General Motors Corp. Civil Action No. 07-14074 (E.D. Mich. filed Sept. 9, 2007).
General Motors Corp. Civil Action No. 07-14074 (E.D. Mich. filed Sept. 9, 2007) and/or (2) the class action of UAW et al.
General Motors Corp. No. 05-CV-73991, 2006 WL 891151 (E.D. Mich. Mar. 31, 2006, aff’d, Int’l Union, UAW v. General Motors Corp., 497 F.3d 615 (6th Cir. 2007)) and the transactions, agreements or arrangements contemplated thereby or by similar agreements.
General Motors Corp. No. 05-CV-73991, 2006 WL 891151 (E.D. Mich. Mar. 31, 2006, aff’d, Int’l Union, UAW v. General Motors Corp., 497 F.3d 615 (6th Cir. 2007) (“Hxxxx I”). This Settlement Agreement shall cover and has application to:
(i) the Class;
(ii) the Covered Group;
(iii) the Existing External VEBA;
(iv) the trustee and committee that administer the Existing External VEBA;
(v) the UAW;
(vi) the GM Plan; and
(vii) GM. With regard to GM, the UAW and the Class, this Settlement Agreement: (i) resolves and settles all claims that arise in connection with Hxxxx XX; (ii) resolves and settles all claims, motions and other issues pertaining to or remaining in Hxxxx I; (iii) amends, supersedes or otherwise supplants the settlement agreement dated December 16, 2005 approved in Hxxxx I (“Hxxxx I Settlement Agreement”); and (iv) provides the basis upon which the judgment entered March 31, 2006 in Hxxxx I shall be satisfied, superseded or amended as necessary to give full force and effect to the terms of this Settlement Agreement. This Settlement Agreement also resolves and settles any and all claims for GM contributions to the Existing External VEBA, and provides for the termination of the Existing External VEBA and the transfer of all assets and liabilities of the Existing External VEBA to the New VEBA. However, except as otherwise specifically set forth herein, nothing in this Settlement Agreement is intended to alter the eligibility provisions of the GM Plan or to provide GM contributions or benefits to individuals who are not otherwise entitled to such under the GM Plan. This Settlement Agreement is subject to approval by the Court and the parties shall request that the Court incorporate the entirety of this Settlement Agreement in the Approval Order. In the event of an inconsistency between this Settlement Agreement and any prior agreements or documents, including the Memorandum of Understanding Post-Retirement Medical Care September 26, 2007 (“MOU”), this Settlement Agreement shall control. In the event of an inconsistency between the body of this Settlement Agreement and the Exhibits hereto, this Settlement Agreement shall control, unless explicitly stated otherwise in this Settlement Agreement. This Settlement Agreement recognizes and approves on the basis set forth herein: (i) the amendment of the GM Plan to terminate coverage for and exclude from coverage the Class and the Covered Group; (ii) the division of the Existing Internal VEBA into the UAW Related Account and Non-UAW...
General Motors Corp. No. 05-CV-73991, 2006 WL 891151 (E.D. Mich. Mar. 31, 2006, aff’d, Int’l Union, UAW v. General Motors Corp., 497 F.3d 615 (6th Cir. 2007) entered into a settlement agreement, and thereafter, GM, the UAW, and the class representatives entered into a settlement agreement in the class action of Int’l Union, UAW, et. al.
General Motors Corp. No. 05-CV-73991, 2006 WL 891151 (E.D. Mich. Mar. 31, 2006, aff’d, Int’l Union, UAW v. General Motors Corp., 497 F.3d 615 (6th Cir. 2007). Any such redemption pursuant to the preceding sentence is referred to as a “Termination Redemption.” A Termination Redemption shall be made in cash at a price equal to 100% of the principal amount of the Series U Debentures, plus accrued and unpaid interest thereon to but not including the Redemption Date. For the avoidance of doubt, no Redemption Adjustment Amount shall be payable in connection with any Termination Redemption.
General Motors Corp. Civil Action Xx. 00- 00000 (X.X. Xxxx. filed Sept. 9, 2007) (“Xxxxx XX”), and/or (2) the class action of UAW et al.
General Motors Corp. Civil Action No. 05-73991, in the United States District Court for the Eastern District of Michigan; and and
General Motors Corp. Civil Action No. 07-14074 (E.D. Mich. filed Sept. 9, 2007) (the “Settlement Agreement”) to deposit certain assets to the TAA and provide for the ultimate payment of certain assets to fund the New Plan and the New VEBA in connection with the discharge of the Maker’s retiree medical benefit obligations as set forth in the Settlement Agreement. Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Settlement Agreement.
General Motors Corp. 889 F.2d 1078 (Fed. Cir. 1989) 16 23 909 F.2d 1459 (Fed. Cir. 1990) 16 25 731 F.2d 909 (D.C. Cir. 1984) 20, 21 26 Medtronic, Inc. v. Catalyst Research Corp. 27 518 F. Supp. 946 (D. Minn. 1981), aff’d, 664 F.2d 660 (8th Cir. 28 1981) ..................................................................................................................... 18
