200403669 - Laserfiche WebLink

Browse

200403669 prohibits such assignment or transfer or that enables, permits or requires termination of such contract or lease. 19. Assumption of Insurance Policies. The Debtors' assumption of the Insurance Policies with RepWest under Article VIII of the Plan is approved as of the Effective Date. The Insurance Policies assumed by the Debtors during these Chapter 11 Cases, except for any modifications to such agreement as may have been agreed to by the parties, shall remain in full force and effect for the benefit of the Reorganized Debtors notwithstanding any provision in such Insurance Policies (including those described in Sections 365(b)(2) and (f) of the Bankruptcy Code) that prohibits such assignment or transfer or that enables, permits or requires termination of such Insurance Policies. 20. Indemnification Obligations. Any obligation of the Debtors to indemnify, reimburse or limit the liability of any Person, including but not limited to any officer or director of the Debtors or their Subsidiaries, or any agent, professional, financial advisor or underwriter of any securities issued by the Debtors, relating to any acts or omissions occurring before the Petition Date, whether arising pursuant to charter, by -laws, contract or applicable state law, is deemed an executory contract that is: (a) assumed as of the entry of this Confirmation Order; and (b) any and all Claims resulting from such obligations are hereby allowed under Section 502(e) of the Bankruptcy Code. Notwithstanding any of the foregoing, nothing contained in the Plan or this Confirmation Order shall impact, impair or prejudice the rights of any Person covered by any applicable D &O Policy with respect to such policy or policies. 21. Retained Actions. In accordance with Section 1123(b)(3) of the Bankruptcy Code and Section 7.7 of the Plan, the Reorganized Debtors will retain and may (but are not required to) enforce all Retained Actions, unless released pursuant to this Order. The Debtors or the Reorganized Debtors, in their sole and absolute discretion, will determine whether to bring, settle, release, compromise, or 270895.5 10