FES Plan definition

FES Plan means any plan or joint chapter 11 plan of reorganization, or any plan or joint chapter 11 liquidating plan, for any Debtor or group of Debtors, filed in the Bankruptcy Cases in a form acceptable to each of the Parties, each in their own discretion, and consistent in all respects with the terms of this Agreement. For the avoidance of doubt, nothing in this Agreement precludes the Debtors from filing a single joint chapter 11 plan of reorganization or a joint chapter 11 liquidating plan.

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Examples of FES Plan in a sentence

• The Debtors hereby agree that any FES Plan will provide consensual third-party releases in favor of the FE Non-Debtor Parties (the "FE Non-Debtor Parties' Consensual Releases") that are the same as any consensual third-party releases provided in favor of the Other Released Parties (as such term is defined in the Third Amended Joint Plan of Reorganization of FirstEnergy Solutions Corp, et al.

• The FE Non-Debtor Parties hereby acknowledge and consent to (i) the inclusion of the consensual third-party releases in favor of the FE Non-Debtor Parties in the FES Plan contemplated by this Section 3 and (ii) the Debtors' modifying the language in the FES Plan to provide that such consensual third-party releases shall be deemed to be granted by Holders of Claims against or Interests in the Debtors that (x) are deemed to accept such FES Plan or (y) are entitled to vote and vote to accept such FES Plan.

• The Parties hereby agree that nothing in this Section 3 will be deemed to waive the rights of the FE Non-Debtor Parties under Section 10.2(c) of the Settlement Agreement; provided, that, the Plan Releases to be included in any FES Plan shall be deemed to be the FE Non-Debtor Parties’ Consensual Releases as described herein.

• The Debtors hereby agree that the FES Plans shall include a provision that the FES Plan Documents shall be consistent with this Agreement and otherwise in form and substance reasonably acceptable to the Committee and the Supporting Parties.