200403669
<br />b. Section 1.144 "Restated BMO Master Lease" means the restated BMO Master Lease
<br />to be executed and delivered by Reorganized AREC and U -Haul on the Effective Date of
<br />the Plan in accordance with the provisions of Section 5.4(a)(ii) of the Plan. as modified
<br />by the Confirmation Order. to Ai4iele H of the Plan, in substantially the
<br />♦+ L. .a hereto as E..hib t T
<br />Section 1.145 "Restated Citibank Master Lease" means the restated Citibank Master
<br />Lease as amended and restated to be executed and delivered by Reorganized AREC on
<br />the Effective Date of the Plan in accordance with Section 5.3 of the Plan, as modified by
<br />the Confirmation Order, and each other amended, restated, modified or supplemented
<br />document or agreement contemplated therein or necessary and appropriate to implement
<br />the terms thereof. pufsuant to "ffiele ` 3"' "'' of the P! , in substantially the fe
<br />tt t, a hereto as Exhi .:t T.r
<br />d. Section 11.4(c) Exculpation and Limitation of Liability Regarding Conduct of Chapter
<br />11 Cases. The Debtors, the Reorganized Debtors, the Statutory Committees, the
<br />members of the Statutory Committees in their capacities as such, the DIP Lenders, the
<br />DIP Agent, the Prepetition Agent, the Prepetition Lenders, the Indenture Trustees, each
<br />holder of the AREC Notes, SAC Holding. Bank of Montreal in its capacity as
<br />administrative agent for the lenders under the BMO Master Lease, BMO Global
<br />Solutions Inc in its capacity as agent lessor under the BMO Master Lease an d the
<br />Citibank Master Lease the BMO Lease Parties, Citicorp USA. Inc.. in its capacity as
<br />agent under the Citibank Master Lease the Citibank Lease Parties and each such parties'
<br />respective professionals, agents, present or former members, officers and directors and
<br />any of such parties' successors and assigns, shall not have or incur, and are hereby
<br />forever released, waived, and discharged from any claims, obligations, suits, judgments,
<br />damages demands, debts, rights, Causes of Action, or liabilities to one another or to any
<br />Claimholder or Interestholder, or any other party -in- interest, or any of their respective
<br />agents, employees, professionals, or any of their successors and assigns, for any act or
<br />omission, unless such act or omission is caused by such parties' gross negligence or
<br />willful misconduct, in connection with, relating to, or arising out of (i) the Debtors'
<br />Chapter 11 Cases, (ii) the negotiation and filing of this Plan, (iii) the filing of the Chapter
<br />11 Cases, (iv) the pursuit of confirmation of the Plan, including distributions made under
<br />the Plan, and the consummation of this Plan, including distributions made under the Plan,
<br />or (v) the administration of this Plan or the property to be distributed.under this Plan.
<br />49. Modifications to Treatment of Class 3(a) Citibank Secured Claim and Class 3(b) Citibank
<br />Guaranty laim. Section 5.3 of the Plan is deleted in its entirety and modified to read as follows:
<br />a. Class 3 shall consist of a separate subclass for the Citibank Secured Claim and the
<br />Citibank Guaranty Claim. The alternative treatments set forth in this Article 5.3 of the
<br />Plan shall be in full satisfaction, settlement, release and discharge of the Citibank Secured
<br />Claim and the Citibank Guaranty Claim.
<br />(a) Class 3(a): Citibank Secured Claim (Impaired):
<br />270895.5 23
<br />
|