We do not expect a scenario in which Avaya stops working or discontinues its first-class products and customer support. “We have the flexibility to invest in the large and growing contact center and unified communications markets as we complete our transformation into a provider of software, services and cloud solutions,” added Chirico. “With a new board and management team, Avaya is now well positioned to implement its growth plan and deliver the returns and values our stakeholders expect.” Aaya`s proposed plan contains the following conditions: Prudence on Forward-Looking Statements This document contains certain forward-looking statements. These statements may be made through the use of forward-looking terminology such as “anticipate,” “believe,” “could,” “could,” “appreciate,” “expect,” “may,” “could,” “could,” “could,” “could,” “potentially,” “provisional,” “predictable,” “should,” “would” or “would” or are not limited to continuing negotiations with creditors who are not participating in PSA, and at the date of the occurrence of the Act. We have based these forward-looking statements on our current expectations, assumptions, estimates and forecasts. While we believe these expectations, assumptions, estimates and forecasts to be reasonable, these forward-looking statements are merely predictions and involve known and unknown risks and uncertainties, many of which are beyond our control, including, but not limited to: the actions and decisions of our creditors and other third parties involved in Chapter 11 affairs; our ability to maintain liquidity to finance our operations during Chapter 11 business; our ability to obtain bankruptcy court approvals in Chapter 11 cases; our ability to complete all transactions that have been approved once by the bankruptcy court and the time ahead until these transactions are completed; and other factors that occasionally affect the company in the company`s filings with the SEC, which are available from www.sec.gov. These and other important factors may cause our actual results, performance or performance to differ materially from future results, performance or performance expressed or implied in these forward-looking statements. You will find a list and description of these risks and uncertainties in Avaya`s SEC listings, which are available on www.sec.gov including our 2015 Form submitted to the SEC on November 23, 2015. We draw your attention to the fact that the list of important factors contained in our SEC submissions may not contain all the essential factors that are important to you. In addition, in light of these risks and uncertainties, the points mentioned in the forward-looking statements contained in this document should not occur. Avaya denies any intention or obligation to update or revise any forward-looking statements based on new information, future events or otherwise, unless required by law. For example, the Genco court approved the prior petition agreement as part of the corporate judgment test.

In Re Residential Capital, Case 12-12020, 2013 WL 3286198 (Bankr). S.D.N.Y. June 27, 2013, despite the participation of an insider (Ally Financial) and the presence of affiliate publications, the court also approved the PSA post-petition as part of the commercial judgment review, because PSA “has given rise to months of mediation under judicial supervision with many parties” and “numerous compromises and suggested comparisons of billions of “negotiations have been conducted in good faith , debtors… an undisputed agent who does not hire [the insider]. Id.