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Re: ItsMyOption post# 561829

Wednesday, 12/16/2020 8:36:20 PM

Wednesday, December 16, 2020 8:36:20 PM

Post# of 735723
ItsMyOption, Some on this board still don't get it. What a shame,as it's in black and white for all who can read English.

"I have received a letter from B. Rosen in response to UST Vara re: Griffin letter as I also supported it. This goes back to this ambiguous language within 23.1 of the Plan – Class 19 “Treatment of Preferred Equity Interests about the 75-25%. I can not cut and paste but will provide word for word what Rosen stated in his letter:

"Unfortunately, the Plan expressly provides for the pro rata treatment of all Class 19 interests. Specifically, Section 23.1 of the Plan provides that each holder of a Preferred Equity Interest "shall be entitled to such holder's Pro Rata Shares" of distributions to be made to such class." Section 1.175 of the Plan defines "Pro Rata Shares" with respect to Equity Interest to mean, "within the same Class, the proportion that an Equity Interest bears to the sum of all Equity Interest with such Class." See Plan 1.175...

Plan, 1.170 "Pursuant to the express terms of the Stipulation, the Class 19 Claims shall be allowed in the amount of $71,953,536.09 and treated in accordance with Section 23.1 of the Plan."
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