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ARTICLE VII
<br /> RELEASES
<br /> 7 . 1 Release of Sanwa by Debtor. In consideration of the
<br /> voluntary subordination of Sanwa's secured claims as provided in
<br /> Section 4 .2 of the Plan, confirmation of the Plan shall, upon the
<br /> Effective Date, constitute a release of all claims, if any, against
<br /> Sanwa and its officers, directors, agents, and employees, by the
<br /> Debtor, either as the Debtor or in its capacity as debtor in
<br /> possession, including claims for surcharge, subordination, or
<br /> avoidance arising under the Bankruptcy Code .
<br /> 7 . 2 Consensual Release Between Sanwa and Class 9 .
<br /> Acceptance of the . Plan by Sanwa and by a holder of a Class 9
<br /> (general unsecured) claim shall, upon the Effective Date,
<br /> constitute a reciprocal release of all claims, if any, arising out
<br /> of such Class 9 claim holder's claims against the Debtor, by and
<br /> between such Class 9 claim holder and its officers, directors ,
<br /> agents, employees, on the one hand, and Sanwa and its officers,
<br /> directors, agents, and employees, on the other hand.
<br /> 7 . 3 Consensual Release Between Minerals and Affiliates
<br /> and Class 9 . Acceptance of the Plan by a holder of a Class 9 claim
<br /> shall, upon the Effective Date, constitute a reciprocal release
<br /> between such Class 9 claim holder and its officers, directors,
<br /> agents, and employees, on the one hand, and Minerals, Minerals'
<br /> corporate affiliates and subsidiaries, and their respective
<br /> officers, directors, agents, and employees, on the other hand.
<br /> Provided, however, the release provided in this section shall
<br /> become void ab initio if the cash distributions to Class 9 under
<br /> the Plan, on December 31, 1995, total less than five percent of the
<br /> Allowed Claims in Class 9. Further provided, Minerals and
<br /> Minerals ' corporate affiliates and subsidiaries, on their behalf
<br /> and on behalf of their respective officers, directors, agents, and
<br /> employees, shall, prior to the Effective Date, deliver to the
<br /> Official Unsecured Creditors ' Committee, for the benefit of all'
<br /> Class 9 claim holders, an agreement tolling any statute of
<br /> limitations with respect to the assertion of such claims by any
<br /> Class 9 claim holder, to the extent that such statute had not
<br /> expired before December 1, 1993 .
<br /> 7 .4 Minimum Acceptance Requirement. In the event that
<br /> the Plan is not accepted by a minimum of $10, 000, 000 of Class 9
<br /> claims, specifically including the claims of the Colorado
<br /> Compensation Insurance Authority, Public Service Company of
<br /> Colorado, and the Denver & Rio Grande Railroad, the Plan shall be
<br /> withdrawn and all releases given pursuant to Sections 7 .2 and 7 .3
<br /> of the Plan shall be null and void, unless Sanwa in its sole
<br /> discretion waives this minimum acceptance requirement.
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