Split and Large section 32.4 of the POR operates to cancel the WMCT 2001 trust and prospectus:
32.4 Cancellation of Existing Securities and Agreements: Except as
provided herein, any document, agreement, or instrument evidencing any Claim or Equity Interest shall be deemed automatically cancelled and terminated on the Effective Date without further act or action under any applicable agreement, law, regulation, order, or rule and any and all obligations or liabilities of the Debtors under such documents, agreements, or instruments evidencing such Claims and Equity Interests shall be discharged;
25.2 Cancellation of Common Equity Interests: Notwithstanding the
provisions of Section 25.1 hereof, on the Effective Date, all Common Equity Interests shall be deemed extinguished and the certificates and all other documents representing such EquityInterests shall be deemed cancelled and of no force and effect.
23.3 Cancellation of Preferred Equity Interests: Notwithstanding the
provisions of Section 23.1 hereof, on the Effective Date, all non-REIT Series Preferred Equity Interests shall be deemed extinguished and the certificates and all other documents representing such Equity Interests shall be deemed cancelled and of no force and effect.
23.2 Cancellation of REIT Series: Notwithstanding the provisions of Section23.1 hereof, on the Effective Date, all REIT Series shall be deemed extinguished and thecertificates and all other documents representing such Equity Interests shall be deemed cancelledand of no force and effect. For the avoidance of doubt, this Section 23.2 shall have no effect on,and shall not result in the extinguishment or cancellation of, the Trust Preferred Securities and, in
accordance with the Global Settlement Agreement, JPMC or its designee is the sole legal,equitable and beneficial owner of the Trust Preferred Securities for all purposes.
1.103 Equity Interest: The interest of any holder of one or more equity
securities of WMI (including, without limitation, voting rights, if any, related to such equity securities) represented by issued and outstanding shares of common or preferred stock or other instrument evidencing a present ownership interest in WMI, whether or not transferable, or anyoption, warrant, or right, contractual or otherwise, to acquire any such interest, including,without limitation, unvested restricted stock.
1.73 Common Equity Interest: Collectively, (a) an Equity Interest
represented by the 3,000,000,000 authorized shares of common stock of WMI, including,without limitation, one of the 1,704,958,913 shares of common stock of WMI issued and outstanding as of the Petition Date, or any interest or right to convert into such an Equity Interest or acquire any Equity Interest of WMI that was in existence immediately prior to or on thePetition Date or (b) a Claim, other than with respect to the Dime Warrants, which pursuant to aFinal Order, has been subordinated to the level of Equity Interest in accordance with section 510
of the Bankruptcy Code or otherwise and whose shall count, for purposes of calculating Pro RataShare of distributions, shall be determined by dividing the amount of an Allowed Claim by theper share price of WMI common stock as of either (a) the Petition Date, (b) the close of businesson the day immediately preceding the Petition Date, (c) December 12, 2011, or (3) such other
date as determined by the Bankruptcy Court.
1.170 Preferred Equity Interest: An Equity Interest represented by an issued and outstanding share of preferred stock of WMI prior to or on the Petition Date, including,without limitation, those certain (i) Series K Perpetual Non-Cumulative Floating Rate Preferred Stock, (ii) Series R Non-Cumulative Perpetual Convertible Preferred Stock, and (iii) the REIT Series.
