C. With respect to the Icahn/Beal Plan, Ballots need not be provided to the holders of (i) Claims in Classes 1 (Other Priority Claims), 2 (Other Secured Claims) and/or 6
(Intercompany Claims) because they are unimpaired and, therefore, conclusively presumed to accept the Icahn/Beal Plan; and (ii) Claims or Equity Interests in: Class 7 (Section 510(b) Claims), Class 8 (TER Equity Interests), Class 9 (TER Holdings Equity Interests), and/or Class 10 (Subsidiary Equity Interests) because they will retain and receive no property under the Icahn/Beal Plan and, therefore, are deemed to reject the Icahn/Beal Plan.
D. With respect to the AHC/Debtor Plan, Ballots need not be provided to the holders of (i) Other Priority Claims in Class 1, Other Secured Claims in Class 2, Intercompany Claims in Class 8, and Subsidiary Equity Interests in Class 12 because they are unimpaired and, therefore, conclusively presumed to accept the AHC/Debtor Plan, and (ii) Section 510(b) Claims in Class 9, TER Equity Interests in Class 10 and TER Holdings Equity Interests in Class 11 because they will not receive or retain any property under the AHC/Debtor Plan and, therefore, are deemed to reject the AHC/Debtor Plan.
NOTICE OF NON-VOTING STATUS TO IMPAIRED CLASSES: CLASS 7 (SECTION 510(b) CLAIMS), CLASS 8 (TER EQUITY INTERESTS), CLASS 9 (TER HOLDINGS EQUITY INTERESTS), AND CLASS 10 (SUBSIDIARY EQUITY INTERESTS) THAT ARE DEEMED TO REJECT THE PLAN
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