Page:United States Statutes at Large Volume 92 Part 2.djvu/1359

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2639

§ 1142. Execution of plan (a) Notwithstanding any otherwise applicable nonbankruptcy law, rule, or regulation relating to financial condition, the debtor and any entity organized or to be organized for the purpose of carrying out the plan shall carry out the plan, and shall comply with any orders of the court. (b) The court may direct the debtor and any other necessary party to execute or deliver or to join in the execution or delivery of any instrument required to effect a transfer of propert;^ dealt with by confirmed plan, and to perform any other act, including the satisfaction of any lien, that is necessary for the consummation of the plan. § 1143. Distribution If a plan requires presentment or surrender of a security or the performance of any other act as a condition to participation in distribution under the plan, such action shall be taken not later than five years after the date of the entry of the order of confirmation. Any entity that has not within such time presented or surrendered such entity's security or taken any such other action that the plan requires may not participate in distribution under the plan. § 1144. Revocation of an order of confirmation On request of a party in interest at any time before 180 days after the date of the entry of the order of confirmation, and after notice and a hearing, the court may revoke such order if such order was procured by fraud. An order under this section revoking an order of confirmation shall— (1) contain such provisions as are necessary to protect any entity accoutring rights in good faith reliance on the order of confirmation; and (2) revoke the discharge of the debtor. § 1145. Exemption from securities laws (a) Except with respect to an entity that is an underwriter as defined in subsection (b) of this section, section 5 of the Securities Act of 1933 (15 U.S.C. 77e) and any State or local law requiring registration for offer or sale of a security or registration or licensing of an is«uer of, underwriter of, or broker or dealer in, a security does not applv to— (1) the offer or sale under a plan of a security of the debtor, of an affiliate participating in a joint plan with the debtor, or of a successor to the debtor under the plan— CA) in exchange for a claim against, an interest in, or a claim for an administrative expense in the case concerning, the debtor or such affiliate; or (B) principally in such exchange and partly for cash or property; (2) the offer of a security through any warrant, option, right to subscribe, or conversion privilege that was sold in the manner specified in paragraph (1) of this subsection, or the sale of a security upon the exercise of such a warrant, option, right, or privilege; (3)^ the offer or sale, other than under a plan, of a security of an issuer other than the debtor or an afiiliate, if— (A) such security was owned by the debtor on the date of the filing of the petition; (B) the issuer of such security is—

H USC 1142.

H USC 1143.

11 USC 1144.

H USC 1145.