Kodiak Transferred Rights

Kodiak Transferred Rights. Means any and all of Kodiak II's right, title, and interest in, to and under the Original Security, together with the following: (i) the Existing Indenture and Trust Agreement; (ii) all amounts payable to Kodiak II under the Original Security, the Existing Indenture and/or the Trust Agreement, excluding, however, amounts payable on account of interest for the period from January 30, 2009 through May 29, 2009; (iii) all claims (including "claims" as defined in Bankruptcy Code §101(5)), suits,... causes of action, and any other right of Kodiak II, whether known or unknown, against the Company or any of its Affiliates (including the Trusts), or their respective agents, representatives, contractors, advisors, directors, officers and trustees or any other entity or individual that in any way is based upon, arises out of or is related to any of the foregoing, including all claims (including contract claims, tort claims, malpractice claims, and claims under any law governing the exchange of, purchase and sale of, or indentures for, securities), suits, causes of action, and any other right of Kodiak II against any attorney, accountant, financial advisor, or other entity arising under or in connection with the Original Security, the Existing Indenture, the Trust Agreement or the transactions related thereto or contemplated thereby but, excluding the transactions contemplated under this Agreement; (iv) all guarantees and all collateral and security of any kind for or in respect of the foregoing; 4 (v) all cash, securities, or other property, and all setoffs and recoupments, to be received, applied, or effected by or for the account of Kodiak II under the Original Security, other than fees, costs and expenses payable to Kodiak II hereunder and all cash, securities, interest, dividends, and other property that may be exchanged for, or distributed or collected with respect to, any of the foregoing; and (vi) all proceeds of the foregoing. View More

Kodiak Transferred Rights. Means any and all of Kodiak's right, title, and interest in, to and under the Original Preferred Securities, together with the following: (i) the Existing Indenture and 2007 Trust Agreement; (ii) all amounts payable to Kodiak under the Original Preferred Securities, the Existing Indenture and/or the 2007 Trust Agreement; (iii) all guarantees and all collateral and security of any kind for or in respect of the foregoing; (iv) all cash, securities, or other property, and all setoffs and... recoupments, to be received, applied, or effected by or for the account of Kodiak under the Original Preferred Securities, other than fees, costs and expenses payable to Kodiak hereunder and all cash, securities, interest, dividends, and other property that may be exchanged for, or distributed or collected with respect to, any of the foregoing; and (v) all proceeds of the foregoing. View More