AMENDED AND RESTATED SETTLEMENT AGREEMENT AND RELEASESettlement Agreement and Release • March 31st, 2008 • Congoleum Corp • Plastics products, nec • New Jersey
This Amended and Restated Settlement Agreement and Release is made as of this 18th day of January, 2008, by and between CONGOLEUM CORPORATION, on its own behalf and on behalf of all “Persons” (as defined herein) within the definition of “Congoleum” (as defined herein), and upon its creation, the Plan Trust, on the one part, and MT. MCKINLEY INSURANCE COMPANY and EVEREST REINSURANCE COMPANY (“Mt. McKinley and Everest” as defined herein), on the other part.
SECOND AMENDMENT TO THE CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE AMONG CONGOLEUM CORPORATION,The Confidential Settlement Agreement • March 31st, 2008 • Congoleum Corp • Plastics products, nec
This Second Amendment (the “Second Amendment”) to that certain Confidential Settlement Agreement and Release Among Congoleum Corporation, the Plan Trust and Certain Underwriters at Lloyd’s, London, dated June 22, 2005 (the “Agreement”), is made this 8th day of November, 2007, by and between Congoleum and, upon its creation, the Plan Trust, on the one hand, and Lloyd’s Underwriters, on the other hand.
ContractRatification and Amendment Agreement • March 31st, 2008 • Congoleum Corp • Plastics products, nec
LETTER AGREEMENTLetter Agreement • March 31st, 2008 • Congoleum Corp • Plastics products, nec
Reference is hereby made to the Settlement and Policy Buyback Agreement and Release (“Settlement and Buyback Amendment”), dated as of April 25, 2006, by and among Congoleum Corporation (“Congoleum”), individually and on behalf of all of the Congoleum Entities; upon its creation, the Plan Trust; American Biltrite Inc. (“ABI”), individually and on behalf of all of the ABI Entities; and Travelers Casualty and Surety Co., formerly known as Aetna Casualty and Surety Company (“Travelers”), and St. Paul Fire and Marine Insurance Company (“St. Paul”), individually and on behalf of the St. Paul Travelers Entities.
