"... 3.3 Treatment of Claims Against and Equity Interests in the Debtor. The classes of Claims against and Equity Interests in the Debtor shall be treated under the Plan as follows: (a) Class 1 – Priority NQDC Claims. Each holder of an Allowed Priority NQDC Claim shall be unimpaired under the Plan and, pursuant to section 1124 of the Bankruptcy Code, all legal, equitable and contractual rights of each holder of an Allowed Priority NQDC Claim with respect to such Claim shall remain unaltered, except as provided in sections 1124(2)(A)-(E) of the Bankruptcy Code, and such holder of an Allowed Priority NQDC Claim shall be paid Cash by the Reorganized Debtor from the Estate Cash in an amount equal to its Allowed Priority NQDC Claim on the Plan Distribution Date. Case 17-11213 Doc 357 Filed 03/14/18 Entered 03/14/18 17:09:56 Main Document Page 18 of 48 15 (b) Class 2 – General Unsecured Claims. Each holder of an Allowed General Unsecured Claim shall receive on the Plan Distribution Date, in satisfaction of its Allowed General Unsecured Claim, Cash in an amount equal to such holder’s Pro Rata Share of the Litigation and Distribution Trust. (c) Class 3 – Equity Interests (Common Stock). Holders of Interests in the Debtor shall have left unaltered the legal, equitable, and contractual rights to which each such Holder is entitled on account of such Interest. (d) Class 4 – Series D Preferred Equity Interests Holders of Interests in the Debtor shall have left unaltered the legal, equitable, and contractual rights to which each such Holder is entitled on account of such Interest. (e) Class 5 – Series E Preferred Equity Interests Holders of Interests in the Debtor shall have left unaltered the legal, equitable, and contractual rights to which each such Holder is entitled on account of such Interest.
ARTICLE IV. IDENTIFICATION OF IMPAIRED CLASSES OF CLAIMS AND EQUITY INTERESTS 4.1 Unimpaired Classes of Claims and Equity Interests. The following Classes are not impaired under the Plan: (a) Class 1 – Priority NQDC Claims, Class 3- Equity Interests (Common Stock), Class 4 – Series D Preferred Equity Interests, and Class 5 – Series E Preferred Equity Interests. 4.2 Impaired Classes of Claims and Equity Interests. The following Class is impaired under the Plan: (a) Class 2 – General Unsecured Claims. 4.3 Impairment Controversies. If a controversy arises as to whether any Claim or Equity Interest, or any class of Claims or Equity Interests, is impaired under the Plan, the Bankruptcy Court shall, after notice and a hearing, determine such controversy.
ARTICLE V. ACCEPTANCE OR REJECTION OF THE PLAN; EFFECT OF REJECTION BY ONE OR MORE CLASSES OF CLAIMS OR EQUITY INTERESTS 5.1 Classes Entitled to Vote. Classes 1, 3, 4 and 5 are not impaired under the Plan, and the holders of Claims and Interests in such classes are conclusively presumed to have accepted the Plan pursuant to section 1126(f) of the Bankruptcy Code and are not entitled to vote to accept or reject the Plan. Class 2 is impaired under the Plan, and the holders of Claims in such class are entitled to vote to accept or reject the Plan...."
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