In re: )Case No. 17-42267-659
) CHAPTER 11
PAYLESS HOLDINGS LLC, et al., )
) Jointly Administered
Debtors. )
NOTICE OF FILING OF PLAN SUPPLEMENT
c) In connection with an Initial Public Offering, all of the outstanding Shares of the Company shall automatically convert into shares of common stock of the Successor Corporation (the “Stock”) immediately prior to the consummation of the Initial Public Offering or at such other time as the Board of Managers may determine. Prior to such conversion, the Company shall provide the Members the option to elect, within ten (10) Business Days following receipt from the Company of a written notice of the anticipated consummation of the Initial Public Offering, for any such Member’s Shares to be converted to a different class of common stock than the Stock (the “Alternative Class of Common Stock”), with such Alternative Class of Common Stock having the same rights as the Stock other than that (i) such Alternative Class of Common Stock shall not be registered and listed on a securities exchange and (ii) such Alternative Class of Common Stock shall have the right to convert into shares of Stock at any time at the election of the holder thereof.
