Here is the meat of what we are requesting.
Requests
1. Identification on the chart attached hereto as Exhibit A-1 of (a) every Person with
whom the Debtors have attempted to obtain Financing or funding from January 1,
2009 to present; (b) the date of the first contact with that Person; (c) whether a
confidentiality agreement was signed with such Person and the date of any such
agreement; (d) whether due diligence was performed by that Person; (e) whether
financial statements were provided to that Person; (f) the last date of contact with
that Person; and (g) the current status of Financing or potential Financing by that
Person or any party affiliated with that Person.
2. Any and all Documents produced by the Debtors to the parties identified in
Request No. 1 and any and all Documents relating to discussions or
correspondence or contact of any kind with the parties identified in Request No. 1
from January 1, 2009 to the present.
3. Any and all Documents produced by the Debtors since January 1, 2009 to present
projecting cash revenues for the Debtors, and if some or all of this information is
available in Documents, Identify such Documents.
4. To the extent not included above, the Debtors’ audited financial statements for the
period of January 1, 2006 to present.
5. Access to the virtual document center/portal set up by the Debtors for the benefit
of any creditors, including but not limited to the Persons who refer to themselves
in the Bankruptcy Case as the “Senior Secured Creditors” or, alternatively, copies
of any and all Documents produced by the Debtors to the Senior Secured
Creditors through that portal.
6. Any and all Documents that have been produced to the Senior Secured Creditors
by the Debtors in a means other than through a virtual document center/portal.
7. Access to the virtual document center/portal set up by the Debtors for the benefit
of Nevada Star or, alternatively, copies of any and all Documents produced by the
Debtors to Nevada Star through that portal.
8. Any and all Documents that have been produced by the Debtors to Nevada Star in
a means other than through a virtual document center/portal.
9. Any and all Documents that will be used by or are referred to or relied on by the
Debtors in conjunction with the following motions: (a) DIP Motion; (b) Motion
for Substantive Consolidation; (c) Motion to Compel Assumption or Rejection of
Compressor Lease Agreement; (d) Motion to Assume Contract With Massey
Coal; and (e) Senior Secured Creditors’ Motion for Termination of the Stay.
10. To the extent not included above, any and all Documents related to the source of
any money or property acquired or to be acquired by the Debtors for purposes of
consummating a plan and the consideration given or offered therefor, including
but not limited to, any and all Documents related to the MOU.
11. In relation to the MOU, please Identify (as defined above):
(a) any and all Documents that have been or will be provided by the Debtors
to EEIL;
(b) any and all Documents that have been or will be provided by EEIL to
the Debtors;
(c) any amendments to and/or extension of the deadlines set forth in the
MOU;
(d) any evidence of deposits paid by EEIL or any Person affiliated with EEIL
in relation to the Debtors; and/or
(e) any agreements that have been entered into between EEIL and the
Debtors, or any Affiliates of either, related to the MOU.
12. To the extent not included above, please produce any and all Documents
identified in this Request
13. Identify (as defined above) Jimmy Pang and Mr. LuMing, who are disclosed in
the MOU as EEIL’s beneficial owners.
14. Identify (as defined above) the Person who is designated as EEIL’s domestic
registered agent.
15. Any and all Documents related to the return of mining property referred to in
response to ¶ 5 of Copper King’s Statement of Financial Affairs.
16. Any and all Documents evidencing agreements supporting the claims listed on
Copper King’s Schedule F, including but not limited to, any and all Documents
evidencing Copper King’s guarantee of claims against Western Utah.
17. Any and all Documents evidencing agreements with Massey Coal Company
and/or any Affiliate thereof (collectively, “Massey”), including but not limited to,
any and all Documents evidencing any agreements that have been entered into by the Debtors and Massey since the Petition Date and/or that are related to the any
motion to assume or reject.
18. A copy of any stock and/or equity registers maintained by the Debtors.
19. Any and all Documents evidencing agreements that have provisions for the
conversion to equity.
20. To the extent not included above, any and all Documents related the Mill, the
Project, mine reserves, geological studies and/or production including, but not
limited to, the following:
a. Any and all Documents related to work performed for the Debtors by David
Hartshorn;
b. Any and all Documents related to work performed for the Debtors by Jay Gatten;
c. Any and all Documents related to work performed for the Debtors by Dr. Mike
Nelson;
d. Any and all Documents providing data related to the geology, mineralogy
and metallurgical data, testing and research;
.
e. Any and all Documents providing data related to Project production, including
without limitation, any testing on or with acids, re-agents or any other
components, daily run rates, recovery percentages, and/or concentrate quality;
f. Any and all Documents provided to the Debtors by Tetra Tech, including without
limitation, any and all findings and/or reports related to the Mill and/or the
Project;
g. The complete plan for the Mill and any and all Documents related to the Mill and
its equipment or equipment used, tested or recommended for the Mill;
h. Any and all Documents related to compliance with any applicable environmental
laws and regulations, including but not limited to, any and all Documents related
to the Debtors’ compliance with and budgets for compliance with any such
applicable laws and regulations.
i. Any and all Documents related to employment of management and/or employees.
j. Identify any and all mining permits that are not in compliance and/or that are at
risk of being in non-compliance within 120 days from the date of this Request
