Preservation of Privileges and Defenses. The actions taken by the Creditors’ Committee, the Debtors, the Reorganized Debtors, and the Transferred Subsidiaries in connection with the Plan and the Trust Assets shall not be (or deemed to be) a waiver of any privilege of any of the Creditors’ Committee, the Debtors, the Reorganized Debtors, and the Transferred Subsidiaries, as applicable, including any attaching to any document or communications (whether written or oral) transferred pursuant the Plan, the Confirmation Order, or this Agreement. Notwithstanding any Debtor, Reorganized Debtor, or Transferred Subsidiary, or the Creditors’ Committee, or any party-in-interest in any of the Noble Claims providing any privileged information to the Litigation Trust, the Litigation Trust Management, or the Litigation Trust Committee, including any member thereof, such privileged information shall be without waiver in recognition of the joint and/or successor interest in prosecuting the Noble Claims and shall remain privileged.
Preservation of Privileges and Defenses. In connection with the rights, claims, causes of action and Liquidation Trust Claims that constitute the Liquidation Trust Assets, any attorney-client privilege, work-product privilege, or other privilege or immunity attaching to any documents or communications (whether written or oral) (collectively, the “Privileges”) transferred to the Liquidation Trust shall vest in the Liquidation Trust Administrator and the Liquidation Trust Advisory Board and their representatives, and the Debtors, the Liquidation Trust Administrator and the Liquidation Trust Advisory Board are authorized to take all necessary actions to effectuate the transfer of such Privileges. This transfer is self-executing, provided, however, that the Liquidation Trust Administrator, the Liquidation Trust Advisory Board and the Debtors are authorized and directed to take any and all necessary actions to effectuate the transfer of such Privileges. After the Effective Date the Liquidation Trust Administrator shall have the exclusive power and authority to assert or waive any Privileges relating exclusively to the Liquidation Trust Assets.
Preservation of Privileges and Defenses. 4.6.1 To the extent the Litigation Materials contain privileged information wholly unrelated to the Litigation Trust Causes of Action, the Debtors may, in writing (including via email) request the return of any such document (“Recalled Document”). A request for the return of a Recalled Document shall identify the specific document and the basis for clawing back such document, in whole or in part, from production. Further, with respect to any Recalled Document, the Litigation Trust shall immediately cease use or disclosure of such document, and the Debtors, if appropriate, shall within ten (10) Business Days provide a version of the document to the Litigation Trust that redacts any such privileged information.
