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Sunday, July 15, 2012 8:54:32 PM
So that everyone understands:
9.4. RELEASES. ON THE EFFECTIVE DATE, THE DEBTOR, THE REORGANIZED
DEBTOR AND THE CLASS 2 PREPETITION LENDERS (COLLECTIVELY, THE
“RELEASOR PARTIES”) SHALL BE DEEMED TO HAVE RELEASED AND
DISCHARGED TO THE FULLEST EXTENT POSSIBLE THE CLASS 2
PREPETITION LENDERS AND ALL PRESENT AND FORMER OFFICERS,
DIRECTORS, AGENTS, ATTORNEYS, INVESTMENT BANKERS, FINANCIAL
ADVISORS, AND PROFESSIONALS EMPLOYED BY OR ASSOCIATED WITH
THE RELEASOR PARTIES (THE “RELEASED PARTIES”), OF AND FROM ANY
AND ALL CLAIMS OR CAUSE OF ACTIONS, WHETHER KNOWN OR
UNKNOWN, ASSERTED OR NOT ASSERTED, SCHEDULED OR NOT
SCHEDULED AND WHETHER ARISING UNDER THE BANKRUPTCY CODE
OR OTHER APPLICABLE STATE OR FEDERAL LAW, ARISING FROM OR
RELATED TO ACTS OR OMISSIONS (EXCEPT FOR GROSS NEGLIGENCE OR
INTENTIONAL FRAUD) OCCURRING ON OR BEFORE THE EFFECTIVE DATE
OF THE PLAN AND THE RELEASOR PARTIES COVENANT NOT TO SUE ANY
OF THE RELEASED PARTIES WITH RESPECT TO THE CLAIMS RELEASED
HEREIN.
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