ORDERED that any person or entity who has held, holds, or could hold or assert any claim, action, or cause of action of any kind, both known and unknown, against any of the Parties as defined in the Settlement Agreement, including but not limited to Discover, any directors or officers of the Debtors, the Trustee, or the Debtors or their bankruptcy estates, except governmental agencies, is permanently enjoined, restrained, and barred from filing, commencing, conducting, asserting, or continuing in any manner, directly, indirectly, or derivatively, any suit, action, claim, demand, or other proceeding (including, without limitation, any proceeding in any judicial, arbitral, administrative, or other forum) against any of the Parties, including but not limited to Discover, any directors or officers of the Debtors, the Trustee, or the Debtors or their bankruptcy estates, based upon, arising from, or attributable to the acts or omissions of the Former Director and Officer Defendants as defined in the Settlement Agreement in their capacity as directors or officers of the Debtors or in any way related to the Debtors or the Litigation Matters as defined in the Settlement Agreement, or against the Insurer in connection with the directors or officers of the Debtors, the Debtors, the 2018 Transaction as defined in Section 3.C of the Settlement Agreement, or the Litigation Matters as defined in the Settlement Agreement. Except as otherwise provided in the Settlement Agreement, this Order shall not, however, impact, impair, or affect any rights that an insured may have under the Policy as defined in the Settlement Agreement or pursuant to any other arrangement among an insured and the Insurer. For the avoidance of doubt, this Order does not release, impair, limit or otherwise affect any right, claim or cause of action that Discover may have against any third party individual or entity that is not a party to the Settlement Agreement and that is an insured under any insurance policy issued by the Insurer that is not the Policy.
