Releases by the Debtor. As of the Effective Date, each Released Party will be deemed released and discharged by each and all of the Debtor, the Reorganized Debtor, and their Estate, in each case on behalf of themselves and their respective successors, assigns, and representatives, and any and all other entities who may purport to assert any Cause of Action, directly or derivatively, by, through, for, or because of the foregoing entities, from any and all claims, obligations, rights, suits, damages, causes of action, remedies, and liabilities whatsoever, including any derivative claims, asserted or assertable on behalf of the Debtor, the Reorganized Debtor, or its Estate, as applicable, whether known or unknown, foreseen or unforeseen, existing or hereinafter arising, in law, equity, or otherwise, that the Debtor, the Reorganized Debtor, or its Estate or Affiliates would have been legally entitled to assert in their own right (whether individually or collectively) or on behalf of the holder of any claim against, or interest in, the Debtor or other entity, based on or relating to, or in any manner arising from, in whole or in part, the Debtor, the purchase, sale, or rescission of the purchase or sale of any security of the Debtor or the Reorganized Debtor, the subject matter of, or the transactions or events giving rise to, any claim or interest that is treated in the Plan, the business or contractual arrangements between the Debtor and any Released Party, the Debtor’s in- or out-of-court restructuring efforts, intercompany transactions, the Chapter 11 Case, the formulation, preparation, dissemination, negotiation, filing, or consummation of the Disclosure Statement, the Plan, the Transaction Support Agreement, or any other restructuring transaction, contract, instrument, release, or other agreement or document created or entered into in connection with the Disclosure Statement or the Plan, the filing of the Chapter 11 Case, the pursuit of confirmation of the Plan, the pursuit of consummation of the Plan, the administration and implementation of the Plan, including the issuance or distribution of securities pursuant to the Plan, or the distribution of property under the Plan or any other related agreement, or upon any other act or omission, transaction, agreement, event, or other occurrence taking place on or before the Effective Date, other than claims or liabilities primarily arising out of or relating to any act or omission of a Released Party that constitutes actual fraud, will...
Releases by the Debtor. Except as otherwise expressly provided in this Plan or the Confirmation Order, on the Effective Date, for good and valuable consideration, to the fullest extent permissible under applicable law, each of the Debtor and Reorganized Debtor on its own behalf and as a representative of its respective Estate, shall, and shall be deemed to, completely and forever release, waive, void, extinguish and discharge unconditionally, each and all of the Released Parties of and from any and all Claims and Causes of Action (including, without limitation, Avoidance Actions), any and all other obligations, suits, judgments, damages, debts, rights, remedies, causes of action and liabilities of any nature whatsoever, whether liquidated or unliquidated, fixed or contingent, direct or derivative, matured or unmatured, known or unknown, foreseen or unforeseen, then existing or thereafter arising, in law, equity or otherwise that are or may be based in whole or part on any act, omission, transaction, event or other circumstance taking place or existing on or prior to the Effective Date (including prior to the Petition Date) in connection with or related to the Debtor, the Reorganized Debtor, their respective assets and property, and the Estate, the Chapter 11 Case, this Plan, the Plan Supplement or the Disclosure Statement that may be asserted by or on behalf of the Debtor, the Reorganized Debtor or the Estate against any of the Released Parties; provided, however, that nothing in this Section 9.3 shall be construed to release any party from fraud, willful misconduct or gross negligence as determined by a Final Order.
Releases by the Debtor. Upon the Effective Date, the Debtor individually (but not the Khan Trustee or the Khan estate except as expressly provided below in Section 4(C)) hereby releases, forgives, and discharges all of the other Parties, and their respective present and former officers, directors, employees, representatives, affiliates, attorneys, accountants, agents, successors and assigns, specifically including KeyBank and the bankruptcy estates of the Debtor, the IOI Debtors, and the Michigan Debtor Entities (collectively, the “Released Parties” and each individually, a “Released Party”), of and from all matters, claims, liabilities, demands, causes of action, debts, obligations, promises, acts, agreements, damages or interests of whatever kind or nature, and any attorneys’ fees and expenses that may be related thereto, whether known or unknown, which the Debtor now has or may hereafter acquire against such persons or entities by reason of or relating to any reason, cause or event which has happened, developed, or occurred before the date hereof, including without limitation all claims or causes of action which have been asserted or could have been asserted against any Released Party in the Ohio Litigation, the Separate Maintenance Action, any of the ongoing bankruptcy cases of the Debtor, the Michigan Debtor Entities or the IOI Debtors, or otherwise. Notwithstanding the foregoing, (i) the claims released in this Section 4(A) shall not include any claims that are or were property of the Debtor’s bankruptcy estate as of the Petition Date, (ii) nothing contained in this Agreement shall impair the right of the Debtor and Xxx. Xxxx to reach an agreement regarding the disposition of the Exempt Assets specified in Section 1(A) and the Xxx. Xxxx Assets specified in Section 2(A) of this Agreement, and (iii) nothing in this Agreement shall limit in any way the Debtor’s ability or right to defend himself from any claims or to cooperate in any way with any other party in the claims brought by against such party by any of the Parties; provided, however, the Debtor hereby waives and releases for himself, but not for the Khan Trustee or the Debtor’s bankruptcy estate, any right to seek affirmative relief from any Released Party, it being expressly understood by the Parties that notwithstanding any other provision of this Agreement, all claims, remedies and causes of action held by the Debtor’s estate, IOI Debtors’ estates or the Michigan Debtor Entities’ estates, or derivative of those est...
Releases by the Debtor. For good and valuable consideration, the adequacy of which is hereby confirmed, upon the Effective Date, the Debtor and the Reorganized Debtor, in its individual capacity and as debtor in possession, shall be deemed forever to release, waive and discharge all claims, obligations, suits, judgments, damages, demands, debts, rights, Causes of Action and liabilities (other than the rights of the Debtor or Reorganized Debtor to enforce the terms of the Plan and the contracts, instruments, releases, indentures and other agreements or documents delivered in connection with the Plan), whether liquidated or unliquidated, fixed or contingent, matured or unmatured, known or unknown, foreseen or unforeseen, then existing or thereafter arising, in law, equity or otherwise that are based in whole or in part on any act, omission, transaction, event or other occurrence taking place on or before the Effective Date in any way relating to the Debtor, the Reorganized Debtor, the Chapter 11 Case, the Plan or the Solicitation and Disclosure Statement, and that could have been asserted by or on behalf of the Debtor, the Estate or the Reorganized Debtor against any of the Releasees; provided, however, that there shall be no such release, waiver or discharge on account of claims or obligations in respect of (i) any loan, advance or similar payment made by the Debtor or their affiliates to or for the benefit of any Releasee or (ii) any continuing contractual obligation owed by such Releasee to or for the benefit of the Debtor.
