Laserfiche WebLink
200403669 <br />Response. The Court finds and concludes that the Tort Claimants' Objection is without merit, and it is <br />overruled in its entirety. <br />46. Resolution of BMO Objection. Pursuant to the BMO Voting Stipulation, which is <br />incorporated herein by this reference, the Debtors and BMO have resolved the BMO Objection based <br />upon the Plan modifications set forth therein and in this Order. <br />47. Resolution of Citibank Objection. Pursuant to the Citibank Voting Stipulation, which is <br />incorporated herein by this reference, the Debtors and Citibank have resolved the Citibank Objection <br />based upon the Plan modifications set forth therein and in this Order. <br />48. Modifications to Plan. At the request of the Debtors, the Plan is hereby modified <br />pursuant to Section 1127(a) of the Bankruptcy Code. Additions to the Plan are indicated with a double <br />underline, and deletions are indicated with a strike- through. The modifications to the Plan are as <br />follows: <br />270895.5 <br />a. Section 1.140 "Released Parties" means, collectively: (i) all officers of each of the <br />Debtors, all members of the boards of directors of each of the Debtors, and all employees <br />of each of the Debtors, in each case, as of the date of the commencement of the hearing <br />on the Disclosure Statement; (ii) the Statutory Committees and all members of the <br />Statutory Committees in their respective capacities as such; (iii) the DIP Agent in its <br />capacity as such; (iv) the DIP Lenders in their capacities as such; (v) the Prepetition <br />Lenders in their capacities as such; (vi) the Prepetition Agent in its capacity as such; (vii) <br />the holders of AREC Note Claims; (viii) the Indenture Trustees; (ix) SAC Holding, as a <br />co- proponent of the Plan; (xl Bank of Montreal in its capacity as administrative agent for <br />the lenders under the BMO Master Lease, BMO Global Solutions, Inc., in its <br />capacity as agent lessor under the BMO Master Lease and Citibank Master Lease: (xii) <br />the BMO Lease Parties (as defined in the Confirmation Order): (xiii) Citicorp USA. Inc.. <br />in its capacity as agent under the Citibank Master Lease; (xiv) the Citibank Lease Parties <br />(as defined in the Confirmation Order); and (ix) Lxv ) with respect to each of the above - <br />named Persons, such Person's affiliates, principals, employees, agents, officers, directors, <br />financial advisors, attorneys and other professionals, in their capacities as such. <br />Notwithstanding the foregoing, nothing in this Article 1.140, the Plan or the <br />Confirmation Order shall affect, release, enjoin or impact the prosecution of the Claims <br />asserted or to be asserted against the non - Debtor defendants in the Derivative Actions, <br />the Class Actions or the Securities Actions. <br />22 <br />IV <br />