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Case 16-42529 Doc 2867 Filed 04/03/17 Entered 04/03/17 15:08:20 Main Document
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<br />a Debtor or Reorganized Debtor, or the respective assets or property thereof; and (e) proceeding
<br />in any manner in any place whatsoever that does not conform to or comply with the provisions of
<br />the Plan or the settlements set forth in the Plan to the extent such settlements have been approved
<br />by the Bankruptcy Court in connection with Confirmation. The Bankruptcy Court shall have
<br />jurisdiction to determine and award damages and/or other appropriate relief at law or in equity
<br />for any violation of such injunction, including compensatory damages, professional fees and
<br />expenses, and exemplary damages for any willful violation of said injunction.
<br />4. Discharee of Claims. Except as provided in the Plan or in the
<br />Confirmation Order, the rights afforded under the Plan will be in exchange for and in complete
<br />satisfaction, discharge and release of all Claims (other than Intercompany Claims, except to the
<br />extent provided in the Restructuring Transactions) and termination of all Interests (other than
<br />Subsidiary Debtor Interests) arising on or before the Effective Date, including any interest
<br />accrued on Claims from and after the Petition Date. Except as provided in the Plan or in the
<br />Confirmation Order, Confirmation will, as of the Effective Date, and consistent with
<br />Exhibit IV.F.1 of the Plan: (a) discharge the Debtors from all Claims or other Liabilities that
<br />arose on or before the Effective Date and all debts of the kind specified in sections 502(g),
<br />502(h) or 502(1) of the Bankruptcy Code, whether or not (i) a proof of Claim based on such debt
<br />is Filed or deemed Filed pursuant to section 501 of the Bankruptcy Code, (ii) a Claim based on
<br />such debt is allowed pursuant to section 502 of the Bankruptcy Code or (iii) the holder of a
<br />Claim based on such debt has accepted the Plan; and (b) terminate all Interests and other rights
<br />of holders of Interests in the Debtors other than Subsidiary Debtor Interests.
<br />In accordance with the foregoing, except as provided in the Plan or the
<br />Confirmation Order, the Confirmation Order will be a judicial determination, as of the Effective
<br />Date and consistent with Exhibit IV.F I to the Plan, of a discharge of all Claims and other debts
<br />and Liabilities against the Debtors and a termination of all Interests and other rights of the
<br />holders of Interests in the Debtors (other than Subsidiary Debtor Interests), pursuant to, and
<br />solely to the full extent provided by, sections 524(a)(1), 524(a)(2) and 1141(d) of the Bankruptcy
<br />Code, and such discharge will void any judgment obtained against the Debtors or Reorganized
<br />Debtors at any time, to the extent that such judgment relates to a discharged Claim or terminated
<br />Interest. For the avoidance of doubt, pursuant to section 1141(d)(3) of the Bankruptcy Code, the
<br />confirmation of the Plan does not discharge the Gold Fields Debtors.
<br />5 Exculpation. Pursuant to the Plan, and except as otherwise specifically
<br />provided in the Plan or the Confirmation Order, to the fullest extent permitted by applicable law,
<br />the Released Parties shall neither have nor incur any liability to any Person or entity with respect
<br />to any and all Claims and Causes of Action in connection with, relating to or arising out of the
<br />Chapter 11 Cases, including, without limitation, Claims and Causes of Actions relating to or
<br />arising out of acts or omissions occurring after the Confirmation Date in connection with
<br />Distributions made consistent with the terms of the Plan by any Disbursing Agent or Third Party
<br />Disbursing Agent, the restructuring of the Debtors, the formulation, negotiation, preparation,
<br />dissemination, implementation, administration, solicitation, Confirmation or consummation of
<br />the Plan, the Restructuring Term Sheet, the Disclosure Statement, the PSA, the settlements set
<br />forth in the Plan or any contract, instrument, release or other agreement or document created or
<br />entered into in connection with the Plan or in relation to the Plan, including, without limitation,
<br />the Confirmation Exhibits, the Exit Facility, the Replacement Secured First Lien Term Loan (if
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