Case 23-10242-MFW Doc 652-1 Filed 09/19/23 Page 16 of 58
expenses incurred after the Petition Date and on or before the Effective Date under sections 328, 330, 331, or 503(b)(2) of the Bankruptcy Code, as applicable; or (b) by an OCP for
compensation for services rendered or reimbursement of expenses incurred after the Petition Date and on or before the Effective Date pursuant to the OCP Order.
77. Professional Fee Reserve means the reserve established and funded by the Debtor prior to the
Effective Date to satisfy the unpaid Professional Fee Claims of the Retained Professionals.
78. Professional Fee Reserve Amount has the meaning set forth in Article II.B.4 herein.
79. Proof of Claim means a proof of Claim Filed against the Debtor in the Chapter 11 Case.
80. Related Party means each of, and in each case in its capacity as such, current and former
directors, managers, officers, committee members, members of any governing body, equity holders (regardless of whether such interests are held directly or indirectly), affiliated investment funds or investment vehicles, managed accounts or funds,
predecessors, participants, successors, assigns, subsidiaries, Affiliates, partners, limited partners, general partners, principals, members, management companies, fund advisors or managers, employees, agents, trustees, advisory board members,
financial advisors, attorneys (including any other attorneys or professionals retained by any current or former director or manager in his or her capacity as director or manager of an Entity), accountants, investment bankers, consultants,
representatives, and other professionals and advisors and any such Persons or Entitys respective heirs, executors, estates, administrators, beneficiaries, guardians, and nominees.
81. Release Opt-In means the item set forth in the ballot form distributed to each Holder of a Claim
entitled to vote to accept or reject the Plan pursuant to which such Holder may elect to opt into the releases set forth in the Plan.
82. Released Claims and Interests means Claims, Interests, Causes of Action or liabilities as set
forth in Article IX.D. of this Plan.
83. Releasing Parties means, collectively, and in each
case, in their respective capacities as such, (a) all Holders of Claims, Interests or Causes of Action that elect to opt into the releases contained in Article IX herein by choosing the Release Opt-In option set forth in the ballot to vote to
accept or reject the Plan; (b) the Committee and its members, each in their capacities as such, during the term of the Committees existence; and (c) each Related Party of each Entity in clause (a) through (b) solely to the
extent such Related Party may assert Claims or Causes of Action on behalf of or in a derivative capacity by or through an Entity in clause (a) through (b).
84. Retained Causes of Action means, except as otherwise released under the Plan, all rights,
including, without limitation, the Investigation Causes of Action and those Causes of Action listed on the Supplemental Schedule of Retained Causes of Action, as well as all rights of setoff and rights of recoupment, refunds, claims, counterclaims,
demands, Causes of Action, and rights to collect damages of the Debtor against third parties, including, without limitation: (a) all litigation, arbitration or other types of adversarial or dispute resolution proceeding disclosed on
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