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Release OptOut

OPT-OUT FORM REGARDING THE ABOVE-CAPTIONED DEBTORS' CHAPTER 11 PLAN

IMPORTANT INFORMATION REGARDING THE RELEASE OF CLAIMS BY THIRD PARTIES

ARTICLE X OF THE PLAN CONTAINS RELEASE, EXCULPATION AND INJUNCTION PROVISIONS. YOU SHOULD REVIEW THESE PROVISIONS CAREFULLY.

Check the box below if you elect not to grant the Third Party Release contained in Article X.B.2 of the Plan. If you are not a signatory to the Plan Support Agreement, election to withhold consent is at your option. If you submit your Opt-Out Form with this box checked, then you will be deemed NOT to consent to the Third Party Release set forth in Article X.B.2 of the Plan.

PLEASE BE ADVISED THAT BY NOT CHECKING THE BOX BELOW YOU ELECT TO GRANT THE THIRD-PARTY RELEASE AGAINST THE "RELEASED PARTIES" AS THAT TERM IS DEFINED IN THE PLAN, IN EACH AND EVERY CAPACITY IN WHICH YOU HOLD A CLAIM AGAINST, OR EQUITY INTEREST IN, ANY OF THE DEBTORS. PLEASE ALSO BE ADVISED THAT BY CHECKING THE BOX, YOU WILL NOT RECEIVE A RELEASE FROM THE NON-DEBTOR RELEASING PARTIES PURSUANT TO ARTICLE X.B.2 OF THE PLAN. YOU MUST AFFIRMATIVELY CHECK THE BOX BELOW IN ORDER TO OPT-OUT OF THE THIRD PARTY RELEASE.

PLEASE ALSO BE ADVISED THAT IF YOU DO NOT CHECK THE BOX BELOW AND YOU ELECT TO GRANT THE THIRD PARTY RELEASE IN ARTICLE X.B.2 OF THE PLAN, THEN, AS FURTHER PROVIDED IN THIRD PARTY RELEASE PROVISIONS IN THE PLAN WHICH ARE ATTACHED TO THIS OPT-OUT FORM, YOU WILL BE DEEMED TO HAVE CONCLUSIVELY, ABSOLUTELY, UNCONDITIONALLY, IRREVOCABLY, AND FOREVER PROVIDED A FULL DISCHARGE, WAIVER AND RELEASE TO EACH OF THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, RELEASED AND SETTLED CLAIMS, LITIGATION CLAIMS AND ANY OTHER DEBTS, OBLIGATIONS, RIGHTS, SUITS, DAMAGES, ACTIONS, REMEDIES, AND LIABILITIES WHATSOEVER, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, WHETHER DIRECTLY OR DERIVATIVELY HELD, EXISTING AS OF THE EFFECTIVE DATE OR THEREAFTER ARISING, IN LAW, AT EQUITY OR OTHERWISE, WHETHER FOR TORT, CONTRACT, VIOLATIONS OF FEDERAL OR STATE SECURITIES LAWS, OR OTHERWISE, BASED IN WHOLE OR IN PART UPON ANY ACT OR OMISSION, TRANSACTION, OR OTHER OCCURRENCE OR CIRCUMSTANCES EXISTING OR TAKING PLACE PRIOR TO OR ON THE EFFECTIVE DATE ARISING FROM OR RELATED IN ANY WAY IN WHOLE OR IN PART TO ANY OF THE DEBTORS.

PLEASE ALSO BE ADVISED THAT THE DEBTOR RELEASE CONTAINED IN ARTICLE X.B.1 OF THE PLAN IS SEPARATE FROM AND INDEPENDENT OF THE THIRD PARTY RELEASE. IF YOU OBJECT TO THE DEBTOR RELEASE, YOU MUST FILE A SEPARATE OBJECTION WITH THE BANKRUPTCY COURT IN ACCORDANCE WITH THE PROCEDURES DESCRIBED IN THE DISCLOSURE STATEMENT ORDER.

  I elect to opt-out of the Third Party Releases contained in Article X.B.2 of the Plan:      YES  

By completing this Opt-Out Form, you certify to the Bankruptcy Court and the Debtors:

  1. that either: (i) you are the Holder of the Class 8 or 9 Old Equity Interests; or (ii) you are an authorized signatory for an Entity that is a Holder of the Class 8 or 9 Old Equity Interests, and, in either case, has the full power and authority to elect to opt-out of the Third Party Releases;
  2. that you have received a copy of the Disclosure Statement and the Solicitation Package and acknowledge that the solicitation is being made pursuant to the terms and conditions set forth therein;
  3. that you have made the same election with respect to all Class 8 or 9 Old Equity Interests in a single Class; and
  4. that no other Opt-Out Forms with respect to your Class 8 or 9 Old Equity Interests have been cast or, if any other Opt-Out Forms have been cast with respect to such Equity Interest, then any such earlier Opt-Out Forms are hereby revoked.