5
receive a ballot to which you are entitled, you may request in writing a replacement by
contacting DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, One North Lexington
Avenue, White Plains, New York 10601 attn: Jonathan S. Pasternak, Esq. at the stated
address.
Only actual votes will be counted. A failure to return a ballot will not be counted either
as a vote for or against the Plan. Any improperly completed or late ballot will not be counted.
Any ballot that indicates both an acceptance and rejection of the Plan will be deemed a vote to
accept the Plan. If no votes to accept or reject the Plan are received with respect to a particular
class, the class will be deemed to have voted to accept the Plan. If a creditor casts more than one
ballot voting the same Claim before the Voting Deadline, the latest dated Ballot received before
the Voting Deadline will be deemed to reflect the voter’s intent and thus to supersede any prior
ballots. Creditors must vote all of their Claims within a particular Class under the Plan either to
accept or reject the Plan and may not split their votes within a particular Class; thus, a ballot (or a
group of ballots) within a particular Class received from a single Creditor that partially rejects
and partially accepts the Plan will be deemed to have voted to accept the Plan.
1.3. Disclosure Statement Enclosures. Accompanying this Disclosure Statement are
copies of: the Plan (Exhibit A); current financial statements of the Debtor (Exhibit B); the
liquidation analysis prepared by the Debtor (Exhibit C); Executive Summary of Momspot
(Exhibit D) and Three Year Consolidated Financial Projections (Exhibit E). In addition, those
parties eligible to vote will receive a ballot for voting on the Plan.
1.4. Confirmation Of The Plan. Your vote on the Plan is important. In order for the
Plan to be accepted, of those Holders of Claims who cast ballots, the affirmative vote of at least
two-thirds (2/3) in dollar amount and more than one-half (1/2) in number of Claims in each class
is required.
12-12553-jmp Doc 88 Filed 03/07/13 Entered 03/07/13 16:12:45 Main Document
Pg 6 of 74
