Page:United States Statutes at Large Volume 108 Part 5.djvu/626

 108 STAT. 4116 PUBLIC LAW 103-394—OCT. 22, 1994 "(bb) acquiring or selling a financial interest in an entity as part of such a transaction, "(iii) As used in this subparagraph, the term 'related party' means— "(I) a past or present affiliate of the debtor; "(11) a predecessor in interest of the debtor; or "(HI) any entity that owned a financial interest in— "(aa) the debtor; "(bb) a past or present affiliate of the debtor; or "(cc) a predecessor in interest of the debtor. "(B) Subject to subsection (h), if, under a plan of reorganization, a kind of demand described in such plan is to be paid in whole or in part by a trust described in paragraph (2)(B)(i) in connection with which an injunction described in paragraph (1) is to be implemented, then such injunction shall be valid and enforceable with respect to a demand of such kind made, after such plan is confirmed, against the debtor or debtors involved, or against a third party described in subparagraph (A)(ii), if— "(i) as part of the proceedings leading to issuance of such injunction, the court appoints a legal representative for the purpose of protecting the rights of persons that might subsequently assert demands of such kind, and "(ii) the court determines, before entering the order confirming such plan, that identifying such debtor or debtors, or such third party (by name or as part of an identifiable group), in such injunction with respect to such demands for purposes of this subparagraph is fair and equitable with respect to the persons that might subsequently assert such demands, in light of the benefits provided, or to be provided, to such trust on behalf of such debtor or debtors or such third party. "(5) In this subsection, the term 'demand' means a demand for payment, present or future, that— "(A) was not a claim during the proceedings leading to the confirmation of a plan of reorganization; "(B) arises out of the same or similar conduct or events that gave rise to the claims addressed by the injunction issued under paragraph (1); and "(C) pursuant to the plan, is to be paid by a trust described in paragraph (2)(B)(i). "(6) Paragraph (3)(A)(i) does not bar an action taken by or at the direction of an appellate court on appeal of an injunction issued under paragraph (1) or of the order of confirmation that relates to the injunction. "(7) This subsection does not affect the operation of section 1144 or the power of the district court to refer a proceeding under section 157 of title 28 or any reference of a proceeding made prior to the date of the enactment of this subsection. "(h) APPLICATION TO EXISTING INJUNCTIONS. —For purposes of subsection (g)— "(1) subject to paragraph (2), if an injunction of the kind described in subsection (g)(1)(B) was issued before the date of the enactment of this Act, as part of a plan of reorganization confirmed by an order entered before such date, then the injunction shall be considered to meet the requirements of subsection (g)(2)(B) for purposes of subsection (g)(2)(A), and to satisfy subsection (g)(4)(A)(ii), if—

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