Laserfiche WebLink
-31- <br />Possible Amendments to the Plan <br />77. Pursuant to the Meetings Order, if it is determined in accordance with the Claims <br />Procedure Order that there are no Voting Claims in the WARN Act Plaintiffs Class or the <br />requisite quorum is not present at the WARN Act Plaintiffs Meeting, the Applicants shall be <br />entitled to amend the Plan, without further Order of this Honourable Court, to combine the <br />WARN Act Plaintiffs Class with the Affected Unsecured Creditors Class on such terms as may <br />be set forth in such amended Plan. In such an instance, the Meetings Order provides that the <br />Applicants would have no obligation to hold the WARN Act Plaintiffs Meeting or seek a vote of <br />the WARN Act Plaintiffs Class with respect to the resolution to approve the PIan or any other <br />matter. <br />78. As described above, the Monitor received a Proof of Claim against New Elk, <br />North Central and Cline by certain WARN Act Plaintiffs on January 13, 2015. The Applicants, <br />with the assistance of the Monitor, will be engaged in discussions with counsel to the WARN <br />Act Plaintiffs. This Proof of Claim has not been accepted as Voting Claims (as defined in the <br />Claims Procedure Order) as of the date of this Second Report. If such Proof of Claim is <br />ultimately not accepted as Voting Claims, the Applicants may amend the Plan as described in the <br />immediately preceding paragraph. In addition, the Applicants may also amend the Plan if the <br />requisite quorum is not present at the WARN Act Plaintiffs Meeting. In the event that the Plan is <br />so amended, the Monitor will provide comments thereon in a subsequent report. <br />Alternate Plan <br />79. The Meetings Order provides that if the Alternate Plan is pursued, the Secured <br />Noteholders Meeting and the Sanction Hearing may proceed on the originally scheduled dates <br />set forth in the Meetings Order with the consent of the Monitor, and that the Monitor may rely on <br />