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Tuesday, April 17, 2012 5:29:37 PM
Here's a copy of the settlement agreement for those that might not have seen it.
Upon the effective date of the Stipulation (the "Effective Date"), the LTW Holders shall receive, in the aggregate:
o An Allowed General Unsecured Claim (as such term is defined in the Seventh Amended Plan) in Class 12 in the aggregate amount of Nine Million Dollars ($9,000,000.00) (the "Allowed General Unsecured Portion"); provided, however, that the Fees and Expenses, to the extent allowed pursuant to an order of the Bankruptcy Court, upon notice and hearing, shall be paid from the initial distributions to be made to LTW Holders with respect to the Allowed General Unsecured Portion; and, provided, further, that, to the extent the Fees and Expenses are equal to or less than Three Million Two Hundred Thousand Dollars ($3,200,000.00), the Debtors and the Creditors' Committee shall not oppose any such application;
o Subject to the provisions o f decretal paragraph 3(iii) of the Stipulation, an Allowed Subordinated Claim (as such term is defined in the Seventh Amended Plan) in Class 18 in the aggregate amount of Ten
3 The following is a summary of the Stipulation, which is attached hereto and incorporated by reference as iffully set forth herein. In the event of any inconsistency between this summary and the Stipulation, the Stipulation controls.
X:\NRPORTBL\US_ACTlVE\GURDIANJ\43899029_4.DOC 10 RLFI 5756683v. 1
o
Million Dollars ($10,000,000.00) (the "Allowed Subordinated Portion"); and
8.77% of the Reorganized Common Stock (as such term is defined in the Seventh Amended Plan), distributed to holders of Common Equity Interests (the "Allowed Equity Portion," and collectively with the Allowed General Unsecured Portion and the Allowed Subordinated Portion, the "Allowed LTW Claims"); provided, however, that, in the event that the number of shares of Reorganized Common Stock distributed to holders within Classes 21 and 22 of the version of the Seventh Amended Plan existing as of the date of the Stipulation are less than the amount set forth therein, as may be diluted/reduced on account of Runoff Notes Elections, Reorganized Common Stock Elections or otherwise, each as referenced in the Seventh Amended Plan, the amount of the Allowed Subordinated Portion shall be increased by twenty cents ($0.20) for each share that the Allowed Equity Portion is so reduced up to a cap of One Million Dollars ($1,000,000.00).
http://www.kccllc.net/documents/0812229/0812229120111000000000007.pdf
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