MISCELLANEOUS PROVISIONS Section 13.1 Immediate Binding Effect

Subject to Section 10.2, and notwithstanding Bankruptcy Rules 3020(e), 6004(h), or 7062 or any other Bankruptcy Rule, upon the occurrence of the Effective Date, the terms of the Plan and the Plan Supplement shall be immediately effective and enforceable and deemed binding upon the Debtors, the Reorganized Debtors, and any and all holders of Claims or Interests (irrespective of whether such Claims or Interests are deemed to have accepted the Plan), all Persons that are parties to or are subject to the settlements, compromises, releases, discharges, and injunctions described in the Plan, each Person acquiring property under the Plan, and any and all non-Debtor parties to Executory Contracts and Unexpired Leases with the Debtors.

Section 13.2 Additional Documents

On or before the Effective Date and subject to the terms of the Plan and the Plan Support Agreement, the Debtors may file with the Bankruptcy Court such agreements and other

documents as may be necessary or appropriate to effectuate and further evidence the terms and conditions of the Plan. The Debtors or Reorganized Debtors, as applicable, and all holders of Claims or Interests receiving distributions pursuant to the Plan and all other parties in interest shall, from time to time, prepare, execute and deliver any agreements or documents and take any other actions as may be necessary or advisable to effectuate the provisions and intent of the Plan.

Section 13.3 Reservation of Rights

None of the Plan, any statement or provision contained in the Plan, or any action taken or not taken by any Debtor with respect to the Plan, the Disclosure Statement, or the Plan

Supplement shall be or shall be deemed to be an admission or waiver of any rights of any Debtor with respect to the holders of Claims or Interests before the Effective Date.

Section 13.4 Successors and Assigns

The rights, benefits, and obligations of any Person named or referred to in the Plan shall be binding on, and shall inure to the benefit of, any heir, executor, administrator, successor or assign, affiliate, officer, director, manager, agent, representative, attorney, beneficiary, or guardian, if any, of each Person.

Section 13.5 Service of Documents

Prior to the Effective Date, any pleading, notice or other document required by the Plan to be served or delivered shall be served as follows:

52 If to the Debtors:

c/o New Cotai, LLC Two Greenwich Plaza

Greenwich, Connecticut 06830 Attention: Legal Department - and -

Skadden, Arps, Slate, Meagher & Flom LLP One Manhattan West

New York, New York 10001

Attention: Mark McDermott ([email protected]); and Evan Hill ([email protected])

(212) 735-3000

If to the Consenting Noteholders:

Akin Gump Strauss Hauer & Feld LLP One Bryant Park

New York, New York 10036

Attention: Michael S. Stamer ([email protected]); Meredith A. Lahaie ([email protected]); and Daniel G. Walsh ([email protected]) (212) 872-8100

After the Effective Date, any pleading, notice or other document required by the Plan to be served or delivered to the Debtors or the Reorganized Debtors shall be served in accordance with the notice of the entry of the Confirmation Order and the occurrence of the Effective Date, to be filed by the Reorganized Debtors in the Chapter 11 Cases.

After the Effective Date, the Reorganized Debtors may, in their sole discretion, notify Persons that, in order to continue receiving documents pursuant to Bankruptcy Rule 2002, such Persons must file a renewed request to receive documents pursuant to Bankruptcy Rule 2002.

After the Effective Date, the Reorganized Debtors are authorized to limit the list of Persons receiving documents pursuant to Bankruptcy Rule 2002 to those Persons who have filed such renewed requests.

Section 13.6 Entire Agreement

On the Effective Date, the Plan, the Plan Supplement, and the Confirmation Order shall supersede all previous and contemporaneous negotiations, promises, covenants, agreements, understandings, and representations on such subjects, all of which have become merged and integrated into the Plan.

Section 13.7 Severability of Plan Provisions

If, before Confirmation of the Plan, any term or provision of the Plan is held by the Bankruptcy Court or any other court exercising jurisdiction to be invalid, void, or unenforceable,

53

the Bankruptcy Court or other court exercising jurisdiction shall have the power to alter and interpret such term or provision to make it valid or enforceable to the maximum extent

practicable, consistent with the original purpose of the term or provision held to be invalid, void, or unenforceable, and such term or provision shall then be applicable as altered or interpreted.

Notwithstanding any such holding, alteration, or interpretation, but subject to the Plan Support Agreement, the remainder of the terms and provisions of the Plan will remain in full force and effect and will in no way be affected, impaired, or invalidated by such holding, alteration or interpretation.

Section 13.8 Exhibits

All exhibits and documents included in the Plan Supplement are incorporated into and are a part of the Plan as if set forth in full in the Plan. After the exhibits and documents are filed, copies of such exhibits and documents shall be available upon request to the Debtors’ counsel, by contacting Skadden, Arps, Slate, Meagher and Flom LLP, One Manhattan West, New York, New York 10001, Attn: Evan Hill, at the Bankruptcy Court’s website at

https://ecf.deb.uscourts.gov, or the Debtors’ case website at https://cases.primeclerk.com/newcotai.

Section 13.9 Votes Solicited in Good Faith

Upon entry of the Confirmation Order, the Debtors will be deemed to have solicited votes on the Plan in good faith and in compliance with the Bankruptcy Code and any applicable non-bankruptcy law, and pursuant to section 1125(e) of the Bankruptcy Code, the Debtors and their respective Affiliates, agents, representatives, members, principals, shareholders, officers, directors, advisors, and attorneys will be deemed to have participated in good faith and in

compliance with the Bankruptcy Code in the offer, issuance, sale, and purchase of Plan securities offered and sold under the Plan, and, therefore, will have no liability for the violation of any applicable law, rule, or regulation governing the solicitation of votes on the Plan.

Section 13.10 Conflicts

Except as set forth in the Plan, to the extent that any provision of the Disclosure

Statement or any other order (other than the Confirmation Order) referenced in the Plan (or any exhibits, schedules, appendices, supplements, or amendments to any of the foregoing) conflicts with or is in any way inconsistent with any provision of the Plan, the Plan shall govern and control; provided, however, that if there is a conflict between this Plan and a Plan Supplement document, the Plan Supplement document shall govern and control. To the extent that any provision of the Plan conflicts with or is in any way inconsistent with any provision of the Confirmation Order, the Confirmation Order shall govern and control.

[Signature Page to Joint Chapter 11 Plan of Reorganization]

Dated: New York, New York

August 27, 2020

NEW COTAI VENTURES, LLC

/s/ John Brecker Name: John Brecker Title: Independent Director

NEW COTAI HOLDINGS, LLC

/s/ John Brecker

By: New Cotai Ventures, LLC, its Managing Member Name: John Brecker

Title: Independent Director

NEW COTAI, LLC

/s/ John Brecker

By: New Cotai Ventures, LLC, its Manager Name: John Brecker

Title: Independent Director

NEW COTAI CAPITAL CORP.

/s/ John Brecker Name: John Brecker Title: Independent Director

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP Mark A. McDermott

Evan A. Hill Bram A. Strochlic One Manhattan West

New York, New York 10001 Telephone: (212) 735-3000 Fax: (212) 735-2000

Counsel to Debtors and Debtors-in-Possession UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK

In re Chapter 11

NEW COTAI HOLDINGS, LLC, et al., Case No. 19-22911 (RDD)

Debtors.¹ (Jointly Administered)

NOTICE OF (I) ENTRY OF CONFIRMATION ORDER AND