SETTLEMENT AGREEMENTSettlement Agreement • May 17th, 2010 • American Biltrite Inc • Plastics products, nec
This Settlement Agreement (the “Agreement”) is made and entered into as of the Execution Date between and among the Congoleum Parties (as defined), the Committee (as defined), the Claimants’ Representatives (as defined) and the Chartis Companies (as defined).
MANAGEMENT SERVICES AND COMMERCIAL AGREEMENTManagement Services and Commercial Agreement • May 17th, 2010 • American Biltrite Inc • Plastics products, nec • Delaware
THIS MANAGEMENT SERVICES AND COMMERCIAL AGREEMENT (this “Agreement”) is dated as of [ ], 2010, by and between American Biltrite Inc., a Delaware corporation (“ABI”), and Congoleum Corporation, a Delaware corporation and as reorganized on and after the Effective Date of the Plan (as defined below) (“Congoleum”). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Fourth Amended Joint Plan of Reorganization under Chapter 11 of the Bankruptcy Code of the Debtors, the Official Asbestos Claimants’ Committee, the Official Committee of Bondholders for Congoleum Corporation, et al. and the Futures Representative, dated as of March 11, 2010, as such plan may be amended from time to time (the “Plan”).
AMENDED AND RESTATED SETTLEMENT AGREEMENT AND RELEASESettlement Agreement • May 17th, 2010 • American Biltrite Inc • Plastics products, nec • New Jersey
This Amended and Restated Settlement Agreement and Release is made as of this ____ day of March, 2010, 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” (as defined herein), on the one part, and FEDERAL INSURANCE COMPANY, on its own behalf and on behalf of all “Persons” (as defined herein) within the definition of “Federal” (as defined herein), on the other part.
