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as of the Effective Date, in consideration for the obligations of the
<br />Debtors and the Reorganized Debtors under the Plan and the
<br />consideration and other contracts, instruments, releases, agreements
<br />or documents to be entered into or delivered in connection with the
<br />Plan, each holder of a Claim or Interest that (a) votes in favor of the
<br />Plan or (b) is conclusively presumed to have accepted the Plan under
<br />section 1126(f) of the Bankruptcy Code, to the fullest extent
<br />permissible under law, will be deemed to forever release, waive and
<br />discharge all Liabilities in any way relating to: (i) any Debtor; (ii) the
<br />Chapter 11 Cases; (iii) the Estates; (iv) the formulation, preparation,
<br />negotiation, dissemination, implementation, administration,
<br />Confirmation or consummation of any of the Plan (or the property to
<br />be distributed under the Plan), the Confirmation Exhibits, the
<br />Disclosure Statement, the Exit Facility, the Replacement Secured First
<br />Lien Term Loan (if applicable), the New Second Lien Notes (if
<br />applicable), the Additional First Lien Debt (if applicable), the Rights
<br />Offering and the Rights Offering Documents, the Private Placement
<br />and the Private Placement Documents, the Rights Offering Backstop
<br />Commitment Agreement, the Private Placement Agreement, the
<br />Amended Securitization Facility, the Gold Fields Liquidating Trust
<br />Agreement, any contract, employee pension or other benefit plan,
<br />instrument, release or other agreement or document related to any
<br />Debtor, the Chapter 11 Cases or the Estates created, modified,'
<br />amended, terminated or entered into in connection with either the
<br />Plan or any agreement between the Debtors and any Released Party;
<br />or (v) any other act taken or omitted to be taken in connection with
<br />the Chapter 11 Cases, including, without limitation, acts or omissions
<br />occurring after the Confirmation Date in connection with
<br />Distributions made consistent with the terms of the Plan by any
<br />Disbursing Agent or Third Party Disbursing Agent, that such Person
<br />has, had or may have against any Released Party (which release will
<br />be in addition to the discharge of Claims and termination of Interests
<br />provided herein and under the Confirmation Order and the
<br />Bankruptcy Code); provided, however, that the foregoing provisions
<br />shall not affect the liability of any Released Party that otherwise
<br />would result from any act or omission to the extent that act or
<br />omission subsequently is determined in a Final Order to have
<br />constituted gross negligence or willful misconduct; provided, further,
<br />that the foregoing provisions shall not affect any rights to enforce the
<br />Plan, the Exit Facility, the Replacement Secured First Lien Term
<br />Loan (if applicable), the New Second Lien Notes (if applicable), the
<br />Additional First Lien Debt (if applicable), the Rights Offering and the
<br />Rights Offering Documents, the Private Placement and the Private
<br />Placement Documents, the Rights Offering Backstop Commitment
<br />Agreement, the Private Placement Agreement, the Amended
<br />Securitization Facility, the Gold Fields Liquidating Trust Agreement
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