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2015-01-21_GENERAL DOCUMENTS - C1981012 (2)
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2015-01-21_GENERAL DOCUMENTS - C1981012 (2)
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Last modified
8/24/2016 5:56:44 PM
Creation date
1/23/2015 9:45:28 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981012
IBM Index Class Name
General Documents
Doc Date
1/21/2015
Doc Name
Notice of Filing of Report of the Monitor in the Canadian Proceeding
From
US Bankruptcy Court
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
LDS
MPB
Media Type
D
Archive
No
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-29- <br />Counsel, the Trustee, Marret and the Secured Noteholders (collectively and together with other <br />parties receiving releases pursuant to the Plan, the "Released Parties "). <br />73. The Plan provides that the Released Parties shall be released and discharged from <br />any and all claims based in whole or in part on any act, omission, transaction, duty, <br />responsibility, indebtedness, liability, obligation, dealing or other occurrence existing or taking <br />place on or prior to the later of the Plan Implementation Date and the date on which actions are <br />taken to implement the Plan, that constitute or are in any way relating to, arising out of or in <br />connection with any Claims, any Director /Officer Claims and any indemnification obligations <br />with respect thereto, the Secured Notes and related guarantees, the Secured Note Indentures, the <br />Secured Note Obligations, the Equity Interests, the Stock Option Plans, the New Cline Common <br />Shares, the New Secured Debt, the New Credit Agreement, the Unsecured Plan Entitlement, the <br />WARN Act Plan Entitlement, any payments to Convenience Creditors, the business and affairs <br />of the Applicants, the administration and/or management of the Applicants, the Recapitalization, <br />the Plan, the CCAA Proceeding, the Chapter 15 Proceeding or any document, instrument, matter <br />or transaction involving any of the Applicants or the Cline Companies taking place in connection <br />with the Recapitalization or the Plan (referred to collectively as the "Released Claims "), and all <br />Released Claims shall be fully, finally, irrevocably and forever waived, discharged, released, <br />cancelled and barred as against the Released Parties, all to the fullest extent permitted by <br />Applicable Law, provided that nothing in the Plan will waive, discharge, release, cancel or bar: <br />(a) the right to enforce the Applicants' obligations under the Plan; <br />(b) the Applicants from or in respect of any Unaffected Claim or any Claim that is <br />not permitted to be released pursuant to section 19(2) of the CCAA; or <br />
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