Channeling Injunction. The Administrative Agent shall have received a copy of the Channeling Injunction, certified by a Responsible Officer to be a true, complete and correct copy of such document, which shall be in full force and effect, shall not have been stayed, reversed, modified or amended, and shall be final and non-appealable.
Channeling Injunction. It is an essential element of, and a condition to the effectiveness of, this Agreement and the Plan that the Confirmation Order shall contain an injunction (the "Channeling Injunction")
(a) providing that (i) all Class 5/6 Channeled Actions shall be channeled to and fully and completely satisfied as a result of the TWC Contributed Distribution and the other consideration provided by the TWC Entities hereunder; and (ii) all Securities Holder Channeled Actions shall be channeled to and fully and completely satisfied from the Securities Holder Channeling Fund; and
(b) enjoining (except as may be required for recovery from officer/director insurance policies of the Company) the holders of Class 5/6 Channeled Actions and Securities Holder Channeled Actions from:
(i) commencing, conducting or continuing in any manner, directly or indirectly, any suit, action or other proceeding of any kind against a TWC Settlement Releasee or its direct or indirect successor in interest (including, without limitation, all suits, actions, and proceedings that are pending as of the Plan Effective Date, which must be withdrawn or dismissed with prejudice), except as may be set forth in the Securities Holder Channeling Fund Distribution Procedures;
(ii) enforcing, levying, attaching, collecting or otherwise recovering by any manner or means whether directly or indirectly any judgment, award, decree or order against a TWC Settlement Releasee or its assets or property, or its direct or indirect successor in interest, or any assets or property of such transferee or successor,
(iii) creating, perfecting or otherwise enforcing in any manner, directly or indirectly, any lien against a TWC Settlement Releasee or its assets or property, or its indirect or indirect successors in interest, or any assets or property of such transferee or successor,
(iv) asserting any set-off, right of subrogation or recoupment of any kind, directly or indirectly against any obligation due to a TWC Settlement Releasee or its assets or property, or its direct or indirect successors in interest, or any assets or property of such transferee or successor; and
(v) proceeding in any manner that does not conform or comply with the provisions of the Plan (including the Securities Holder Channeling Fund Distribution Procedures), the Approval Order or this Agreement.
Channeling Injunction. The parties to this Settlement Agreement agree and acknowledge that the issuance of a Confirmation Order by the Bankruptcy Court approving the Plan of Reorganization shall include, at a minimum, substantially and substantively all of the following permanent injunction language: All entities which have held or asserted, which hold or assert, or which may in the future hold or assert any Claims or Asbestos Personal Injury Claims against Entrade or the Entrade Released Parties, and each of their respective predecessors, successors, affiliates, and/or purchasers, if any, as well as each of their respective officers and directors including, without limitation, Xxxxx X. Xxxxxx, or any of the Selling Shareholders (the “Covered Parties”) based upon, relating to, arising out of, or in any way connected with asserting any Claims or Asbestos Personal Injury Claims (including such Claims which are derivative of the Committee Action such as the claim of Muralo Company, Inc.) shall be permanently enjoined, stayed, and/or restrained, from taking any action for the purpose of directly or indirectly collecting, recovering, or receiving payments, satisfaction, or recovery with respect to any such Claims or Asbestos Personal Injury Claims against the Covered Parties from the date of this order until the Bankruptcy Case is resolved by confirmation of a Plan of Reorganization, which includes a Channeling injunction in favor of Entrade and the Entrade Released Parties or otherwise, as this court enters a final order under Section 349 of the Bankruptcy Code enforcing this Order. The scope of the Permanent Injunction shall include but is not limited to:
Channeling Injunction. Nothing in this Trust Agreement shall be construed in any way to limit or expand the scope, enforceability or effectiveness of the Opioid Permanent Channeling Injunction issued in connection with the Plan or the Hospital Trust’s assumption of all liability for Hospital Opioid Claims.
Channeling Injunction. Nothing in this Trust Agreement shall be construed in any way to limit or expand the scope, enforceability or effectiveness of the Channeling Injunction issues in connection with the Plan or the NAS Monitoring Trust’s assumption of all
Channeling Injunction
