||Rights and Powers of Disbursing Agent |
(a) From and after the Effective Date, the
Disbursing Agent, solely in its capacity as Disbursing Agent, shall be exculpated by all Entities, including, without limitation, holders of Claims against and Interests in the Debtor and other parties in interest, from any and all Claims, Causes of
Action, and other assertions of liability arising out of the discharge of the powers and duties conferred upon such Disbursing Agent by the Plan or any order of the Bankruptcy Court entered pursuant to or in furtherance of the Plan, or applicable
law, except for actions or omissions to act arising out of the gross negligence or willful misconduct, fraud, malpractice, criminal conduct, or ultra vires acts of such Disbursing Agent. No holder of a Claim or Interest or other party in
interest shall have or pursue any claim or Cause of Action against the Disbursing Agent, solely in its capacity as Disbursing Agent, for making distributions in accordance with the Plan or for implementing provisions of the Plan, except for actions
or omissions to act arising out of the gross negligence or willful misconduct, fraud, malpractice, criminal conduct, or ultra vires acts of such Disbursing Agent.
(b) A Disbursing Agent shall be empowered to (i) effect all actions and execute all agreements, instruments, and other documents
necessary to perform its duties hereunder, (ii) make all distributions contemplated hereby, and (c) exercise such other powers as may be vested in the Disbursing Agent by order of the Bankruptcy Court, pursuant to the Plan, or as deemed by
the Disbursing Agent to be necessary and proper to implement the provisions hereof.
||Expenses of Disbursing Agent. |
Except as otherwise ordered by the Bankruptcy Court, any reasonable and
documented fees and expenses incurred by the Disbursing Agent acting in such capacity (including reasonable documented attorneys fees and expenses) on or after the Effective Date shall be paid in Cash by the Reorganized Debtor in the ordinary
course of business.
||No Postpetition Interest on Claims |
Except to the extent that payments to Allowed General Unsecured
Claims are not timely made pursuant to Section 4.7 of the Plan or as otherwise provided in the Plan, the Confirmation Order, the DIP Orders, or another order of the Bankruptcy Court or required by the Bankruptcy Code, interest shall not accrue
or be paid on any Claims on or after the Commencement Date, provided that, if interest is payable pursuant to the preceding sentence, interest shall accrue at the federal judgment rate pursuant to 28 U.S.C. § 1961 on a non-compounded basis from the date the obligation underlying the Claim becomes due and is not timely paid through the date of payment. For the avoidance of any doubt, interest under the Prepetition Credit Agreement
(at the non-default rate) during the period prior to the Effective Date shall be paid in full in Cash on the Effective Date to the extent that such interest is not paid in full in Cash during the pendency of
the Chapter 11 Case pursuant to the DIP Orders.
||Delivery of Distributions |
(a) Subject to Bankruptcy Rule 9010, all distributions to
any holder or permitted designee, as applicable, of an Allowed Claim or Interest shall be made to a Disbursing Agent, who shall transmit such distribution to the applicable holders or permitted designees of Allowed Claims or Interests on behalf of
the Debtor. In the event that any distribution to any holder or permitted designee is returned