1994-06-27_GENERAL DOCUMENTS - C1981017 ‎(2)‎

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 6/27/1994
• Doc Name: Case 92 11658 Debtors Second Amended Plan of Liquidation
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

ARTICLE VIII
MISCELLANEOUS
8. 1 Headings. The headings used in the Plan are solely
for the convenience of the reader and do not in any way limit,
expand or modify the provisions of the Plan to which they refer.
8 . 2 SeverabilitV. If any provision of the Plan renders
the Plan unconformable, or is otherwise held to be illegal,
invalid, or unenforceable, such provision shall be fully severable.
The Plan then shall be construed and enforced as if such provision
had never comprised a part of the Plan, and the remaining
provisions of the Plan shall remain in full force and shall not be
affected by the unconformable, illegal, invalid, or unenforceable
provision or by its severance from the Plan. Furthermore, in lieu
of such provision, there shall be added as a part of this Plan a
provision as similar in terms to such unconformable, illegal,
invalid, or unenforceable provision as may be possible and be
confirmable, legal, valid and enforceable. Notwithstanding the
foregoing, the provisions of Section 7 . 1 of the Plan may not be
severed from the Plan.
8 . 3 Modification of the Plan. The Debtor may propose
amendments or modifications of the Plan at any time prior to
confirmation. After entry of the Confirmation Order, the Debtor
may, with approval of the Court, so long as it does not materially
or adversely affect the interests of holders of Claims, remedy any
defect or omission or reconcile any inconsistency in the Plan, or
in the order confirming the Plan, in such manner as may be
necessary to carry out the purposes and effect of the Plan.
8.4 Documents and agreements. All parties bound by this
Plan shall execute all documents, releases, assignments or other
agreements necessary to implement the Plan. If any necessary party
refuses or fails to execute, deliver or to join in the execution or
delivery of any instrument required to effect a transfer of
property dealt with by the Plan or perform any other act, including
the satisfaction of a lien, necessary for consummation of the Plan,
the Court may order the same or order the Clerk of the Court to so
execute the instrument, release or other document.
18