Common use of General Unsecured Claims Clause in Contracts

General Unsecured Claims. Allowed General Unsecured Claims will receive treatment consistent with the provisions of the Bankruptcy Code; provided that trade claims of up to $3 million may be unimpaired.other than Encana Claims may elect to either (i) participate in the general unsecured claim cash pool (the “GUC Cash Pool”) or (ii) receive (x) their pro rata share of the general unsecured creditor equity pool (the “GUC Equity Pool”) and (y) for certain holders of Allowed General Unsecured Claims (the “GUC Eligible Holders”), the opportunity to participate in a rights offering (the “GUC Rights Offering”). The GUC Cash Pool will consist of $3.75 million in cash, and holders of Allowed General Unsecured Claims that elect to participate in the GUC Cash Pool will receive cash equal to 12% of the amount of their Allowed General Unsecured Claim upon the Allowance of such Claim; provided, however, that if the GUC Cash Pool has been exhausted, Holders of Allowed General Unsecured Claims will no longer be able to elect to participate in the GUC Cash Pool, and all such Holders will receive their pro rata share of the GUC Equity Pool and, for such Holders that are also GUC Eligible Holders, the opportunity to participate in the GUC Rights Offering. The GUC Equity Pool will consist of a number of New Equity Interests (subject to dilution by (a) the Warrant Equity, (b) the Management Incentive Plan, (c) the GUC Rights Offering, and (d) New Equity Interests issued to Encana) equal to (x) 0.00000000000000% multiplied by (y) the total amount of Allowed General Unsecured Claims multiplied by (z) the number of New Equity Interests as of the Effective Date; provided that in no event shall the GUC Equity Pool exceed 0.22% of the New Equity Interests as of the Effective Date.

General Unsecured Claims. Allowed General Unsecured Claims will receive treatment consistent with the provisions Each Holder of the Bankruptcy Code; provided that trade claims of up to $3 million may be unimpaired.other than Encana Claims may elect to either (i) participate in the general unsecured claim cash pool (the “GUC Cash Pool”) or (ii) receive (x) their pro rata share of the general unsecured creditor equity pool (the “GUC Equity Pool”) and (y) for certain holders of Allowed General Unsecured Claims (the “GUC Eligible Holders”), the opportunity to participate in a rights offering (the “GUC Rights Offering”). The GUC Cash Pool will consist of $3.75 million in cash, and holders of Allowed General Unsecured Claims that elect to participate in the GUC Cash Pool will receive cash equal to 12% of the amount of their an Allowed General Unsecured Claim upon shall receive its pro rata share of: • 100% of the Allowance NewCo Common Stock; • 100% of such Claimthe Class A Trust Units; providedand • Cash sufficient to satisfy the Senior Note Trustee Expenses, however, to the extent not otherwise paid by the Debtor. provided that if the GUC Cash Pool has been exhausted, Plan will provide Holders of Allowed General Unsecured Claims will no longer be able with the ability to elect to participate receive cash in lieu of the GUC Cash Poolforegoing distributions in an amount and on terms to be agreed to by the Debtor, the Creditors’ Committee, and all such Holders will the Required Ad Hoc Senior Noteholder Parties (the “GUC Cash-Out”). Impaired / Entitled to Vote Class 4 Subordinated Note Claims Each Holder of an Allowed Subordinated Note Claim shall receive their (i) its pro rata share of 100% of the GUC Equity Pool andClass B Trust Units and (ii) cash sufficient to satisfy the Subordinated Note Trustee Expenses, for such Holders that are also GUC Eligible Holders, to the opportunity extent not otherwise paid by the Debtor. Impaired / Entitled to participate in the GUC Rights Offering. The GUC Equity Pool will consist of a number of New Vote Class 5 Preferred Equity Interests (subject Each Holder of an Allowed Preferred Equity Interest shall receive its pro rata share of 100% of the Class C Trust Units. Impaired / Entitled to dilution by Vote Class 6 Common Equity Interests All Common Equity Interests shall be cancelled, released, discharged, and extinguished and will be of no further force or effect, and Holders of such Interests shall not receive or retain any distribution, property, or other value on account of such Interests. Impaired / Deemed to Reject Class 7 Section 510(b) Claims All Section 510(b) Claims shall be cancelled, released, discharged, and extinguished and will be of no further force or effect, and Holders of Section 510(b) Claims shall not receive or retain any distribution, property, or other value on account of such Section 510(b) Claims. Impaired / Deemed to Reject Class 8 Intercompany Claims / Intercompany Interests Each Intercompany Claim and Intercompany Interest shall be (a) the Warrant Equitycancelled, released, and discharged, (b) the Management Incentive Planreinstated, (c) the GUC Rights Offeringconverted to equity, and or (d) New Equity Interests issued to Encana) equal to (x) 0.00000000000000% multiplied by (y) otherwise set off, settled, or distributed, in each case at the total amount of Allowed General Unsecured Claims multiplied by (z) the number of New Equity Interests as option of the Effective Date; provided that in no event shall Debtor with the GUC Equity Pool exceed 0.22% consent of the New Equity Interests Required Ad Hoc Senior Noteholder Parties and the Creditors’ Committee. Unimpaired / Deemed to Accept, or Impaired / Deemed to Reject, as of the Effective Date.Applicable

General Unsecured Claims. (Impaired – Entitled to Vote) In the event of an Acceptable Plan, except to the extent a holder of an Allowed General Unsecured Claims will receive treatment consistent with Claim agrees to less favorable treatment, on the provisions Effective Date, in full and final satisfaction and settlement and in exchange of such Claim, each holder of an Allowed General Unsecured Claim shall receive, either: i. In the Bankruptcy Code; provided that trade claims event of up to $3 million may be unimpaired.other than Encana Claims may elect to either (i) participate in the general unsecured claim cash pool (the “GUC Cash Pool”) or (ii) receive (x) their a WholeCo Sale Transaction, its pro rata share of (i) the general unsecured creditor equity pool Net Proceeds of the WholeCo Sale Transaction, if any, after deducting for the amount required to satisfy in full all Allowed DIP Claims, Allowed Administrative Expense Claims, Allowed Priority Tax Claims, Allowed Other Priority Claims, Allowed First Lien Claims, and Allowed Other Secured Claims, (ii) either, (x) the “GUC Equity Pool”) and net cash proceeds or (y) for certain holders distribution, of Allowed General Unsecured Claims (the “GUC Eligible Holders”), MSP Recovery Class A Stock outstanding as of the opportunity to participate in a rights offering (the “GUC Rights Offering”). The GUC Cash Pool will consist of $3.75 million in cashPetition Date1, and holders of Allowed General Unsecured Claims that elect to participate in (iii) the GUC Cash Pool will receive cash equal to 12% recovery, if any, on account of the amount Litigation Trust Causes of their Allowed General Unsecured Claim upon Action (defined below) assigned or otherwise transferred to the Allowance Post-Confirmation Litigation Trust (defined below); or ii. In the event of such Claim; provideda Stand-Alone Restructuring Plan, however, that if the GUC Cash Pool has been exhausted, Holders of Allowed General Unsecured Claims will no longer be able to elect to participate in the GUC Cash Pool, and all such Holders will receive their its pro rata share of (i) warrants to purchase, after giving effect to the GUC Restructuring, 5% of the total outstanding Reorganized Equity Pool and, for such Holders that are also GUC Eligible Holders, the opportunity to participate in the GUC Rights Offering. The GUC Equity Pool will consist of a number of New Equity Interests (subject to dilution by the Participation Fee, any Plan Sponsor Equity Share, and the MIP) exercisable for a 5-year period commencing on the Effective Date which shall be struck at par plus accrued value of the First Lien Claims and have no Black-Scholes protection (athe “GUC Warrants”), (ii) either, (x) the Warrant Equitynet cash proceeds or (y) distribution, (b) of the Management Incentive Plan, (c) MSP Recovery Class A Stock outstanding as of the GUC Rights OfferingPetition Date, and (d) New Equity Interests issued to Encana) equal to (x) 0.00000000000000% multiplied by (yiii) the total amount recovery, if any, on account of Allowed the Litigation Trust Causes of Action assigned or otherwise transferred to the Post-Confirmation Litigation Trust. Except as otherwise agreed to with the consent of the Requisite Consenting Creditors, the Debtors shall use commercially reasonable efforts to seek to have any General Unsecured Claims multiplied by (z) the number of New Equity Interests as former directors and officers or any affiliate or related entity of any of the Effective Date; provided that in no event foregoing will be waived, extinguished, subordinated, recharacterized, and/or objected to (as applicable) by the Debtors. For the avoidance of doubt, any claims arising under or relating to the Total Health Agreement shall the GUC Equity Pool exceed 0.22% of the New Equity Interests be classified as of the Effective DateGeneral Unsecured Claims.

General Unsecured Claims. Allowed General Unsecured Claims will receive treatment consistent with the provisions of the Bankruptcy Code; provided that trade claims of up to $3 million may be unimpaired.other than Encana unimpaired. Intercompany Claims may elect to either (i) participate in Intercompany claims shall be reinstated, compromised, or cancelled, at the general unsecured claim cash pool (the “GUC Cash Pool”) or (ii) receive (x) their pro rata share option of the general unsecured creditor equity pool (relevant holder of such claims with the “GUC reasonable consent of the Ad Hoc Noteholders. Preferred Equity Pool”) and (y) for certain holders If Plan is accepted by the classes of Allowed General Unsecured Claims (the “GUC Eligible Holders”), the opportunity and Preferred Equity and subject to participate all other restructuring terms being agreed to in a rights offering (manner acceptable to the “GUC Rights Offering”). The GUC Cash Pool will consist of $3.75 million in cashCompany and the Senior Note Backstop Parties, and holders of Allowed General Unsecured Claims that elect to participate in the GUC Cash Pool will receive cash equal to 12% of the amount of their Allowed General Unsecured Claim upon the Allowance of such Claim; provided, however, that if the GUC Cash Pool has been exhausted, Holders of Allowed General Unsecured Claims will no longer be able to elect to participate in the GUC Cash Pool, and all such Holders Preferred Equity will receive their pro rata share of (a) 3% of the GUC Equity Pool and, for such Holders that are also GUC Eligible Holders, the opportunity to participate in the GUC Rights Offering. The GUC Equity Pool will consist of a number of New Equity Interests (subject to dilution by (a) the Warrant EquitySenior Note Rights Offering, (b) the 2L Investment, Management Incentive Plan, (cand the Backstop Fee) the GUC Rights Offering, and (db) New Equity Interests issued to Encana) equal to (x) 0.00000000000000% multiplied by (y) the total amount of Allowed General Unsecured Claims multiplied by (z) the number of New Equity Interests as of the Effective Date; provided that in no event shall the GUC Equity Pool exceed 0.223-year warrants for 3% of the New Equity Interests exercisable at a TEV to be calculated based on actual net debt, plus Allowed General Unsecured Claims (including rejection damage claims) and administrative expense claims, each as determined as of the Plan Effective Date.Date without giving effect to the Senior Note Right Offering, the Senior Note Backstop, or the 2L Investment. Common Equity If Plan is accepted by the classes of General Unsecured Claims, Preferred Equity, and Common Equity and subject to all other restructuring terms being agreed to in a manner acceptable to the Company and the Senior Note Backstop Parties, holders of Common Equity will receive their pro rata share of 3-year warrants for 3% of the New Equity Interests exercisable at a TEV to be calculated based on actual net debt, plus Allowed General Unsecured Claims (including rejection damage claims), administrative expense claims, and the liquidation preference of the Preferred Equity, each as determined as of the Plan Effective Date without giving effect to the Senior Note Right Offering, the Senior Note Backstop, or the 2L Investment. EXECUTION VERSION