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Re: Stockminder post# 4830

Thursday, 08/27/2015 5:06:31 PM

Thursday, August 27, 2015 5:06:31 PM

Post# of 19242
From Page 16 Docket 932

1.145 “Plan Supplement” means one or more supplements to the Plan
containing certain schedules, documents and/or forms of documents relevant to the implementation of the Plan (including without limitation the New Organizational Documents (including the Stockholders Agreement and the Registration Rights Agreement, if any such agreement is agreed to by the Debtors, the Requisite Consenting Noteholders and the Requisite Exit Facility Lenders), the Management Incentive Plan, Post-Emergence Key Employee Retention Plan, the New First Lien Term Loan Credit Agreement, the New Intercreditor Agreement, the New Second Lien Convertible Notes Definitive Agreement, the New Warrant Agreement, the identity of the New Board Members, the identity of and compensation for the parties to the Officers’ Employment Agreements officers of the Reorganized Debtors, the identity of the Creditor Representative, the identity of the New Warrant Representative, the Schedule of Assumed Executory Contracts and Unexpired Leases, and any other schedules, documents and/or forms of documents necessary to comply with Bankruptcy Code sections 1123(a)(7) and 1129(a)(5)), to be filed with the Bankruptcy Court no later than nine (9) days prior to the Voting Deadline, as amended, supplemented, or modified from time to time in accordance with the terms of the Plan, the Amended and Restated Restructuring Support Agreement, the Exit Facility Commitment Letter, the Bankruptcy Code and the Bankruptcy Rules and shall otherwise be in form and substance reasonably acceptable to the Debtors and the Requisite Consenting Parties in consultation with (i) the Creditors Committee, but only to the extent any documents or provision thereof may be deemed to affect the treatment of or distributions to the Holders of Unsecured Claims, to the extent such Holders of Unsecured Claims are not Consenting Noteholders, and (ii) the Equity Committee, but only to the extent any document or provision thereof may be deemed to affect the treatment of or distributions to Holders of Existing Equity Interests; provided, further, however, that any documents or provisions of such documents that are, or relate to, any of the Excluded Matters shall not be required to be reasonably acceptable to the Requisite Secured Lenders.


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