TREATMENT OF ALLOWED CLAIMS. 30. All Allowed General Unsecured Claims under or pursuant to the terms of this Settlement Agreement, including without limitation any such Claims as may eventually be allowed pursuant to Paragraphs 24-26 (Treatment of Prepetition Liabilities for Additional Sites), regardless of the holder of such Claims, (i) will receive the same treatment under the Plan of Reorganization, without discrimination, as other Allowed General Unsecured Claims with all attendant rights provided by the Bankruptcy Code and other applicable law, and (ii) will not be entitled to any priority in distribution (although the provisions of Section X (Insurance Proceeds) shall apply in the event of excess insurance proceeds, and the provisions of Paragraph 33 shall apply with respect to setoff). In no event shall the general unsecured Claims allowed or to be allowed pursuant to this Settlement Agreement be subordinated to any other Allowed General Unsecured Claims pursuant to any provision of the Bankruptcy Code or other applicable law that authorizes or provides for subordination of allowed Claims, including without limitation Sections 105, 510, and 726(a)(4) of the Bankruptcy Code.
Appears in 5 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
TREATMENT OF ALLOWED CLAIMS. 3013. All Allowed General Unsecured Claims and Allowed Convenience Claims under or pursuant to the terms of this Settlement Agreement, including without limitation any such Claims as may eventually be allowed pursuant to Paragraphs 24-26 Article VII (Treatment of Prepetition Liabilities for Additional Sites), regardless of the holder of such Claims, Claims (i) will receive the same treatment under the Plan of Reorganization, without discrimination, as other Allowed General Unsecured Claims and Allowed Convenience Claims with all attendant rights provided by the Bankruptcy Code and other applicable law, law and (ii) will not be entitled to any priority in distribution (although the provisions of Section X (Insurance Proceeds) shall apply in the event of excess insurance proceeds, and the provisions of Paragraph 33 shall apply with respect to setoff)distribution. In no event shall the general unsecured Allowed General Unsecured Claims allowed or Allowed Convenience Claims (including Claims to be allowed pursuant to Article VII of this Settlement Agreement Agreement) be subordinated to any other Allowed General Unsecured Claims pursuant to any provision of the Bankruptcy Code or other applicable law that authorizes or provides for subordination of allowed Claims, including without limitation Sections 105, 510, 510 and 726(a)(4) of the Bankruptcy Code.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
TREATMENT OF ALLOWED CLAIMS. 30. All Allowed General Unsecured Claims ClaiThs under or pursuant to the terms terThs of this Settlement AgreementSettleThent AeeThent, including without limitation liThitation any such Claims ClaiThs as may Thay eventually be allowed pursuant to Paragraphs 24Paraaphs 2 4-26 2 6 (Treatment of Prepetition Liabilities for Additional Sites), regardless of the o fthe holder of such ClaimsClaiThs, (i) will receive the same treatment treatThent under the Plan of ReorganizationofReorganization, without discriminationdiscriThination, as other Allowed General Unsecured Claims ClaiThs with all attendant rights provided by the Bankruptcy Code and other applicable law, and (ii) will not be entitled to any priority in distribution (although the provisions of Section X (Insurance Proceeds) shall apply in the event of excess insurance proceeds, and the provisions of Paragraph Paraaph 33 shall apply with respect to setoffsetofi). In no event shall the general unsecured Claims ClaiThs allowed or to be allowed pursuant to this Settlement Agreement SettleThent AeeThent be subordinated to any other Allowed General Unsecured Claims pursuant ClaiThs purs uant to any provision of the Bankruptcy Code or other applicable law that authorizes or provides for subordination of allowed ClaimsClaiThs, including without limitation liThitation Sections 105, 510, and 726(a)(472 6(a)( 4) of the Bankruptcy Code.
Appears in 1 contract
Samples: Settlement Agreement