Section 502(h). Notwithstanding anything contained in the Plan or this Liquidating Trust Agreement to the contrary, in the event that a compromise and settlement of a Cause of Action or a Final Order with respect to a Cause of Action provides for the allowance of a Claim pursuant to section 502(h) of the Bankruptcy Code against one or more of the Debtors, the distributions to be made on account of such Claim pursuant to the Plan shall be funded by the Liquidating Trust, in the amount(s), from time to time, that all similarly situated holders of Claims are entitled to receive under the Plan.
Section 502(h). Notwithstanding anything contained in the Plan or this Litigation Trust Agreement to the contrary, in the event that a compromise and settlement of a Litigation Trust Asset or a Final Order with respect to a Litigation Trust Asset provides for the allowance of a Claim pursuant to section 502(h) of the Bankruptcy Code against one or more of the Debtors or ESI, the Distributions to be made on account of such Claim pursuant to the Plan shall be funded by the Litigation Trust, in the amount(s), from time to time, that all similarly situated holders of Claims are entitled to receive under the Plan.
Section 502(h). Notwithstanding anything contained this Agreement to the contrary, in the event that a compromise and settlement of a Litigation Trust Claim or a Final Order with respect to a Litigation Trust Claim provides for the allowance of a Claim pursuant to section 502(h) of the Bankruptcy Code against one or more of FairPoint, the distributions to be made hereunder on account of such Claim pursuant to the Plan shall be funded by the Litigation Trust, in the amount(s), from time to time, that all similarly situated holders of Claims are entitled to receive hereunder.
