FDIC-R released, FDIC-C is not
The Seventh Amended Plan’s definition of “Released Claim” includes, among other things, claims or causes of
action that arise in, relate to or have been or could have been asserted (i) in the Chapter 11 Cases, the Receivership
or the Related Actions, or (ii) by holders of Equity Interests relating to Equity Interests they have against the
Debtors, and (iii) claims that otherwise arise from or relate to the Receivership, the Purchase and Assumption
Agreement, the 363 Sale and Settlement, as defined in the Global Settlement Agreement, the Plan, the Global
Settlement Agreement, and the negotiations and compromises set forth in the Global Settlement Agreement and the
Plan, including, without limitation, in connection with or related to any of the Debtors, the Affiliated Banks (as
defined in the Seventh Amended Plan), and their respective subsidiaries, assets, liabilities, operations, property or
estates, the assets to be received by JPMC pursuant to the Global Settlement Agreement, the Debtors’ Claims, the
JPMC Claims, the FDIC Claim, the WMI/WMB Intercompany Claims, any intercompany claims on the books of
WMI or WMB related to the WaMu Pension Plan or the Lakeview Plan, or the Trust Preferred Securities (including,
without limitation, the creation of the Trust Preferred Securities, the financing associated therewith, the requested
assignment of the Trust Preferred Securities by the Office of Thrift Supervision and the transfer and the asserted
assignment of the Trust Preferred Securities subsequent thereto); provided, however, that “Released Claims” does
not include (1) any and all claims that the JPMC Entities, the Receivership, the FDIC Receiver and the FDIC
Corporate are entitled to assert against each other or any other defenses thereto pursuant to the Purchase and
Assumption Agreement, which claims and defenses shall continue to be governed by the Purchase and Assumption
Agreement, (2) any and all claims held by Entities against WMB, the Receivership and the FDIC Receiver solely
with respect to the Receivership, and (3) subject to the exculpation provisions set forth in the Plan, any avoidance
action or claim objection regarding an Excluded Party (as defined in the Seventh Amended Plan ) or the WMI
Entities (as defined in the Seventh Amended Plan), WMB, each of the Debtors’ estates, the Reorganized Debtors
and their respective Related Persons; and, provided, further, that “Released Claims” is not intended to release, nor
shall it have the effect of releasing, any party from the performance of its obligations in accordance with the order
confirming the Seventh Amended Plan or the Seventh Amended Plan.
