Case SLM Doc 41 Filed 02/26/18 Entered 02/26/18 17:37:39 Desc Main Document Page 1 of 35

Size: px
Start display at page:

Download "Case SLM Doc 41 Filed 02/26/18 Entered 02/26/18 17:37:39 Desc Main Document Page 1 of 35"

Transcription

1 Case SLM Doc 41 Filed 02/26/18 Entered 02/26/18 17:37:39 Desc Main Document Page 1 of 35 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR (b) SAUL EWING ARNSTEIN & LEHR LLP One Riverfront Plaza, Suite Raymond Boulevard Newark, NJ Tel: (973) Sharon L. Levine, Esq. (SL-2109) Dipesh Patel, Esq. (DP-6216) Melissa Martinez, Esq. (MM-0504) Proposed Counsel for Debtor and Debtor-in- Possession In Re: APEX XPRESS, INC., Debtor. Case No.: Judge: Stacey L. Meisel Chapter: 11 DISCLOSURE STATEMENT FOR CHAPTER 11 PLAN OF REORGANIZATION OF APEX XPRESS, INC. This is not a solicitation of votes to accept or reject the Plan in accordance with section 1125 of the Bankruptcy Code and within the meaning of section 1126 of the Bankruptcy Code. 11 U.S.C. 1125, This Disclosure Statement has not been approved by the Bankruptcy Court. This Disclosure Statement is being submitted for approval but has not been approved by the Bankruptcy Court. The information in this Disclosure Statement is subject to change. This Disclosure Statement is not an offer to sell any securities and is not soliciting an offer to buy any securities /07/2018

2 Case SLM Doc 41 Filed 02/26/18 Entered 02/26/18 17:37:39 Desc Main Document Page 2 of 35 TABLE OF CONTENTS I. INTRODUCTION... 1 II. TREATMENT OF CLAIMS AND INTERESTS... 1 A. ADMINISTRATIVE CLAIMS... 2 B. ADMINISTRATIVE CLAIMS BAR DATE... 3 C. PROFESSIONAL COMPENSATION Final Fee Applications Professional Fee Claims... 3 D. PRIORITY TAX CLAIMS... 3 E. UNITED STATES TRUSTEE STATUTORY FEES... 4 III. IMPORTANT INFORMATION ABOUT THIS DISCLOSURE STATEMENT... 4 A. DEFINED TERMS... 4 B. DETAILS ABOUT THIS DISCLOSURE STATEMENT IV. QUESTIONS AND ANSWERS ABOUT THIS DISCLOSURE STATEMENT A. WHAT IS CHAPTER 11? B. WHY AM I RECEIVING THIS DISCLOSURE STATEMENT? C. WHAT IS A PLAN? D. WHAT IS THE EFFECT OF THE PLAN ON THE DEBTOR S BUSINESS POSTPETITION? E. AM I ENTITLED TO VOTE ON THE PLAN? WHAT WILL I RECEIVE IF THE PLAN IS CONSUMMATED? F. WHAT IS MY ESTIMATED RECOVERY UNDER THE PLAN? G. WHAT HAPPENS TO MY RECOVERY IF THE PLAN IS NOT CONFIRMED, OR DOES NOT GO EFFECTIVE? H. IF THE PLAN PROVIDES THAT I GET A DISTRIBUTION, DO I GET IT UPON CONFIRMATION OR WHEN THE PLAN GOES EFFECTIVE, AND WHAT DO YOU MEAN WHEN YOU REFER TO CONFIRMATION, EFFECTIVE DATE AND CONSUMMATION? I. IS THERE POTENTIAL LITIGATION RELATED TO THE PLAN? J. WILL THE REORGANIZED DEBTOR BE AUTHORIZED TO PURSUE CLAIMS AND CAUSES OF ACTION HELD BY THE DEBTOR S ESTATE AFTER THE EFFECTIVE DATE OF THE PLAN? K. HOW WILL EXECUTORY CONTRACTS BE TREATED UNDER THE PLAN? L. WHAT IS THE DEADLINE TO VOTE ON THE PLAN? M. HOW DO I VOTE FOR OR AGAINST THE PLAN? N. DOES THE DEBTOR RECOMMEND VOTING IN FAVOR OF THE PLAN? O. WHY IS THE BANKRUPTCY COURT HOLDING A CONFIRMATION HEARING AND WHAT IS IT? P. WHEN IS THE CONFIRMATION HEARING SET TO OCCUR? Q. HOW CAN I OBJECT TO CONFIRMATION OF THE PLAN? V. THE DEBTOR S CORPORATE HISTORY, STRUCTURE AND BUSINESS OVERVIEW A. BACKGROUND B. REVENUE, ASSETS AND LIABILITIES... 20

3 Case SLM Doc 41 Filed 02/26/18 Entered 02/26/18 17:37:39 Desc Main Document Page 3 of 35 C. EVENTS LEADING TO THE COMMENCEMENT OF THE CHAPTER 11 CASE D. THE BANKRUPTCY FILING E. FIRST DAY RELIEF F. OFFICIAL COMMITTEE OF UNSECURED CREDITORS G. BAR DATES AND CLAIMS PROCESS H. SCHEDULES AND STATEMENTS OF FINANCIAL AFFAIRS VI. RELEASES AND EXCULPATIONS VII. RISK FACTORS A. GENERAL CONSIDERATIONS B. RISKS RELATING TO BANKRUPTCY The Debtor May Not Be Able to Obtain Confirmation of the Plan The Conditions Precedent to the Effective Date of the Plan May Not Occur Delays of Confirmation or Effective Date C. RISK RELATING TO ESTIMATED CREDITORS RECOVERIES VIII. SOLICITATION AND VOTING PROCEDURES IX. CONFIRMATION OF THE PLAN A. REQUIREMENTS FOR CONFIRMATION OF THE PLAN B. BEST INTERESTS OF CREDITORS TEST C. PLAN FEASIBILITY D. SECTION 1129(A)(10): IMPAIRED ACCEPTING CLASS E. SECTION 1129(B): UNFAIR DISCRIMINATION AND THE FAIR AND EQUITABLE TEST No Unfair Discrimination Fair and Equitable Test: Cramdown X. CERTAIN U.S. FEDERAL INCOME TAX CONSEQUENCES OF THE PLAN A. INTRODUCTION B. CERTAIN U.S. FEDERAL INCOME TAX CONSEQUENCES TO THE DEBTOR C. CERTAIN U.S. FEDERAL INCOME TAX CONSEQUENCES TO CERTAIN HOLDERS OF CLAIMS AND INTERESTS Consequences to Holders of Claims and Interests Information Reporting and Backup Withholding XI. ALTERNATIVES TO CONFIRMATION AND CONSUMMATION OF THE PLAN 31 A. LIQUIDATION UNDER CHAPTER B. ALTERNATIVE PLAN OF LIQUIDATION XII. RECOMMENDATION ii

4 Case SLM Doc 41 Filed 02/26/18 Entered 02/26/18 17:37:39 Desc Main Document Page 4 of 35 EXHIBITS A. Chapter 11 Plan of Reorganization B. Liquidation Analysis C. Feasibility Analysis

5 Case SLM Doc 41 Filed 02/26/18 Entered 02/26/18 17:37:39 Desc Main Document Page 5 of 35 I. INTRODUCTION Apex Xpress, Inc. ( Apex ), as debtor and debtor in possession (the Debtor ), submits this disclosure statement (the Disclosure Statement ) pursuant to section 1125 of the Bankruptcy Code to holders of Claims against and Interests in the Debtor in connection with the solicitation of acceptances with respect to the Chapter 11 Plan of Reorganization of Apex Xpress, Inc. (the Plan ), dated February 16, A copy of the Plan is attached hereto as Exhibit A and incorporated herein by reference. All capitalized terms used but not otherwise defined in this Disclosure Statement shall have the meaning ascribed to them in the Plan. The Debtor believes that the Plan is fair and equitable, provides for a larger distribution to the Debtor s Creditors than would otherwise result from liquidation under chapter 7 of the Bankruptcy Code, and maximizes the value of the Debtor s Estate. At this time, the Debtor believes this is the best available alternative. For these reasons and the reasons described herein, the Debtor strongly recommends that you vote to accept the Plan. II. TREATMENT OF CLAIMS AND INTERESTS As set forth in the Plan, and in accordance with sections 1122 and 1123(a)(1) of the Bankruptcy Code, all Claims and Interests (other than Administrative Claims, Professional Fee Claims, and Priority Tax Claims) are classified into Classes for all purposes, including voting, Confirmation, and distributions pursuant to the Plan. A Claim or Interest is classified in a particular Class only to the extent that the Claim or Interest qualifies within the description of that Class. A Claim is also classified in a particular Class for the purpose of receiving distributions pursuant to the Plan only to the extent that such Claim is an Allowed Claim in that Class and has not been paid, released, or otherwise satisfied prior to the Effective Date. The table below summarizes the treatment of all unclassified Claims under the Plan. The treatment and the projected recoveries of unclassified Claims are described in summary form below for illustrative purposes only. Risk factors addressing the effects of the actual amount of Allowed classified Claims exceeding the Debtor s estimates, and the effect of such variation on creditor recoveries, and other risks related to Confirmation and the Effective Date of the Plan are addressed herein. To the extent that any inconsistency exists between the summary contained in this Disclosure Statement and the Plan, the terms of the Plan shall govern. The table below summarizes the classification and treatment of Claims against and Interests in the Debtor and provides the estimated recoveries for each Class under the Plan. For a complete description of Claims and Interests and their treatment, refer to the entire Plan. 1 Capitalized terms used but not defined have the same meaning given to such terms in the Plan. The summary of the Plan provided herein is qualified in its entirety by reference to the Plan. In the case of any inconsistency between this Disclosure Statement and the Plan, the Plan will govern.

6 Case SLM Doc 41 Filed 02/26/18 Entered 02/26/18 17:37:39 Desc Main Document Page 6 of 35 Class Unclassified Claim Plan Treatment Estimated Allowed Claims Estimated Range of % Recovery Under the Plan Estimated Range of % Recovery Under Chapter Other Priority Claims Unimpaired [ ] 100.0% [ ] 2 Freedom Bank New Jersey Secured Claim Impaired [ ] 100.0% [ ] 3 Other Secured Claims Unimpaired [ ] % [ ] 4 Assumed Obligations Impaired [ ] 100.0% [ ] 5 General Unsecured Claims Impaired [ ] [ ] [ ] 6 Equity Interests Impaired [ ] 0.0% [ ] In accordance with section 1123(a)(1) of the Bankruptcy Code, Administrative Claims (except for those arising from assumed obligations or contracts), and Priority Tax Claims have not been classified and thus are excluded from the Classes of Claims and Equity Interests set forth in Article III of the Plan. A. Administrative Claims Except with respect to Administrative Claims that are Professional Fee Claims, except to the extent that an Administrative Claim has already been paid during the Chapter 11 Case, and except Administrative Claims arising from assumed obligations or contracts or those in Class 4 (see below), or a Holder of an Allowed Administrative Claim and the Debtor agree to less favorable treatment, each Holder of an Allowed Administrative Claim shall be paid in full in Cash on the unpaid portion of its Allowed Administrative Claim on the latest of: (a) on or as soon as reasonably practicable after the Effective Date if such Administrative Claim is Allowed as of the Effective Date; (b) on or as soon as reasonably practicable after the date such Administrative Claim is Allowed; and (c) the date such Allowed Administrative Claim becomes due and payable, or as soon thereafter as is reasonably practicable; provided that Allowed Administrative Claims (except for those arising from assumed obligations or contracts) that arise in the ordinary course of the Debtor s business shall be paid in the ordinary course of business in accordance with the terms and subject to the conditions of any agreements governing, instruments evidencing, or other documents relating to such transactions. Notwithstanding the foregoing, no request for payment of an Administrative Claim need be filed with respect to an Administrative Claim previously Allowed by Final Order. Notwithstanding any provision of the Plan to the contrary, no Governmental Unit shall be required to file a request for the payment of 2 Liquidation Analysis to be filed in the near term

7 Case SLM Doc 41 Filed 02/26/18 Entered 02/26/18 17:37:39 Desc Main Document Page 7 of 35 an expense described in 11 U.S.C. 503(b)(1)(B) or (C) as a condition of it being allowed as an administrative expense. B. Administrative Claims Bar Date All requests for payment of an Administrative Claim (other than: Professional Fee Claims; those claims arising from assumed obligations or contracts; and Class 2 claims) that accrued on or before the Effective Date that were not accrued in the ordinary course of business must be filed with the Bankruptcy Court and served on the Debtor no later than the Administrative Claims Bar Date. Holders of Administrative Claims that are, based on the preceding sentence, required to, but do not, file and serve a request for payment of such Administrative Claims by such date shall be forever barred, estopped, and enjoined from asserting such Administrative Claims against the Debtor or its property and such Administrative Claims shall be deemed discharged as of the Effective Date. Subject to Article VII.B.2 of the Plan, the Debtor, in its sole and absolute discretion, may settle Administrative Claims in the ordinary course of business without further Bankruptcy Court approval. The Debtor may also choose to object to any Administrative Claim no later than sixty (60) days from the Administrative Claims Bar Date, subject to extensions by the Bankruptcy Court, agreement in writing of the parties, or upon the motion of a party in interest approved by the Bankruptcy Court. Unless the Debtor or the Reorganized Debtor (or other party with standing) objects to a timely filed and properly served Administrative Claim, such Administrative Claim will be deemed allowed in the amount requested. C. Professional Compensation 1. Final Fee Applications All final requests for Professional Fee Claims shall be filed no later than thirty (30) days after the Effective Date. After notice and a hearing in accordance with the procedures established by the Bankruptcy Code and prior Bankruptcy Court orders, the Allowed amounts of such Professional Fee Claims shall be determined by the Bankruptcy Court. 2. Professional Fee Claims Professional Fee Claims shall either be paid in full on the Effective Date or paid in accordance with any agreement between the respective Professional and the Debtor. D. Priority Tax Claims Except to the extent that a Holder of an Allowed Priority Tax Claim agrees to a less favorable treatment, in full and final satisfaction, compromise, settlement, release, and discharge of, and in exchange for, each Allowed Priority Tax Claim, each Holder of such Allowed Priority Tax Claim shall be treated in accordance with the terms set forth in section 1129(a)(9)(C) of the Bankruptcy Code

8 Case SLM Doc 41 Filed 02/26/18 Entered 02/26/18 17:37:39 Desc Main Document Page 8 of 35 E. United States Trustee Statutory Fees The Debtor shall timely pay all United States Trustee quarterly fees under 28 U.S.C. 1930(a)(6), plus interest due and payable under 31 U.S.C on all disbursements, including Plan payments and disbursements in and outside of the ordinary course of the Debtor s business, until the entry of a Final Order, dismissal of the Chapter 11 Case, or conversion of the Chapter 11 Case to a case under chapter 7 of the Bankruptcy Code. Following Confirmation, the Debtor shall file with the Bankruptcy Court quarterly reports in a form reasonably acceptable to the U.S. Trustee. III. IMPORTANT INFORMATION ABOUT THIS DISCLOSURE STATEMENT This Disclosure Statement provides information regarding the chapter 11 plan of reorganization that the Debtor is seeking to have confirmed by the Bankruptcy Court. The Debtor believes that confirmation of the Plan is in the best interests of all creditors and urges all Holders of Claims entitled to vote to vote in favor of the Plan. A. Defined Terms Administrative Claim means a Claim for: (a) any cost or expense of administration (including, without limitation, the Professional Fee Claims) of the Chapter 11 Case asserted or arising under sections 503, 507(a)(1), 507(b) or 1114(e)(2) of the Bankruptcy Code including, but not limited to (i) any actual and necessary post-petition Date cost or expense of preserving the Debtor s Estate or operating the Debtor, (ii) any post-petition Date cost, indebtedness or contractual obligation duly and validly incurred or assumed by the Debtor in the ordinary course of its business, (iii) compensation or reimbursement of expenses of Professionals to the extent Allowed by the Bankruptcy Court under sections 330(a) or 331 of the Bankruptcy Code, and (iv) all Allowed Claims that are entitled to be treated as Administrative Claims pursuant to a Final Order of the Bankruptcy Court under section 546 of the Bankruptcy Code; and (b) any fees or charges assessed against the Debtor s Estate under section 1930 of title 28 of the United States Code. Administrative Claims Bar Date means the Bar Date established for the filing of Administrative Claims. Affiliate shall have the meaning set forth in section 101(2) of the Bankruptcy Code. Allowed means, with reference to any Claim, (a) any Claim against the Debtor that has been listed by the Debtor in the Schedules, as such Schedules may have been amended by the Debtor from time-to-time in accordance with Bankruptcy Rule 1009, as liquidated in amount and not Disputed or contingent, and with respect to which no contrary Proof of Claim has been filed, (b) any Claim specifically allowed under the Plan, (c) any Claim the amount or existence of which has been determined or allowed by a Final Order, or (d) any Claim as to which a Proof of Claim has been timely filed before the Bar Date, provided that at the time of the Effective Date the Debtor has not identified such Claim as being objectionable in part or in whole and no Objection to the allowance thereof has been filed by the Claims Objection Deadline; provided, however, that the term Allowed, with reference to any Claim, shall not include (x) any

9 Case SLM Doc 41 Filed 02/26/18 Entered 02/26/18 17:37:39 Desc Main Document Page 9 of 35 unliquidated Claim or (y) interest or attorneys fees on or related to any Claim that accrues from and after the Petition Date unless otherwise expressly provided for in the Plan. For the avoidance of doubt, if a Creditor filed a Proof of Claim, all Claims listed by the Debtor in the Schedules for such Creditor are superseded by such Proof of Claim pursuant to Bankruptcy Rule 3003(c)(4). Allowed Claim means a Claim that is Allowed. Allowed Interest means an Interest that is Allowed. Assumed Obligations means the obligations listed on schedule III.4.B. Ballot means the form of ballot to be provided to Holders of claims in classes which are entitled to vote on the Plan, upon which such Holder shall, among other things, indicate their acceptance or rejection of the Plan in accordance with the instructions regarding voting. Bankruptcy Code means the Bankruptcy Reform Act of 1978, as codified in title 11 of the United States Code, 11 U.S.C. 101 et seq., as in effect on the Petition Date, together with all amendments and modifications thereto that subsequently may be made applicable to the Chapter 11 Case. Bankruptcy Court means the United States Bankruptcy Court for this District, or, if such court ceases to exercise jurisdiction over these proceedings, the court or adjunct thereof that exercises jurisdiction over the Chapter 11 Case. Bankruptcy Rules means: (a) the Federal Rules of Bankruptcy Procedure and the Official Bankruptcy Forms, as amended and promulgated under section 2075 of title 28 of the United States Code; (b) the Federal Rules of Civil Procedure, as amended and promulgated under section 2072 of title 28 of the United States Code; (c) any local rules applicable to the Bankruptcy Court; and (d) any standing orders governing practice and procedure issued by the Bankruptcy Court, each as in effect on the Petition Date, together with all amendments and modifications thereto that were subsequently made applicable to the Chapter 11 Case or proceedings therein, as the case may be. Bar Date means the applicable bar date or deadline by which a Proof of Claim must be, or must have been, filed, as established by an order of the Bankruptcy Court. Business Day means any day which is not a Saturday, a Sunday, a legal holiday as defined in Bankruptcy Rule 9006(a), or a day on which banking institutions in this State are authorized or obligated by law, executive order or governmental decree to be closed. Cash means money, currency and coins, negotiable checks, balances in bank accounts and other lawful currency of the United States of America and its equivalents. Cash Distribution means any Distribution involving the transfer of Cash

10 Case SLM Doc 41 Filed 02/26/18 Entered 02/26/18 17:37:39 Desc Main Document Page 10 of 35 Causes of Action means any and all actions, Claims, rights, defenses, third-party claims, damages, executions, demands, crossclaims, counterclaims, suits, choses in action, controversies, agreements, promises, rights to legal remedies, rights to equitable remedies, rights to payment and claims whatsoever, whether known, unknown, reduced to judgment, not reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, Disputed, undisputed, secured or unsecured and whether asserted or assertable directly, indirectly or derivatively, at law, in equity or otherwise, accruing to the Debtor, including, but not limited to, Causes of Action under chapter 5 of the Bankruptcy Code. Chapter 11 Case means this case under Chapter 11 of the Bankruptcy Code commenced by the Debtor in the Bankruptcy Court on the Petition Date. Claim shall have the meaning set forth in section 101(5) of the Bankruptcy Code. Claimant means a person or entity holding a Claim or Interest (including their successors, assigns, heirs, executors or personal representatives). Claims Agent means JND Corporate Restructuring, the proposed notice, claims, and solicitation agent for the Debtor in the Chapter 11 Case. Claims Objection Deadline means the latest of: (a) 90 days after the Effective Date; (b) 60 days after the date on which any Claim is filed; or (c) such other date as may be fixed by the Bankruptcy Court, whether fixed before or after the date specified in clauses (a) and (b) above. Claims Register means the claims register in this Chapter 11 Case. Class means each class, subclass or category of Claims or Interests as classified in Article II of the Plan. Collective Bargaining Agreement means any collective bargaining agreement by and between the Debtor and Truck Drivers Local Union No. 807, affiliated with the International Brotherhood of Teamsters, Chauffers, Warehousemen and Helpers of America, a/k/a Teamsters Local Union No. 807 (the Teamsters Local 807 ), including without limitation any side letter, T/A, memorandum of agreement or understanding, amendment, or arbitral award arising out of any such agreement, amendment or side letter. Confirmation means the entry by the Bankruptcy Court of the Confirmation Order. Confirmation Date means the date on which the Clerk of the Bankruptcy Court enters the Confirmation Order on the docket of the Bankruptcy Court with respect to the Chapter 11 Case. Confirmation Hearing means the hearing held before the Bankruptcy Court to consider confirmation of the Plan pursuant to sections 1128 and 1129 of the Bankruptcy Code

11 Case SLM Doc 41 Filed 02/26/18 Entered 02/26/18 17:37:39 Desc Main Document Page 11 of 35 Confirmation Order means the order entered by the Bankruptcy Court confirming the Plan pursuant to section 1129 of the Bankruptcy Code. Creditor means any Person that is the Holder of any Claim against any the Debtor. Cure Claim means any Claim arising from the assumption or assumption and assignment of any Executory Contract or Unexpired Lease in connection with which the Debtor is required to cure any existing default under such Executory Contract or Unexpired Lease in accordance with section 365(b)(1) of the Bankruptcy Code. Day(s) means, unless expressly otherwise provided, calendar day(s). Case. Debtor means Apex Xpress, Inc., debtor and debtor-in-possession in this Chapter 11 Disallowed means, with respect to any Claim or Interest or portion thereof, any Claim against or Interest in the Debtor which: (a) has been withdrawn, in whole or in part, by agreement of the Debtor and the Holder thereof; (b) has been withdrawn, in whole or in part, by the Holder thereof; or (c) has been disallowed, in whole or part, by Final Order of a court of competent jurisdiction. In each case a Disallowed Claim or a Disallowed Interest is disallowed only to the extent of disallowance or withdrawal. Disclosure Statement means the Debtor s Disclosure Statement with Respect to the Chapter 11 Plan including all exhibits, appendices, schedules and annexes, if any, attached thereto, as submitted by the Debtor, as the same may be altered, amended, supplemented or modified from time-to-time, and which was prepared and distributed in accordance with sections 1125 and 1126(b) of the Bankruptcy Code and Bankruptcy Rule Disputed Claim means a Claim, or any portion thereof, that is disputed. For purposes of the Plan, a Claim that has been neither Allowed nor Disallowed shall be considered a Disputed Claim. Distribution means any distribution of Cash or other Property made in accordance with Article VI of this Plan. Distribution Date means any date on which payments are to be distributed in accordance with the terms of this Plan, including without limitation, the First Distribution Date, Subsequent Distribution Dates, and Final Distribution Date. Distribution Record Date means [ ]. Effective Date means the first Business Day following the date on which all conditions to consummation set forth in Article IX of the Plan have been satisfied or waived (if capable of being duly and expressly waived), provided that no stay of the Confirmation Order is then in effect

12 Case SLM Doc 41 Filed 02/26/18 Entered 02/26/18 17:37:39 Desc Main Document Page 12 of 35 Entity means any individual, corporation, limited or general partnership, joint venture, association, joint stock company, limited liability company, estate, trustee, United States Trustee, unincorporated organization, government, governmental unit (as defined in the Bankruptcy Code), agency or political subdivision thereof. Estate means the estate created in the Chapter 11 Case pursuant to section 541 of the Bankruptcy Code upon commencement of the Chapter 11 Case. Executory Contract means a contract under which, as of the Petition Date, the obligations of both the Debtor and the other party to the contract are so far unperformed that the failure of either to complete performance would constitute a material breach excusing the performance of the other. Existing Equity Interests means all Interests in the Debtor in existence prior to the Effective Date. Freedom Bank means Freedom Bank, New Jersey. Final Decree means the final decree entered by the Bankruptcy Court after the Effective Date and pursuant to section 350(a) of the Bankruptcy Code and Bankruptcy Rule Final Distribution Date means the date on which the final Distribution occurs. Final Order means an order or judgment of the Bankruptcy Court, or other court of competent jurisdiction, as entered on the docket of such court, the operation or effect of which has not been stayed, reversed, vacated, modified or amended, and as to which order or judgment (or any revision, modification, or amendment thereof) of the time to appeal, petition for certiorari, or seek review or rehearing has expired and as to which no appeal, petition for certiorari, or petition for review or rehearing was filed or, if filed, remains pending; provided, however, that the possibility that a motion may be filed pursuant to Rules 9023 or 9024 of the Bankruptcy Rules or Rules 59 or 60(b) of the Federal Rules of Civil Procedure shall not mean that an order or judgment is not a Final Order. General Unsecured Claims means all Claims, including Rejection Claims, that are not Administrative Claims, Priority Tax Claims, Class 1 Claims, Class 2 Claims, Class 3 Claims, Class 4 Claims, or Class 6 Claims. Governmental Unit shall have the meaning set forth in section 101(27) of the Bankruptcy Code. Holder means an Entity holding a beneficial interest in a Claim or Interest and, when used in conjunction with a Class or type of Claim or Interest, means a holder of a beneficial interest in a Claim or Interest in such Class or of such type

13 Case SLM Doc 41 Filed 02/26/18 Entered 02/26/18 17:37:39 Desc Main Document Page 13 of 35 Impaired means, when used with reference to a Claim or Interest, a Claim or Interest that is impaired within the meaning of section 1124 of the Bankruptcy Code. Impaired Claim means a Claim that is Impaired. Insider shall have the meaning set forth in section 101(31) of the Bankruptcy Code. Interests means an equity interest in the Debtor or the right to acquire the same. Liens means, with respect to any asset or Property (or the rents, revenues, income, profits or proceeds therefrom), and in each case, whether the same is consensual or nonconsensual or arises by contract, operation of law, legal process or otherwise: (a) any and all mortgages, liens, pledges, attachments, charges, leases evidencing a capitalizable lease obligation, conditional sale or other title retention agreement, or other security interest or encumbrance or other legally cognizable security devices of any kind in respect of any asset or Property, or upon the rents, revenues, income, profits or proceeds therefrom; or (b) any arrangement, express or implied, under which any Property is transferred, sequestered or otherwise identified for the purpose of subjecting or making available the same for the payment of debt or performance of any other obligation in priority to the payment of General Unsecured Creditors. New Capital Contribution means the $100,000 paid into the Reorganized Debtor on the Effective Date by the New Money Investors in exchange for the New Equity Interests. New Equity Interests means the new common stock of the Reorganized Debtor issued Pro Rata to the New Money Investors in exchange for the New Capital Contribution New Money Investors means the investors in the Reorganized Debtor. Objection means any objection, application, motion, complaint or any other legal proceeding seeking, in whole or in part, to Disallow, determine, liquidate, classify, reclassify or establish the priority of, expunge, subordinate or estimate any Claim (including the resolution of any request for payment of any Administrative Claim) or Interest other than a Claim or an Interest that is Allowed. Other Priority Claim means any Claim against the Debtor entitled to priority pursuant to section 507(a) of the Bankruptcy Code, other than a Priority Tax Claim or an Administrative Claim. Other Secured Claim means any Secured Claim against the Debtor other than the Secured Claim of Freedom Bank. Person means and includes a natural person, individual, partnership, corporation (as defined in section 101(a) of the Bankruptcy Code), or organization including, without limitation, corporations, limited partnerships, limited liability companies, general partnerships, joint ventures, joint stock companies, trusts, land trusts, business trusts, unincorporated organizations

14 Case SLM Doc 41 Filed 02/26/18 Entered 02/26/18 17:37:39 Desc Main Document Page 14 of 35 or associations, or other organizations, irrespective of whether they are legal entities, governmental bodies (or any agency, instrumentality or political subdivision thereof), or any other form of legal entities; provided, however, Person does not include governmental units, except a governmental unit that (a) acquires an asset from a Person (i) as a result of the operation of a loan guarantee agreement or (ii) as receiver or liquidating agent of a Person; (b) is a guarantor of a pension benefit payable by or on behalf of a Debtor or an Affiliate of a Debtor of; or (c) is the legal or beneficial owner of an asset of (i) an employee pension benefit plan that is a governmental plan, as defined in section 414(d) of the Internal Revenue Code of 1986 or (ii) an eligible deferred compensation plan, as defined in section 457(b) of the Internal Revenue Code of 1986, shall be considered for purposes of section 1102 of the Bankruptcy Code to be a Person with respect to such asset or such benefit. Petition Date means the date the Debtor commenced the Chapter 11 Case, February 16, Plan means the Plan of Reorganization of Apex Xpress, Inc., including all exhibits, appendices, schedules and annexes, if any, attached thereto, as submitted by the Debtor, as such Plan may be altered, amended, supplemented or modified from time-to-time in accordance with the provisions of the Bankruptcy Code, the Bankruptcy Rules, the Confirmation Order and the terms and conditions of the Plan. Plan Documents means, collectively, the Disclosure Statement, the Plan, the Confirmation Order, and any exhibit to such documents. Post-Effective Date Professional Fees means professional fees incurred by counsel for the Reorganized Debtor for services provided to the Reorganized Debtor after the Effective Date to effectuate the provisions of the Plan. Priority Tax Claim means any and all Claims accorded priority in payment pursuant to section 507(a)(8) of the Bankruptcy Code. Professional Fee Claim means an Allowed Claim for compensation and/or reimbursement of expenses pursuant to sections 327, 328, 330, 331 or 503(b) of the Bankruptcy Code relating to services incurred on and after the Petition Date and prior to and including the Effective Date in connection with an application by the Professionals in the Chapter 11 Case made to and approved by the Bankruptcy Court. Pro Rata means the proportion that an Allowed Claim in a particular Class or a New Equity Interest Holder to all of the New Equity Interest Holders bears to the aggregate amount of Allowed Claims in the Class or aggregate amount of New Equity Interest Holders. Professionals means any professional employed in the Chapter 11 Case pursuant to sections 327 or 1103 of the Bankruptcy Code or any Professional entitled to compensation pursuant to sections 327, 328, 330, 331, 503(b)(2) or (4), or 1103 of the Bankruptcy Code, exclusive of ordinary course professionals retained in this Chapter 11 Case pursuant to the Order

15 Case SLM Doc 41 Filed 02/26/18 Entered 02/26/18 17:37:39 Desc Main Document Page 15 of 35 Authorizing Retention and Compensation of Certain Professionals Utilized in the Ordinary Course of Business entered by the Bankruptcy Court. Case. Proof of Claim means a proof of claim filed against the Debtor in the Chapter 11 Property means all assets or property of the Debtor s Estate of any nature whatsoever, real or personal, tangible or intangible, including contract rights, accounts and Causes of Action, previously or now owned by the Debtor, or acquired by the Debtor s Estate, as defined in section 541 of the Bankruptcy Code. Reinstated or Reinstatement means: (a) leaving unaltered the legal, equitable, and contractual rights to which a Claim entitles the Holder of such Claim so as to leave such Claim Unimpaired in accordance with section 1124 of the Bankruptcy Code; or (b) notwithstanding any contractual provision or applicable law that entitles the Holder of such Claim to demand or receive accelerated payment of such Claim after the occurrence of a default (i) curing any such default that occurred before or after the Petition Date, other than a default of a kind specified in section 365(b)(2) of the Bankruptcy Code; (ii) reinstating the maturity of such Claim as such maturity existed before such default; (iii) compensating the Holder of such Claim for any damages incurred as a result of any reasonable reliance by such Holder on such contractual provision or such applicable law; and (iv) not otherwise altering the legal, equitable, or contractual rights to which such Claim entitled the Holder of such Claim; provided, however, that any contractual right that does not pertain to the payment when due of principal and interest on the obligation on which such Claim is based, including, but not limited to, financial covenant ratios, negative pledge covenants, covenants or restrictions on merger or consolidation, and affirmative covenants regarding corporate existence or which prohibit certain transactions or actions contemplated by the Plan, or conditioning such transactions or action on certain factors, shall not be required to be reinstated in order to accomplish Reinstatement. Rejection Claim means any Claim arising from the rejection of an Executory Contract or Unexpired Lease in accordance with section 365 of the Bankruptcy Code. Released Party If the Effective Date occurs, Released Party means (i) the Debtor; (ii) the Reorganized Debtor; (iii) the New Money Investors; and (iv) their respective officers, directors, shareholders, principals, employees, agents, financial advisors, attorneys, accountants, investment bankers, consultants, representatives, and other Professionals, solely in their respective capacities as representatives of the Released Party. Reorganized Debtor means the Debtor on and after the Effective Date. Except as otherwise provided in the Plan, the Reorganized Debtor shall continue to exist as a separate legal entity, with all the powers of a limited liability company under the laws of the this State. and without prejudice to any right to alter or terminate such existence (whether by merger or otherwise) under applicable state law

16 Case SLM Doc 41 Filed 02/26/18 Entered 02/26/18 17:37:39 Desc Main Document Page 16 of 35 Schedules means the schedules of assets and liabilities and statement of financial affairs filed by the Debtor in the Chapter 11 Case, as required by section 521 of the Bankruptcy Code, as the same may have been or may be amended, modified or supplemented. Secured Claim means any Claim arising before the Petition Date that is: (a) secured in whole or part, as of the Petition Date, by a Lien which is valid, perfected and enforceable under applicable law on Property in which the Debtor s Estate has an interest and is not subject to avoidance under the Bankruptcy Code or applicable non-bankruptcy law; or (b) subject to setoff under section 553 of the Bankruptcy Code, but, with respect to both case (a) and (b), only to the extent of the value of the assets or Property securing any such Claim or the amount subject to setoff, as the case may be. State means the state of New Jersey. Tax means any tax, charge, fee, levy, impost or other assessment by any federal, state, local or foreign governmental authority, including, without limitation, income, excise, property, sales, transfer, employment, payroll, franchise, profits, license, use, ad valorem, estimated, severance, stamp, occupation and withholding tax, together with any interest, penalties, fines or additions attributable to, imposed on, or collected by any such federal, state, local or foreign governmental authority. Unexpired Lease means any lease of personal or real property that remained in effect as of the Petition Date. Unimpaired means any Claim that is not Impaired within the meaning of section 1124 of the Bankruptcy Code. Union means Truck Drivers Local Union No. 807, affiliated with the International Brotherhood of Teamsters, Chauffers, Warehousemen and Helpers of America, a/k/a Teamsters Local Union No United States Trustee means the United States Trustee appointed under section 581(a)(3) of title 28 of the United States Code to serve in this District. United States Trustee Fee Claims means a claim for any fees assessed against the Debtor s Estate pursuant to section 1930(a)(6) of title 28 of the United States Code. Voting Agent means the Debtor. Voting Deadline means the date and time set by the Bankruptcy Court for the submission of Ballots voting in favor of or against the Plan. Voting Record Date means the date as established in the Order approving the Disclosure Statement

17 Case SLM Doc 41 Filed 02/26/18 Entered 02/26/18 17:37:39 Desc Main Document Page 17 of 35 B. Details About this Disclosure Statement The confirmation and effectiveness of the Plan are subject to certain material conditions precedent described herein. There is no assurance that the Plan will be confirmed, or if confirmed, that the conditions required to be satisfied will be satisfied (or waived). You are encouraged to read this Disclosure Statement in its entirety, including the Plan and the section of this Disclosure Statement entitled Risk Factors, before submitting your ballot to vote on the Plan. The Bankruptcy Court s approval of this Disclosure Statement is not a guarantee by the Bankruptcy Court of the accuracy or completeness of the information contained herein or an endorsement by the Bankruptcy Court of the merits of the Plan. In the event of any inconsistency between the Disclosure Statement and the Plan, the relevant provision of the Plan, as it relates to such inconsistency, shall govern. Summaries of the Plan and statements made in this Disclosure Statement are qualified in their entirety by reference to the Plan, this Disclosure Statement and any Plan Supplement document. Summaries of the financial information and the documents annexed to this Disclosure Statement or otherwise incorporated herein by reference, are also qualified in their entirety by reference to those documents. The statements and financial information contained in this Disclosure Statement are made only as of the date of this Disclosure Statement and there is no assurance that the statements contained herein will be correct at any time after such date. Except as otherwise provided in the Plan or in accordance with applicable law, the Debtor is under no duty to update or supplement this Disclosure Statement. The information contained in this Disclosure Statement is included for purposes of soliciting acceptances to, and confirmation of, the Plan and may not be relied on for any other purpose. This Disclosure Statement has not been approved or disapproved by the U.S. Securities & Exchange Commission ( SEC ) or any similar federal, state, local or foreign regulatory agency, nor has the SEC or any other such agency passed upon the accuracy or adequacy of the statements contained in this Disclosure Statement. The Debtor has sought to ensure the accuracy of the financial information provided in this Disclosure Statement, but the financial information contained in, or incorporated by reference into, this Disclosure Statement has not been, and will not be, audited or reviewed by any independent auditors unless explicitly provided otherwise. This Disclosure Statement contains certain forward-looking statements prepared by the Debtor, all of which are based on various estimates and assumptions. Such forward-looking statements are subject to inherent uncertainties and to a wide variety of significant business, economic, and competitive risks, including, among others, those summarized herein. See Article X Risk Factors. When used in this Disclosure Statement, the words anticipate, believe, estimate, will, may, intend, expect, and similar expressions generally identify

18 Case SLM Doc 41 Filed 02/26/18 Entered 02/26/18 17:37:39 Desc Main Document Page 18 of 35 forward-looking statements. Although the Debtor believes that the plans, intentions, and expectations reflected in the forward-looking statements are reasonable, it cannot be sure that they will be achieved. These statements are only predictions and are not guarantees of future performance or results. Forward-looking statements are subject to risks and uncertainties that could cause actual results to differ materially from those contemplated by a forward-looking statement. All forward-looking statements attributable to the Debtor or persons acting on its behalf are expressly qualified in their entirety by the cautionary statements set forth in this Disclosure Statement. Forward-looking statements speak only as of the date on which they are made. Except as required by law, the Debtor expressly disclaims any obligation to update any forward-looking statement, whether as a result of new information, future events, or otherwise. As to contested matters, adversary proceedings and other actions or threatened actions, this Disclosure Statement shall not constitute or be construed as an admission of any fact or liability, stipulation or waiver, but rather as a statement made in settlement negotiations pursuant to Rule 408 of the Federal Rules of Evidence and other applicable evidentiary rules. This Disclosure Statement shall not be admissible in any non-bankruptcy proceeding involving the Debtor or any other party, nor shall it be construed to be conclusive advice on the tax, securities or other legal effects of the Plan as to Holders of Claims against or Interests in the Debtor in the Chapter 11 Case. To ensure compliance with Treasury Department Circular 230, each Holder is hereby notified that (a) any discussion of U.S. federal tax issues in this Disclosure Statement is not intended or written to be relied upon, and cannot be relied upon, by any Holder for the purpose of avoiding penalties that may be imposed on a Holder under the U.S. Tax Code, (b) such discussion is included hereby by the Debtor in connection with the promotion or marketing (within the meaning of Circular 230) by the Debtor of the transactions or matters addressed herein and (c) each Holder should seek advice based on its particular circumstances from an independent tax advisor. IV. QUESTIONS AND ANSWERS ABOUT THIS DISCLOSURE STATEMENT A. What is chapter 11? Chapter 11 is the principal business reorganization chapter of the Bankruptcy Code. Chapter 11 promotes equality of treatment for creditors and similarly situated equity interest holders, subject to the priority of distributions prescribed by the Bankruptcy Code. The commencement of a chapter 11 case creates an estate that comprises all of the legal and equitable interests of the debtor as of the date the chapter 11 case is commenced. The Bankruptcy Code provides that a debtor may continue to operate its business and remain in possession of its property as a debtor in possession while it proceeds to reorganize its financial and business affairs. Consummating a plan is the ultimate objective of a chapter 11 case. A bankruptcy court s confirmation of a plan binds the debtor, any person acquiring property under the plan, any creditor or equity interest holder of the debtor and any other entity as may be ordered by the

19 Case SLM Doc 41 Filed 02/26/18 Entered 02/26/18 17:37:39 Desc Main Document Page 19 of 35 bankruptcy court. Subject to certain limited exceptions, the order issued by a bankruptcy court confirming a plan provides for the treatment of a debtor s liabilities in accordance with the terms of the confirmed plan. B. Why am I receiving this Disclosure Statement? The Debtor is seeking to obtain Bankruptcy Court approval of the Plan. Before soliciting acceptances of the Plan, section 1125 of the Bankruptcy Code requires the plan proponents to prepare a disclosure statement containing adequate information of a kind, and in sufficient detail, to enable a hypothetical reasonable investor to make an informed judgment regarding whether to vote to accept the Plan. This Disclosure Statement is being submitted in accordance with such requirements. C. What is a Plan? A chapter 11 plan is the roadmap that governs the final resolution of a chapter 11 case. The plan will provide for the distribution of assets to creditors in satisfaction of their claims and binds the debtor, any person acquiring property under the plan, any creditor or equity interest holder of a debtor and any other person or entity as may be ordered by the bankruptcy court in accordance with the applicable provisions of the Bankruptcy Code. D. What is the effect of the Plan on the Debtor s business postpetition? The Debtor is reorganizing pursuant to chapter 11. During the course of the Chapter 11 Case, the Debtor is continuing to operate and paying its post-bankruptcy obligations in the ordinary course of business. A portion of the revenue from the Reorganized Debtor s operations will be distributed to Entities holding Allowed Claims against the Debtor in accordance with the Plan. E. Am I entitled to vote on the Plan? What will I receive if the Plan is consummated? Your ability to vote on, and your distribution under, the Plan, if any, depends on what type of Claim you hold. A summary of the classes of Claims (each category of Holders of Claims or Interests, as set forth in Article III of the Plan pursuant to section 1122(a) of the Bankruptcy Code, is referred to as a Class ) and their respective voting statuses are set forth below. The following chart is a summary of the classification and treatment of Claims and Interests under the Plan. Your ability to receive distributions under the Plan depends upon the ability of the Debtor to obtain confirmation of the Plan and meet the conditions to consummate the Plan

20 Case SLM Doc 41 Filed 02/26/18 Entered 02/26/18 17:37:39 Desc Main Document Page 20 of 35 Class Claim Status Voting Rights 1 Other Priority Claims Unimpaired Deemed to Accept, Not Entitled to Vote 2 Freedom Bank New Impaired Entitled to Vote Jersey Secured Claim 3 Other Secured Claims Unimpaired Deemed to Accept, Not Entitled to Vote 4 Assumed Obligations Impaired Entitled to Vote 5 General Unsecured Impaired Entitled to Vote Claims 6 Equity Interests Impaired Not Entitled to Vote F. What is my estimated recovery under the Plan? As of the date hereof, the Debtor expects that Holders of Claims in Classes 1, 2, 3, and 4 will be fully satisfied pursuant to the terms of the Plan, while Holders of Claims and Interests in Class 6 will receive no recovery under the Plan. The Debtor currently estimates that Holders of Allowed General Unsecured Claims in Class 5 will receive recoveries of approximately [ ]% of the amount of their Claims. However, as described in the Risk Factors below, the amount of creditor recoveries are not certain and may be materially higher or lower than described in this Disclosure Statement. G. What happens to my recovery if the Plan is not confirmed, or does not go effective? In the event that the Plan is not confirmed or does not go effective, substantial delays in distributions to creditors could occur. It is possible that any alternative may provide Holders of Claims with less of a recovery on their Claims than they would have received pursuant to the Plan. H. If the Plan provides that I get a distribution, do I get it upon Confirmation or when the Plan goes effective, and what do you mean when you refer to Confirmation, Effective Date and Consummation? Confirmation of the Plan refers to approval of the Plan by the Bankruptcy Court. Confirmation of the Plan does not guarantee that you will receive the distribution indicated under the Plan. After Confirmation of the Plan by the Bankruptcy Court, there are conditions that need to be satisfied or waived so that the Plan can be consummated and go effective. The date on which such conditions are satisfied or waived is referred to as the Effective Date. See Article IX of the Plan, Conditions Precedent to Confirmation and Consummation of the Plan, for a discussion of the conditions to consummation of the Plan. Distributions will only be made after

Case Document 3084 Filed in TXSB on 05/12/14 Page 1 of 37 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Case Document 3084 Filed in TXSB on 05/12/14 Page 1 of 37 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Case 12-36187 Document 3084 Filed in TXSB on 05/12/14 Page 1 of 37 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: ATP Oil & Gas Corporation, Debtor. Chapter 11 Case No.:

More information

Case cec Doc 326 Filed 10/30/14 Entered 10/31/14 10:01:10

Case cec Doc 326 Filed 10/30/14 Entered 10/31/14 10:01:10 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK In re: SUFFOLK REGIONAL OFF-TRACK BETTING CORPORATION, Chapter 9 Case No. 12-43503-CEC Debtor. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND (Baltimore Division)

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND (Baltimore Division) Entered: July 14, 2008 Case 07-21814 Doc 840 Filed 07/14/08 Page 1 of 28 Signed: July 11, 2008 SO ORDERED IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND (Baltimore Division) In re:

More information

Case Doc 1443 Filed 06/08/17 Entered 06/08/17 13:49:03 Main Document Pg 1 of 91

Case Doc 1443 Filed 06/08/17 Entered 06/08/17 13:49:03 Main Document Pg 1 of 91 Case 16-41161 Doc 1443 Filed 06/08/17 Entered 06/08/17 13:49:03 Main Document Pg 1 of 91 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION In re: ABENGOA BIOENERGY US HOLDING,

More information

UNITED STATES BANKRUPTCY COURT DISTRICT OF RHODE ISLAND

UNITED STATES BANKRUPTCY COURT DISTRICT OF RHODE ISLAND UNITED STATES BANKRUPTCY COURT DISTRICT OF RHODE ISLAND In re: CITY OF CENTRAL FALLS, RHODE ISLAND Debtor Case No. 11-13105 Chapter 9 FOURTH AMENDED PLAN FOR THE ADJUSTMENT OF DEBTS OF THE CITY OF CENTRAL

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION ) ) ) ) ) )

IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION ) ) ) ) ) ) IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION IN RE: AMERICAN HISTORIC RACING MOTORCYCLE ASSOCIATION, LTD., Debtor. BK No. 06-06626-MH3-11 ORDER CONFIRMING

More information

Case Document 763 Filed in TXSB on 11/06/18 Page 1 of 18

Case Document 763 Filed in TXSB on 11/06/18 Page 1 of 18 Case 18-30197 Document 763 Filed in TXSB on 11/06/18 Page 1 of 18 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: Chapter 11 LOCKWOOD HOLDINGS, INC., et

More information

Case CSS Doc 765 Filed 10/04/16 Page 1 of 67 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Case CSS Doc 765 Filed 10/04/16 Page 1 of 67 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE Case 15-12465-CSS Doc 765 Filed 10/04/16 Page 1 of 67 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: ARCTIC SENTINEL, INC. [f/k/a Fuhu, Inc.], et al., 1 Debtors. Chapter 11 Case

More information

Case KJC Doc 423 Filed 08/27/18 Page 1 of 51 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Case KJC Doc 423 Filed 08/27/18 Page 1 of 51 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE Case 17-12913-KJC Doc 423 Filed 08/27/18 Page 1 of 51 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: ) Chapter 11 ) Dex Liquidating Co. (f/k/a Dextera ) Surgical Inc.), 1 ) Case

More information

Case: MER Doc#:1679 Filed:07/14/10 Entered:07/14/10 17:12:43 Page1 of 19 UNITED STATES BANKRUPTCY COURT DISTRICT OF COLORADO.

Case: MER Doc#:1679 Filed:07/14/10 Entered:07/14/10 17:12:43 Page1 of 19 UNITED STATES BANKRUPTCY COURT DISTRICT OF COLORADO. Case:08-23125-MER Doc#:1679 Filed:07/14/10 Entered:07/14/10 17:12:43 Page1 of 19 UNITED STATES BANKRUPTCY COURT DISTRICT OF COLORADO In re MERCURY COMPANIES, INC. Debtor. Bankruptcy Case No. 08-23125 Chapter

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ---------------------------------------------------------------x : In re : Chapter 11 : INTERNATIONAL ALUMINUM : Case No. 10- ( ) CORPORATION,

More information

Case Document 19 Filed in TXSB on 04/14/16 Page 1 of 42

Case Document 19 Filed in TXSB on 04/14/16 Page 1 of 42 Case 16-31959 Document 19 Filed in TXSB on 04/14/16 Page 1 of 42 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ----------------------------------------------------------------

More information

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In Re: OAKLAND PHYSICIANS MEDICAL Case No. 15-51011-wsd CENTER, L.L.C. d/b/a DOCTORS Chapter 11 HOSPITAL OF MICHIGAN, a Michigan

More information

Case: jtg Doc #:596 Filed: 09/08/17 Page 1 of 18 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN.

Case: jtg Doc #:596 Filed: 09/08/17 Page 1 of 18 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN. Case:17-00612-jtg Doc #:596 Filed: 09/08/17 Page 1 of 18 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN In re: MICHIGAN SPORTING GOODS DISTRIBUTORS, INC., Debtor. Chapter 11 Bankruptcy

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION Document Page 1 of 131 IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION In re: XINERGY LTD., et al., Debtors. 1 Chapter 11 Case No. 15-70444 (PMB) (Jointly Administered)

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE NOTICE OF FILING OF BLACKLINE PLAN

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE NOTICE OF FILING OF BLACKLINE PLAN IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ---------------------------------------------------------------x : In re : Chapter 11 : ADVANTA CORP., et al., : Case No. 09-13931 (KJC)

More information

rdd Doc 1001 Filed 09/11/14 Entered 09/11/14 14:52:49 Main Document Pg 1 of 54

rdd Doc 1001 Filed 09/11/14 Entered 09/11/14 14:52:49 Main Document Pg 1 of 54 14-22503-rdd Doc 1001 Filed 09/11/14 Entered 09/11/14 145249 Main Document Pg 1 of 54 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------

More information

Case Doc 227 Filed 02/26/18 Page 1 of 18. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division

Case Doc 227 Filed 02/26/18 Page 1 of 18. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division Case 18-10334 Doc 227 Filed 02/26/18 Page 1 of 18 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division In re: THE CONDOMINIUM ASSOCIATION OF THE LYNNHILL CONDOMINIUM, Debtor.

More information

rbk Doc#57 Filed 10/25/16 Entered 10/25/16 00:04:43 Main Document Pg 1 of 20

rbk Doc#57 Filed 10/25/16 Entered 10/25/16 00:04:43 Main Document Pg 1 of 20 16-51419-rbk Doc#57 Filed 10/25/16 Entered 10/25/16 00:04:43 Main Document Pg 1 of IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION IN RE : COWBOYS FAR WEST,

More information

UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA DURHAM DIVISION PLAN OF LIQUIDATION

UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA DURHAM DIVISION PLAN OF LIQUIDATION UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA DURHAM DIVISION IN RE: WOODLAKE PARTNERS, LLC, DEBTOR CASE NO. 14 81035 CHAPTER 11 PLAN OF LIQUIDATION Woodlake Partners, LLC (the

More information

Case Doc 5 Filed 03/04/18 Page 1 of 175 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Case Doc 5 Filed 03/04/18 Page 1 of 175 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE Case 18-10467 Doc 5 Filed 03/04/18 Page 1 of 175 SOLICITATION VERSION IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: HCR MANORCARE, INC., 1 Chapter 11 Case No. 18- ( ) Debtor.

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN RE: VIKING OFFSHORE (USA) INC., VIKING PRODUCER INC., VIKING PROSPECTOR INC., VIKING CENTURY INC. and VIKING DRILLING ASA IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON

More information

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) This document was signed electronically on December 19, 2016, which may be different from its entry on the record. IT IS SO ORDERED. Dated: December 19, 2016 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT

More information

PLAN OF LIQUIDATION OF MORTGAGE LENDERS NETWORK USA, INC. UNDER CHAPTER 11 OF THE BANKRUPTCY CODE

PLAN OF LIQUIDATION OF MORTGAGE LENDERS NETWORK USA, INC. UNDER CHAPTER 11 OF THE BANKRUPTCY CODE IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: ) Chapter 1 1 ) MORTGAGE LENDERS ) NETWORK USA, INC., i ) Case No. 07-10146 (PJW) Debtor. ) ) ) PLAN OF LIQUIDATION OF MORTGAGE

More information

Chapter 11: Reorganization

Chapter 11: Reorganization Chapter 11: Reorganization This chapter has numerous sections relevant to reorganizations, including railroad reorganizations. Committees, trustees and examiners, conversion and dismissal, collective bargaining

More information

Case Doc 760 Filed 05/05/16 Entered 05/05/16 22:45:39 Main Document Pg 1 of 79. Chapter 11

Case Doc 760 Filed 05/05/16 Entered 05/05/16 22:45:39 Main Document Pg 1 of 79. Chapter 11 Pg 1 of 79 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION In re: Chapter 11 ARCH COAL, INC., et al., Case No. 16-40120-705 Debtors. 1 (Jointly Administered) DAVIS POLK & WARDWELL

More information

Case KJC Doc 317 Filed 08/29/16 Page 1 of 8 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Case KJC Doc 317 Filed 08/29/16 Page 1 of 8 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE Case 16-10284-KJC Doc 317 Filed 08/29/16 Page 1 of 8 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: WAVE SYSTEMS CORP., Case No. 16-10284 (KJC) Debtor. Chapter 11 NOTICE OF (I)

More information

Case ast Doc 631 Filed 08/23/17 Entered 08/24/17 14:27:44. (Jointly Administered)

Case ast Doc 631 Filed 08/23/17 Entered 08/24/17 14:27:44. (Jointly Administered) UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------------------x In re Chapter 11 LONG BEACH MEDICAL CENTER, et al., Debtors. -----------------------------------------------------------x

More information

Signed July 27, 2018 United States Bankruptcy Judge

Signed July 27, 2018 United States Bankruptcy Judge Case 17-44642-mxm11 Doc 937 Filed 07/27/18 Entered 07/27/18 10:08:48 Page 1 of 16 The following constitutes the ruling of the court and has the force and effect therein described. Signed July 27, 2018

More information

CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTREAL. SUPERIOR COURT (Commercial Division)

CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTREAL. SUPERIOR COURT (Commercial Division) CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTREAL No. : 500-11-053313-173 SUPERIOR COURT (Commercial Division) IN THE MATTER OF THE COMPANIES CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C-36, AS AMENDED: JAVA-U

More information

Case 8:17-bk SC Doc 492 Filed 05/31/18 Entered 05/31/18 16:35:51 Desc Main Document Page 1 of 40

Case 8:17-bk SC Doc 492 Filed 05/31/18 Entered 05/31/18 16:35:51 Desc Main Document Page 1 of 40 Main Document Page of 0 0 SMILEY WANG-EKVALL, LLP Lei Lei Wang Ekvall, State Bar No. 0 lekvall@swelawfirm.com Kyra E. Andrassy, State Bar No. 0 kandrassy@swelawfirm.com Robert S. Marticello, State Bar

More information

Case VFP Doc 543 Filed 03/10/16 Entered 03/10/16 18:15:46 Desc Main Document Page 1 of 13

Case VFP Doc 543 Filed 03/10/16 Entered 03/10/16 18:15:46 Desc Main Document Page 1 of 13 Document Page 1 of 13 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR 9004-1 LOWENSTEIN SANDLER LLP Kenneth A. Rosen, Esq. Gerald C. Bender, Esq. Michael Savetsky,

More information

Case BLS Doc 4 Filed 05/13/14 Page 1 of 25 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE : : : : : : : :

Case BLS Doc 4 Filed 05/13/14 Page 1 of 25 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE : : : : : : : : Case 14-11216-BLS Doc 4 Filed 05/13/14 Page 1 of 25 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE In re Refco Public Commodity Pool, L.P. f/k/a S&P Managed Futures Index Fund, LP, 1 Debtor. : : :

More information

ENTERED TAWANA C. MARSHALL, CLERK THE DATE OF ENTRY IS ON THE COURT'S DOCKET

ENTERED TAWANA C. MARSHALL, CLERK THE DATE OF ENTRY IS ON THE COURT'S DOCKET Case 14-32821-sgj11 Doc 800 Filed 03/06/15 Entered 03/06/15 13:57:20 Page 1 of 157 U.S. BANKRUPTCY COURT NORTHERN DISTRICT OF TEXAS ENTERED TAWANA C. MARSHALL, CLERK THE DATE OF ENTRY IS ON THE COURT'S

More information

scc Doc 591 Filed 07/26/17 Entered 07/26/17 14:35:45 Main Document Pg 1 of 222

scc Doc 591 Filed 07/26/17 Entered 07/26/17 14:35:45 Main Document Pg 1 of 222 Pg 1 of 222 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ) In re: ) Chapter 11 ) BCBG MAX AZRIA GLOBAL HOLDINGS, ) Case No. 17-10466 (SCC) LLC, et al., 1 ) ) Debtors. ) (Jointly Administered)

More information

Case BLS Doc 560 Filed 11/21/16 Page 1 of 47 Solicitation Version IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Case BLS Doc 560 Filed 11/21/16 Page 1 of 47 Solicitation Version IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE Case 16-11242-BLS Doc 560 Filed 11/21/16 Page 1 of 47 Solicitation Version IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: PHOENIX BRANDS LLC, et al., 1 Debtors. ) ) ) ) ) ) )

More information

Case Doc 13 Filed 10/10/18 Page 1 of 45

Case Doc 13 Filed 10/10/18 Page 1 of 45 Case 18-12309 Doc 13 Filed 10/10/18 Page 1 of 45 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE --------------------------------------------------------------- In re: ONE AVIATION CORPORATION,

More information

DEBTORS JOINT PLAN OF REORGANIZATION UNDER CHAPTER 11 OF THE BANKRUPTCY CODE

DEBTORS JOINT PLAN OF REORGANIZATION UNDER CHAPTER 11 OF THE BANKRUPTCY CODE TOGUT, SEGAL & SEGAL LLP One Penn Plaza Suite 3335 New York, New York 10119 (212) 594-5000 Albert Togut Frank A. Oswald Brian F. Moore Lara R. Sheikh Proposed Counsel to the Debtors and Debtors in Possession

More information

Case rfn11 Doc 298 Filed 07/01/16 Entered 07/01/16 17:18:06 Page 1 of 50

Case rfn11 Doc 298 Filed 07/01/16 Entered 07/01/16 17:18:06 Page 1 of 50 Case 16-40273-rfn11 Doc 298 Filed 07/01/16 Entered 07/01/16 17:18:06 Page 1 of 50 IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION In re: Chapter 11 FOREST PARK

More information

EXECUTION VERSION PLAN SUPPORT AGREEMENT

EXECUTION VERSION PLAN SUPPORT AGREEMENT EXECUTION VERSION PLAN SUPPORT AGREEMENT This PLAN SUPPORT AGREEMENT (as amended, supplemented, or otherwise modified from time to time, this Agreement ) is made and entered into as of February 1, 2014,

More information

mew Doc 354 Filed 08/19/16 Entered 08/19/16 10:23:03 Main Document Pg 1 of 15

mew Doc 354 Filed 08/19/16 Entered 08/19/16 10:23:03 Main Document Pg 1 of 15 Pg 1 of 15 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x In re: HHH Choices Health Plan, LLC, et al., 1 Debtors. - -

More information

Case LSS Doc 166 Filed 07/31/17 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE : : : : : : : Chapter 11

Case LSS Doc 166 Filed 07/31/17 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE : : : : : : : Chapter 11 Case 17-11249-LSS Doc 166 Filed 07/31/17 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re FIRSTRAIN, INC., Debtor. 1 Chapter 11 Case No. 17-11249 (LSS) Re Dkt Nos. 12,

More information

Case Doc 13 Filed 01/30/18 Page SOLICITATION 1 of 49 VERSION

Case Doc 13 Filed 01/30/18 Page SOLICITATION 1 of 49 VERSION Case 18-10175 Doc 13 Filed 01/30/18 Page SOLICITATION 1 of 49 VERSION IMPORTANT: NO CHAPTER 11 CASE HAS BEEN COMMENCED AT THIS TIME. THE SOLICITATION MATERIALS ACCOMPANYING THIS PLAN OF REORGANIZATION

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION DISCLOSURE STATEMENT 1 FOR JOINT CHAPTER 11 ROOSTER PLAN OF ROOSTER ENERGY, L.L.C., ROOSTER PETROLEUM, LLC,

More information

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 1 Entered on Docket December 11, 2015 EDWARD J. EMMONS, CLERK U.S. BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA 2 3 Signed and Filed: December 11, 2015 4 5 6 7 HANNAH L. BLUMENSTIEL U.S. Bankruptcy

More information

Signed November 1, 2016 United States Bankruptcy Judge

Signed November 1, 2016 United States Bankruptcy Judge Case 15-40289-rfn11 Doc 3439 Filed 11/01/16 Entered 11/01/16 10:39:45 Page 1 of 50 The following constitutes the ruling of the court and has the force and effect therein described. Signed November 1, 2016

More information

LOCAL BANKRUPTCY RULE NOTICES OF CLAIMS BAR DATES IN CHAPTER 11 CASES

LOCAL BANKRUPTCY RULE NOTICES OF CLAIMS BAR DATES IN CHAPTER 11 CASES LBR 3001-1 LOCAL BANKRUPTCY RULE 3001-1 NOTICES OF CLAIMS BAR DATES IN CHAPTER 11 CASES In all chapter 11 cases where the court orders a bar date for the filing of claims, the debtor in possession or the

More information

Case 8:16-bk MGW Doc 838 Filed 01/18/18 Page 1 of 62

Case 8:16-bk MGW Doc 838 Filed 01/18/18 Page 1 of 62 Case 8:16-bk-08167-MGW Doc 838 Filed 01/18/18 Page 1 of 62 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION www.flmb.uscourts.gov In re: Chapter 11 WESTPORT HOLDINGS TAMPA, LIMITED

More information

IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION DEBTORS FIRST AMENDED JOINT CHAPTER 11 PLAN

IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION DEBTORS FIRST AMENDED JOINT CHAPTER 11 PLAN SOLICITATION VERSION IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ) In re: ) Chapter 11 ) ARMSTRONG ENERGY, INC., et al., ) Case No. 17-47541-659 ) Debtors. ) Jointly

More information

hcm Doc#493-1 Filed 12/04/15 Entered 12/04/15 19:09:43 Exhibit A Pg 1 of 46

hcm Doc#493-1 Filed 12/04/15 Entered 12/04/15 19:09:43 Exhibit A Pg 1 of 46 15-30784-hcm Doc#493-1 Filed 12/04/15 Entered 12/04/15 19:09:43 Exhibit A Pg 1 of 46 IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF TEXAS EL PASO DIVISION IN RE: EL PASO CHILDREN S HOSPITAL

More information

$201,450,000 CONTRA COSTA TRANSPORTATION AUTHORITY SALES TAX REVENUE BONDS (LIMITED TAX REFUNDING BONDS) SERIES 2012A BOND PURCHASE AGREEMENT

$201,450,000 CONTRA COSTA TRANSPORTATION AUTHORITY SALES TAX REVENUE BONDS (LIMITED TAX REFUNDING BONDS) SERIES 2012A BOND PURCHASE AGREEMENT /Execution Version/ $201,450,000 CONTRA COSTA TRANSPORTATION AUTHORITY SALES TAX REVENUE BONDS (LIMITED TAX REFUNDING BONDS) SERIES 2012A BOND PURCHASE AGREEMENT Contra Costa Transportation Authority 2999

More information

BENEFICIAL HOLDER BALLOT FOR ACCEPTING OR REJECTING THE DEBTORS JOINT CHAPTER 11 PLAN OF REORGANIZATION CLASS 4 ADDITIONAL NOTES CLAIMS

BENEFICIAL HOLDER BALLOT FOR ACCEPTING OR REJECTING THE DEBTORS JOINT CHAPTER 11 PLAN OF REORGANIZATION CLASS 4 ADDITIONAL NOTES CLAIMS Global A&T Electronics Ltd., et al. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ) Chapter 11 In re: ) GLOBAL A&T ELECTRONICS LTD., et al., 1 ) ) ) Debtors. ) ) ) IMPORTANT: No chapter

More information

11 USCS (a) Notwithstanding any otherwise applicable nonbankruptcy law, a plan shall--

11 USCS (a) Notwithstanding any otherwise applicable nonbankruptcy law, a plan shall-- 11 USCS 1123 1123. Contents of plan (a) Notwithstanding any otherwise applicable nonbankruptcy law, a plan shall-- (1) designate, subject to section 1122 of this title [11 USCS 1122], classes of claims,

More information

Case hdh11 Doc 434 Filed 01/17/17 Entered 01/17/17 20:15:16 Page 1 of 52

Case hdh11 Doc 434 Filed 01/17/17 Entered 01/17/17 20:15:16 Page 1 of 52 Case 16-33437-hdh11 Doc 434 Filed 01/17/17 Entered 01/17/17 20:15:16 Page 1 of 52 IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION In re: Chapter 11 TPP ACQUISITION,

More information

Case Doc 1122 Filed 05/16/13 Entered 05/16/13 16:15:28 Desc Main Document Page 1 of 38

Case Doc 1122 Filed 05/16/13 Entered 05/16/13 16:15:28 Desc Main Document Page 1 of 38 Document Page 1 of 38 UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS (Eastern Division) In re: TRANS NATIONAL COMMUNICATIONS INTERNATIONAL, INC., Chapter 11 Case No. 11-19595-WCH Debtor. JOINT

More information

Case KJC Doc 441 Filed 09/11/18 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) )

Case KJC Doc 441 Filed 09/11/18 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) Case 17-12913-KJC Doc 441 Filed 09/11/18 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Dex Liquidating Co. (f/k/a Dextera Surgical Inc.), 1 Debtor. ) ) ) ) ) ) )

More information

Case Doc 162 Filed 02/12/18 Page 1 of 19. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division

Case Doc 162 Filed 02/12/18 Page 1 of 19. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division Case 18-10334 Doc 162 Filed 02/12/18 Page 1 of 19 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division In re: THE CONDOMINIUM ASSOCIATION OF THE LYNNHILL CONDOMINIUM, Debtor.

More information

Case CSS Doc 84 Filed 04/20/18 Page 1 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE. Chapter 11

Case CSS Doc 84 Filed 04/20/18 Page 1 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE. Chapter 11 Case 18-10679-CSS Doc 84 Filed 04/20/18 Page 1 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re CANDI CONTROLS, INC., 1 Debtor. Chapter 11 Case No. 18-10679 (CSS) Re: D.I.

More information

shl Doc 1262 Filed 06/17/13 Entered 06/17/13 11:46:29 Main Document Pg 1 of 147 : : :

shl Doc 1262 Filed 06/17/13 Entered 06/17/13 11:46:29 Main Document Pg 1 of 147 : : : Pg 1 of 147 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x : IN RE: : : ARCAPITA BANK B.S.C.(c), et al., : Debtors. : : :

More information

Signed June 24, 2017 United States Bankruptcy Judge

Signed June 24, 2017 United States Bankruptcy Judge The following constitutes the ruling of the court and has the force and effect therein described. Signed June 24, 2017 United States Bankruptcy Judge IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN

More information

Case BLS Doc 314 Filed 03/26/18 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE : :

Case BLS Doc 314 Filed 03/26/18 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE : : Case 17-12377-BLS Doc 314 Filed 03/26/18 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ---------------------------------------------------------------x : In re: : : ExGen

More information

PLAN OF ARRANGEMENT MADE PURSUANT TO SECTION 288 OF THE BUSINESS CORPORATIONS ACT (BRITISH COLUMBIA) Article 1 Definitions and Interpretation

PLAN OF ARRANGEMENT MADE PURSUANT TO SECTION 288 OF THE BUSINESS CORPORATIONS ACT (BRITISH COLUMBIA) Article 1 Definitions and Interpretation PLAN OF ARRANGEMENT MADE PURSUANT TO SECTION 288 OF THE BUSINESS CORPORATIONS ACT (BRITISH COLUMBIA) 1.1 Definitions Article 1 Definitions and Interpretation In this Plan of Arrangement, unless otherwise

More information

AMERICAN EXPRESS ISSUANCE TRUST

AMERICAN EXPRESS ISSUANCE TRUST AMERICAN EXPRESS ISSUANCE TRUST RECEIVABLES PURCHASE AGREEMENT between AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC. and AMERICAN EXPRESS RECEIVABLES FINANCING CORPORATION V LLC Dated as of May

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. Debtors. (Jointly Administered)

IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. Debtors. (Jointly Administered) IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: Chapter 11 MEMORIAL PRODUCTION Case No. 17-30262 PARTNERS LP, et al., Debtors. (Jointly Administered) BENEFICIAL

More information

ONTARIO SUPERIOR COURT OF JUSTICE (IN BANKRUPTCY AND INSOLVENCY) IN THE MATTER OF THE PROPOSAL OF COGENT FIBRE INC.

ONTARIO SUPERIOR COURT OF JUSTICE (IN BANKRUPTCY AND INSOLVENCY) IN THE MATTER OF THE PROPOSAL OF COGENT FIBRE INC. Court File No. 31-2016058 ONTARIO SUPERIOR COURT OF JUSTICE (IN BANKRUPTCY AND INSOLVENCY) IN THE MATTER OF THE PROPOSAL OF COGENT FIBRE INC. AMENDED PROPOSAL Cogent Fibre Inc. ( CFI ), hereby submits

More information

CONTRIBUTION, CONVEYANCE AND ASSUMPTION AGREEMENT. by and among PHILLIPS 66 COMPANY PHILLIPS 66 GULF COAST PIPELINE LLC

CONTRIBUTION, CONVEYANCE AND ASSUMPTION AGREEMENT. by and among PHILLIPS 66 COMPANY PHILLIPS 66 GULF COAST PIPELINE LLC Exhibit 10.7 CONTRIBUTION, CONVEYANCE AND ASSUMPTION AGREEMENT by and among PHILLIPS 66 COMPANY PHILLIPS 66 GULF COAST PIPELINE LLC PHILLIPS 66 PROJECT DEVELOPMENT INC. PHILLIPS 66 PARTNERS GP LLC and

More information

Case Document 463 Filed in TXSB on 02/21/18 Page 1 of 53

Case Document 463 Filed in TXSB on 02/21/18 Page 1 of 53 Case 17-36709 Document 463 Filed in TXSB on 02/21/18 Page 1 of 53 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ) In re: ) Chapter 11 ) COBALT INTERNATIONAL

More information

AMENDED AND RESTATED LIQUIDITY AGREEMENT. between TEXAS PUBLIC FINANCE AUTHORITY. and TEXAS COMPTROLLER OF PUBLIC ACCOUNTS

AMENDED AND RESTATED LIQUIDITY AGREEMENT. between TEXAS PUBLIC FINANCE AUTHORITY. and TEXAS COMPTROLLER OF PUBLIC ACCOUNTS AMENDED AND RESTATED LIQUIDITY AGREEMENT between TEXAS PUBLIC FINANCE AUTHORITY and TEXAS COMPTROLLER OF PUBLIC ACCOUNTS Dated as of August 29, 2016 Relating to Texas Public Finance Authority General Obligation

More information

This document has been electronically entered in the records of the United States Bankruptcy Court for the Southern District of Ohio.

This document has been electronically entered in the records of the United States Bankruptcy Court for the Southern District of Ohio. Document Page 1 of 30 This document has been electronically entered in the records of the United States Bankruptcy Court for the Southern District of Ohio. IT IS SO ORDERED. Dated: May 16, 2018 IN THE

More information

ACCENTURE SCA, ACCENTURE INTERNATIONAL SARL AND ACCENTURE INC. PERFORMANCE GUARANTEE AND UNDERTAKING OF ACCENTURE SCA

ACCENTURE SCA, ACCENTURE INTERNATIONAL SARL AND ACCENTURE INC. PERFORMANCE GUARANTEE AND UNDERTAKING OF ACCENTURE SCA ACCENTURE SCA, ACCENTURE INTERNATIONAL SARL AND ACCENTURE INC. PERFORMANCE GUARANTEE AND UNDERTAKING OF ACCENTURE SCA GUARANTEE, dated as of January 31, 2003 (this Guarantee ), made by ACCENTURE INTERNATIONAL

More information

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION. x : : : : : : : : x

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION. x : : : : : : : : x UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ------------------------------------------------------------- In re CITY OF DETROIT, MICHIGAN, Debtor. -------------------------------------------------------------

More information

Case BLS Doc 2646 Filed 04/11/18 Page 1 of 6 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE

Case BLS Doc 2646 Filed 04/11/18 Page 1 of 6 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE Case 17-11375-BLS Doc 2646 Filed 04/11/18 Page 1 of 6 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE ------------------------------------------------------x In re Chapter 11 TK HOLDINGS INC., et al.,

More information

Case 2:16-cv ADS-AKT Document 24 Filed 06/23/17 Page 1 of 28 PageID #: 161

Case 2:16-cv ADS-AKT Document 24 Filed 06/23/17 Page 1 of 28 PageID #: 161 Case 2:16-cv-05218-ADS-AKT Document 24 Filed 06/23/17 Page 1 of 28 PageID #: 161 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK RICHARD SCALFANI, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY

More information

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION Case 3:16-bk-02230-PMG Doc 1045 Filed 06/01/18 Page 1 of 48 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION In re: RMS TITANIC, INC., et al., 1 Debtors. Case No. 3:16-bk-02230-PMG

More information

(Jointly Administered)

(Jointly Administered) Garfunkel Wild, P.C. 111 Great Neck Road Great Neck, New York 11021 Telephone: (516) 393-2200 Burton S. Weston Afsheen A. Shah Adam T. Berkowitz Counsel for Debtors and Debtors in Possession UNITED STATES

More information

FINAL ORDER AUTHORIZING USE OF CASH COLLATERAL GRANTING ADEQUATE PROTECTION AND SECURITY INTERESTS IN POST-PETITION PROPERTY

FINAL ORDER AUTHORIZING USE OF CASH COLLATERAL GRANTING ADEQUATE PROTECTION AND SECURITY INTERESTS IN POST-PETITION PROPERTY UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------X In re: SUFFOLK READY MIX, LLC, Debtor. -------------------------------------------------------X

More information

Case VFP Doc 313 Filed 01/19/16 Entered 01/19/16 18:13:12 Desc Main Document Page 1 of 19

Case VFP Doc 313 Filed 01/19/16 Entered 01/19/16 18:13:12 Desc Main Document Page 1 of 19 Document Page 1 of 19 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR 9004-1 LOWENSTEIN SANDLER LLP Kenneth A. Rosen, Esq. Gerald C. Bender, Esq. Bruce Buechler,

More information

Case Doc 28 Filed 01/10/18 Page 1 of 16. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division

Case Doc 28 Filed 01/10/18 Page 1 of 16. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division Case 18-10334 Doc 28 Filed 01/10/18 Page 1 of 16 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division In re: THE CONDOMINIUM ASSOCIATION OF THE LYNNHILL CONDOMINIUM, Debtor. 1

More information

NEBRASKA RULES OF BANKRUPTCY PROCEDURE. Adopted by the United States District Court for the District of Nebraska April 15, 1997

NEBRASKA RULES OF BANKRUPTCY PROCEDURE. Adopted by the United States District Court for the District of Nebraska April 15, 1997 NEBRASKA RULES OF BANKRUPTCY PROCEDURE Adopted by the United States District Court for the District of Nebraska April 15, 1997 Effective Date April 15, 1997 NEBRASKA RULES OF BANKRUPTCY PROCEDURE TABLE

More information

$ GROVER BEACH IMPROVEMENT AGENCY INDUSTRIAL ENHANCEMENT PROJECT AREA TAX ALLOCATION BONDS SERIES 2011B PURCHASE CONTRACT, 2011

$ GROVER BEACH IMPROVEMENT AGENCY INDUSTRIAL ENHANCEMENT PROJECT AREA TAX ALLOCATION BONDS SERIES 2011B PURCHASE CONTRACT, 2011 $ GROVER BEACH IMPROVEMENT AGENCY INDUSTRIAL ENHANCEMENT PROJECT AREA TAX ALLOCATION BONDS SERIES 2011B PURCHASE CONTRACT, 2011 Grover Beach Improvement Agency 154 South Eighth Street Grover Beach, CA

More information

Case: jtg Doc #:404 Filed: 05/17/16 Page 1 of 3 UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF MICHIGAN.

Case: jtg Doc #:404 Filed: 05/17/16 Page 1 of 3 UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF MICHIGAN. Case:16-00290-jtg Doc #:404 Filed: 05/17/16 Page 1 of 3 UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF MICHIGAN In re: Chapter 11 GREAT LAKES COMNET, INC. et al. 1 Debtors. Case No. 16-00290 (JTG)

More information

Case Doc 16 Filed 12/11/15 Page 1 of 47 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Case Doc 16 Filed 12/11/15 Page 1 of 47 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE Case 15-12500 Doc 16 Filed 12/11/15 Page 1 of 47 IMPORTANT: NO CHAPTER 11 CASE HAS BEEN COMMENCED AT THIS TIME. THE SOLICITATION MATERIALS ACCOMPANYING THIS PLAN OF REORGANIZATION HAVE NOT BEEN APPROVED

More information

Case: HJB Doc #: 3310 Filed: 03/08/16 Desc: Main Document Page 1 of 179 IN THE UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE

Case: HJB Doc #: 3310 Filed: 03/08/16 Desc: Main Document Page 1 of 179 IN THE UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE Case: 14-11916-HJB Doc #: 3310 Filed: 03/08/16 Desc: Main Document Page 1 of 179 IN THE UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE ---------------------------------------------------------------

More information

SECURITY AGREEMENT. NOW, THEREFORE, the Debtor and the Secured Party, intending to be legally bound, hereby agree as follows:

SECURITY AGREEMENT. NOW, THEREFORE, the Debtor and the Secured Party, intending to be legally bound, hereby agree as follows: SECURITY AGREEMENT THIS SECURITY AGREEMENT (this Agreement ), dated as of this day of, is made by and between corporation (the Debtor ), with an address at (the Secured Party ), with an address at.. Under

More information

i Case No (KJC)

i Case No (KJC) UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: WAVE SYSTEMS CORP.,! Chapter 7 i Case No. 16-10284 (KJC) Debtor. Re: Docket No. 29, 68,73, 74, 75, 76, 77, 86, 90, 94, and 96 ORDER PURSUANT

More information

Case Document 563 Filed in TXSB on 03/08/18 Page 1 of 298 ENTERED 03/08/2018

Case Document 563 Filed in TXSB on 03/08/18 Page 1 of 298 ENTERED 03/08/2018 Case 17-36709 Document 563 Filed in TXSB on 03/08/18 Page 1 of 298 ENTERED 03/08/2018 Case 17-36709 Document 563 Filed in TXSB on 03/08/18 Page 2 of 298 Case 17-36709 Document 563 Filed in TXSB on 03/08/18

More information

Case bjh11 Doc 957 Filed 04/16/19 Entered 04/16/19 14:24:44 Page 1 of 12

Case bjh11 Doc 957 Filed 04/16/19 Entered 04/16/19 14:24:44 Page 1 of 12 Case 18-33967-bjh11 Doc 957 Filed 04/16/19 Entered 04/16/19 14:24:44 Page 1 of 12 The following constitutes the ruling of the court and has the force and effect therein described. Signed April 16, 2019

More information

RAM Holdings Ltd. (RAMR) EX 10.1 RAM RE HOUSE 46 REID STREET HAMILTON, D0 HM 12 (441)

RAM Holdings Ltd. (RAMR) EX 10.1 RAM RE HOUSE 46 REID STREET HAMILTON, D0 HM 12 (441) RAM Holdings Ltd. (RAMR) RAM RE HOUSE 46 REID STREET HAMILTON, D0 HM 12 (441) 298 21 EX 10.1 8 K Filed on 07/29/2008 Period: 07/25/2008 File Number 001 32864 LIVEDGAR Information Provided by Global Securities

More information

Case BLS Doc 551 Filed 07/18/13 Page 1 of 135 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE.

Case BLS Doc 551 Filed 07/18/13 Page 1 of 135 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE. Case 13-11041-BLS Doc 551 Filed 07/18/13 Page 1 of 135 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In re: SYNAGRO

More information

rdd Doc 381 Filed 09/01/17 Entered 09/01/17 17:18:41 Main Document Pg 1 of 27

rdd Doc 381 Filed 09/01/17 Entered 09/01/17 17:18:41 Main Document Pg 1 of 27 Pg 1 of 27 Christopher Marcus, P.C. James H.M. Sprayregen, P.C. John T. Weber William A. Guerrieri (admitted pro hac vice) KIRKLAND & ELLIS LLP Alexandra Schwarzman (admitted pro hac vice) KIRKLAND & ELLIS

More information

Case KRH Doc 3040 Filed 07/12/16 Entered 07/12/16 17:55:33 Desc Main Document Page 62 of 369

Case KRH Doc 3040 Filed 07/12/16 Entered 07/12/16 17:55:33 Desc Main Document Page 62 of 369 Document Page 62 of 369 STIPULATION REGARDING WATER TREATMENT OBLIGATIONS THIS STIPULATION (as it may be amended or modified from time to time, this "Stipulation") is made and entered into as of July 12,

More information

NOTICE OF DEADLINE REQUIRING FILING OF PROOF OF CLAIM ON OR BEFORE DECEMBER 5, 2008

NOTICE OF DEADLINE REQUIRING FILING OF PROOF OF CLAIM ON OR BEFORE DECEMBER 5, 2008 APPENDIX 1 14 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re Quebecor World (USA) Inc., et al., Debtors. Chapter 11 Case No. 08-10152(JMP) Jointly Administered Honorable James M. Peck

More information

Case KJC Doc 603 Filed 01/20/17 Page 1 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE.

Case KJC Doc 603 Filed 01/20/17 Page 1 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE. Case 16-12373-KJC Doc 603 Filed 01/20/17 Page 1 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: BPS US Holdings Inc., et al., 1 Debtors. Chapter 11 Case No. 16-12373 (KJC)

More information

SECOND SUPPLEMENTAL TRUST INDENTURE

SECOND SUPPLEMENTAL TRUST INDENTURE Dow Corning Corporation and [ ] TRUSTEE SECOND SUPPLEMENTAL TRUST INDENTURE Dated as of, 1999 Supplementing that certain INDENTURE Dated as of, 1999 Authorizing the Issuance and Delivery of Debt Securities

More information

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION ) ) ) ) ) ) ) ) ) ) ) )

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION ) ) ) ) ) ) ) ) ) ) ) ) IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION THE PENNSYLVANIA AVENUE FUNDS, On Behalf of Itself and Others Similarly Situated, vs. Plaintiff, CFC INTERNATIONAL, INC.,

More information

Case Document 1057 Filed in TXSB on 12/16/16 Page 1 of 141

Case Document 1057 Filed in TXSB on 12/16/16 Page 1 of 141 Case 16-33590 Document 1057 Filed in TXSB on 12/16/16 Page 1 of 141 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ENTERED 12/16/2016 In re: Chapter 11 CJ HOLDING

More information

BA CREDIT CARD TRUST FOURTH AMENDED AND RESTATED TRUST AGREEMENT. dated as of October 1, between

BA CREDIT CARD TRUST FOURTH AMENDED AND RESTATED TRUST AGREEMENT. dated as of October 1, between EXECUTION COPY BA CREDIT CARD TRUST FOURTH AMENDED AND RESTATED TRUST AGREEMENT dated as of October 1, 2014 between BA CREDIT CARD FUNDING, LLC, as Beneficiary and as Transferor, and WILMINGTON TRUST COMPANY,

More information

March 29, Only Holders are eligible to Consent to the Proposed Indenture Amendments, which, if passed will:

March 29, Only Holders are eligible to Consent to the Proposed Indenture Amendments, which, if passed will: Consent Solicitation Statement GRAN COLOMBIA GOLD CORP. Solicitation of Consent to Amend the Indenture Relating to the Senior Unsecured Convertible Debentures due 2018 (the "Debentures") CUSIP No. 8501DAH8

More information

mew Doc 550 Filed 08/03/18 Entered 08/03/18 18:30:08 Main Document Pg 1 of 40

mew Doc 550 Filed 08/03/18 Entered 08/03/18 18:30:08 Main Document Pg 1 of 40 Pg 1 of 40 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x In re: : : Chapter 11 BICOM NY, LLC, et al., 1 : : Case

More information

NOBLE MIDSTREAM GP LLC FIRST AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT. Dated Effective as of September 20, 2016

NOBLE MIDSTREAM GP LLC FIRST AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT. Dated Effective as of September 20, 2016 Exhibit 3.2 Execution Version NOBLE MIDSTREAM GP LLC FIRST AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT Dated Effective as of September 20, 2016 TABLE OF CONTENTS Article I DEFINITIONS 1 Section

More information