Jan 6th, you still have time...i think
Specifically, the Debtors request that the Bankruptcy Court establish January 6, 2012 as the Mailing Record Date for purposes of determining (i) holders of record in Classes 2, 3, 5, 6, 8, 9, 10, 11, 12, 12A, 13, 14, 15, 16, 18, 19, 21, and 22 that are entitled to receive Solicitation Packages and (ii) Non-Voting Creditors and Interest Holders who are entitled to receive a Notice of Non-Voting Status (as described below).
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Notwithstanding that all Ballots and Election Forms must be received by
the Voting and Election Deadline, in order for holders’ votes and/or elections to be tabulated, as set forth herein, certain holders of Claims who have failed to elect to grant the releases in the Non-Debtor Release Provision by the Voting and Election Deadline may submit Release Elections during the period between the Effective Date and the one (1) year anniversary of the Effective Date by submitting a post-Effective Date release form. For tax reasons, this option is not available to holders of Equity Interests in Classes 19 and 22. The Debtors propose that, for holders of Equity Interests in Classes 19 and 22 only, for Release Elections to be counted with respect to the Plan, each Ballot and/or Master Election Form must be properly executed, completed,and delivered to KCC (i) by first-class mail, in the return envelope provided with each Ballot, (ii) by overnight courier, or (iii) by personal delivery, so that it is actually received by KCC no later than 5:00 p.m. (Pacific Time) on February 22, 2012 (the “Equity Release Election Deadline”).
Exhibit 4-22
Form of Class 22 Master Election Form
If you are, as of January 6, 2012, the holder of a Common Equity Interest, please use this Ballot to execute your election to grant or not grant the releases provided in Section 41.6 of the Plan and, if applicable, receive a distribution pursuant to the Plan. The United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”) has approved the Disclosure Statement, which provides information to assist you in deciding whether or not to elect to grant the releases set forth in Section 41.6 of the Plan. If you elect not to grant such releases, you will not be eligible to receive a distribution pursuant to the Plan. Bankruptcy Court approval of the Disclosure Statement does not indicate
