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2015-01-21_GENERAL DOCUMENTS - C1981013 (2)
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2015-01-21_GENERAL DOCUMENTS - C1981013 (2)
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Last modified
8/24/2016 5:56:44 PM
Creation date
1/23/2015 12:59:48 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
General Documents
Doc Date
1/21/2015
Doc Name
Notice of Filing of Report of the Monitor in the Canadian Proceeding
From
US Bankruptcy Court
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
LDS
MPB
Media Type
D
Archive
No
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-23- <br />(h) Employee Priority Claims; and <br />(i) Government Priority Claims. <br />60. The Plan provides that, at the election of the Applicants, the Applicants may <br />satisfy any Unaffected Secured Claims by returning the property of the Applicants that is secured <br />as collateral for such Claim, in which case such Claim shall be deemed to be fully satisfied, <br />provided that if the applicable Unaffected Secured Creditor asserts that there is a deficiency in <br />the value of the collateral relative to the value of the applicable Unaffected Secured Claim, such <br />Creditor shall be permitted to file such unsecured deficiency Claim as a Restructuring Period <br />Claim, which shall be treated as an Affected Unsecured Claim. As of the date of this Second <br />Report, the Monitor has not been advised of any such election by the Applicants. <br />61. As of the date of this Second Report, the Applicants have not advised the Monitor <br />of any Unaffected Secured Claims, other than the Prior Ranking Secured Claims set out in <br />Schedule "A" to the Initial Order. Additionally, the Monitor is advised by the Applicants that <br />Unaffected Trade Creditors are being paid in the ordinary course and that there are no <br />Unaffected Trade Claims to date. <br />62. In addition, the Plan provides that any Person having an Insured Claim shall be <br />limited to recovery in respect of such Insured Claim solely from the proceeds of the applicable <br />Insurance Policies, and Persons with an Insured Claim shall have no right to, and shall not, make <br />any claim or seek any recoveries in respect thereof from the Applicants, the Cline Companies, <br />any Director or Officer or any other Released Party (other than enforcing such Person's rights to <br />be paid by the applicable insurer(s) from the proceeds of the applicable Insurance Policies). <br />
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