Settlement and Sample Clauses
Settlement and. Compromise The classification and treatment of Claims under the Plan shall settle and compromise the respective contractual, legal, and equitable subordination rights of such Claims, and any such rights shall be released pursuant to the Plan. Restructuring Transactions The Confirmation Order shall be deemed to authorize, among other things, all actions as may be necessary or appropriate, consistent with the RSA (including the applicable consent rights set forth therein), to effect any transaction described in, approved by, contemplated by, or necessary to effectuate the Plan. The Debtors may through the Restructuring Transactions streamline or simplify their organizational structure including by dissolving or merging certain entities with the consent of the Company Parties and the Required Consenting First Lien Creditors.
Settlement and. Compromise The Plan shall contain and effect a compromise and settlement (the “Settlement”) of all Estate Causes of Action and all Transferred Guarantor Claims pursuant to section 1123(b)(3) and Rule 9019 of the Federal Rules of Bankruptcy Procedure, subject to the processes set forth below under the section below entitled “Settlement Procedures” if any such processes are deemed necessary. In consideration for the release and waiver of the Estate Causes of Action and the Transferred Guarantor Claims, the Plan shall provide as follows: ________________________ 4 Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Bankruptcy Code. Avoidance Claims The Avoidance Claims shall include all causes of action that could be asserted against any of the Debtors or any non-Debtor by another Debtor, pursuant to chapter 5 of the Bankruptcy Code, including, but not limited to, claims to avoid the following: The guarantee by Holdings of the Luxco Notes; The subordination to the Luxco Notes obligations of a $644 million (plus accrued interest) payable (the “Capital Note”) owed by Luxco to Capco; Holdings’ release and/or transfer of approximately $900 million of intercompany receivables, including approximately $614 million of receivables that were owed to it by Nextel Telecomunicações Ltda. and transferred to Luxco on or about February 28, 2013; and The release by Services and Holdings of approximately $93 million in intercompany receivables owed to them by Nextel del Peru S.A. The Settlement will result in the recoveries to creditors of the various Debtors being calculated as if 25% of each of the foregoing transfers was avoided. Such recoveries pursuant to the Settlement will be in full satisfaction of any and all potential recoveries that could have been included as part of the Avoidance Claims, regardless of whether such claims are identified above or have been asserted. Recharacterization of Intercompany Claims (other than the Capital Note) Pursuant to the Settlement, the recoveries to creditors of the various Debtors will be calculated as if 25% of each of the intercompany obligations existing between a Debtor and another Debtor or between a non-Debtor subsidiary of the Company and a Debtor outstanding as of the commencement of the Chapter 11 Cases (the “Petition Date”) are recharacterized as equity, with the remaining 75% of such obligations treated as unsecured debts against the obligors of such intercompany obligatio...