Windstream Holdings Inc. (fka WINMQ)

[newflow]

CANCEL EXCEPT "REINSTATE" - LAWYER'S TALK

In otherwords, debtor is saying they will cancel the ownership interests except incase where the interests are reinstated IMO.

Page 58/129
http://www.kccllc.net/windstream/document/1922312200626000000000006
or ownership interest in the Debtors giving rise to any Claim or Interest (except such
agreements, certificates, notes, or other instruments or documents evidencing indebtedness or obligation of or ownership interest in the Debtors that are reinstated or amended and restated
pursuant to the Plan), shall be cancelled solely as to the Debtors, and the Reorganized Debtors, the
DIP Agent, JPMorgan Chase Bank, N.A. in its capacity as agent under the Credit Agreement
(including Cortland Capital Market Services LLC, in its capacity as successor agent), the First
Lien Notes Indenture Trustee, the Midwest Notes Indenture Trustee, the Second Lien Notes
Indenture Trustees, and the Unsecured Notes Indenture Trustees shall not have any continuing
duties or obligations thereunder and shall be discharged; and (b) the obligations of the Debtors
pursuant, relating, or pertaining to any agreements, indentures, certificates of designation, bylaws
or certificate or articles of incorporation or similar documents governing the shares, certificates,
notes, bonds, indentures, purchase rights, options, or other instruments or documents evidencing
or creating any indebtedness or obligation of or ownership interest in the Debtors (except such
agreements, certificates, notes or other instruments evidencing indebtedness or obligation of or
ownership interest in the Debtors that are specifically reinstated, amended and reinstated, or
entered into pursuant to the Plan) shall be released and discharged; except that the applicable
indentures and credit agreements shall continue in effect solely for the purpose of: (i) allowing
the applicable agents and indenture trustees to receive distributions from the Debtors and to make
further distributions to the applicable holders of Claims (subject to any applicable charging liens,
including any Second Lien Notes Indenture Trustee Charging Lien and any Unsecured Notes
Indenture Trustee Charging Lien), and allowing such holders to accept distributions, on account
of such Claims; (ii) preserving the applicable agents’ and indenture trustees’ rights to payment of
fees and expenses, including any Second Lien Notes Indenture Trustee Fees and any Unsecured
Notes Indenture Trustee Fees, and allowing the maintenance, exercise, and enforcement of any
applicable charging lien, including any Second Lien Notes Indenture Trustee Charging Lien and any Unsecured Notes Indenture Trustee Charging Lien, for the payment of fees and expenses,
including any Second Lien Notes Indenture Trustee Fees and any Unsecured Notes Indenture
Trustee Fees, and for indemnification as against any money or property distributed to holders; (iii)
preserving the right of applicable agents and indenture trustees to exculpation and indemnification
from the Debtors pursuant and subject to the terms of the applicable credit agreements and
indentures; and (iv) preserving the applicable agents’ and indenture trustees’ right to appear and
be heard in the Chapter 11 Cases or in any other proceeding in the Bankruptcy Court, including
but not limited to enforcing any obligations owed to it under the Plan or Confirmation Order;
provided that nothing in this Plan shall affect the discharge of Claims pursuant to the Bankruptcy
Code, the Confirmation Order, or the Plan, or result in any liability or expense to the Reorganized
Debtors.
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As per granted POR
“Reinstated” or “Reinstatement” means, with respect to Claims and Interests, the treatment provided
for in section 1124 of the Bankruptcy Code.