Trailer Bridge, Inc. (fka TRBRQ)

[johnnyk2394]

9. Class 9: Old Common Interests
a. Interests in Class: Class 9 consists of all Allowed Old Common Interests of
the Debtor.
b. Treatment: The legal, equitable and contractual rights of the holders of Old
Common Interests are Impaired under the Plan and will receive no recovery. If Class 8: General
Unsecured Claims votes to accept the Plan, and the General Unsecured Reserve (which shall include any
Cash contribution permitted in Article III.E.8(b) above, excess Cash from the Miscellaneous Secured
Reserve, and excess Cash from the Cure Reserve) is adequate to provide a distribution of at least 85% to
holders of Allowed Class 8: General Unsecured Claims, then on the Effective Date, or as soon as
practicable thereafter, each holder of an Allowed Class 9: Old Common Interest shall elect to receive in
full satisfaction, settlement, release, and discharge of, and in exchange for such Interest and on the terms
and conditions set forth more fully in the Plan either: (i ) a Cash payment of $0.15 per share; or (ii) subject
to Article V.D hereof (providing that no fractional New Common Stock shares shall be issued or
distributed) such holder’s Pro Rata share of Equity Consideration; provided that each unit of Equity
Consideration shall not be separable, so that the New Common Stock and the New Warrants comprising
such units shall not be separately conveyed. In the event a holder of an Allowed Class 9: Old Common
Interest holds less than 2,500 shares, such holder will receive a Cash payment of $0.15 per share; and
provided further, however, that to the extent a holder of an Allowed Class 9: Old Common Interest elects
or otherwise receives the cash payment of $0.15 per share referenced above, such holder’s Pro Rata share
of the Equity Consideration shall not be issued to such holder. For the avoidance of doubt, if Class 8:
General Unsecured Claims votes to reject the Plan, the holders of Class 9: Old Common Interests will
receive no recovery.

http://www.kccllc.net/documents/1108348/1108348120209000000000004.pdf