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2016-06-28_GENERAL DOCUMENTS - C1994082
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2016-06-28_GENERAL DOCUMENTS - C1994082
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Last modified
8/24/2016 6:24:22 PM
Creation date
6/28/2016 10:05:48 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1994082
IBM Index Class Name
General Documents
Doc Date
6/28/2016
Doc Name
Notice of Deadlines for Filing of Proofs of Claim
From
United States Bankruptcy Court Eastern District of Missouri Eastern Division
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
MPB
JRS
JHB
Media Type
D
Archive
No
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(i) any entity (other than a counterparty to a Swap Contract) whose claim is for <br />repayment of principal, interest, fees, charges or any other obligations under or in <br />connection with the Existing Credit Documents; provided, that (i) the Pre -Petition <br />Agent is authorized, but not directed, to file the Pre -Petition Credit Agreement <br />Master Proof of Claim in the Debtors' lead chapter 11 case In re Peabody Energy <br />Corporation, et al., (Case No. 16-42529) on behalf of itself and each applicable <br />Pre -Petition Credit Agreement Claim Party (other than counterparties to the Swap <br />Contracts) on account of the applicable Pre -Petition Credit Agreement Claim <br />Parties' respective Pre -Petition Credit Agreement Claims, and upon the filing of <br />the Pre -Petition Credit Agreement Master Proof of Claim, such proof of claim <br />shall be deemed to have been filed by the Pre -Petition Agent and by each such <br />Pre -Petition Credit Agreement Claim Party (and each of their respective <br />successors and assigns) against all Debtor(s) liable under the applicable Existing <br />Credit Documents, and the claim of each such Pre -Petition Credit Agreement <br />Claim Party, and each of its respective successors and assigns, shall be treated as <br />if such entity had filed a separate proof of claim in each of the applicable chapter <br />11 cases of the Debtors; provided, further, that nothing in the Bar Date Order <br />shall affect the right of any Pre -Petition Credit Agreement Claim Party (or any of <br />their respective successors in interest or assigns) to vote separately on any plan <br />proposed in these chapter 11 cases, and that the Pre -Petition Agent shall not be <br />required to file with the Pre -Petition Credit Agreement Master Proof of Claim any <br />instruments, agreements or other documents evidencing the obligations owing by <br />each of the Debtors to any Pre -Petition Credit Agreement Claim Party, which <br />instruments, agreements or other documents will be provided upon written request <br />to counsel to the Pre -Petition Agent; for the avoidance of doubt, the filing of any <br />proof of claim or amendment of any such proof of claim, including, without <br />limitation, the Pre -Petition Credit Agreement Master Proof of Claim, against any <br />Debtor in any Case by any of the First Lien Secured Parties, including, without <br />limitation, the Pre -Petition Agent, shall not in any way prejudice or otherwise <br />adversely affect the First Lien Secured Parties' rights, remedies, powers or <br />privileges under the Existing Credit Documents, the Interim Order, or the Final <br />DIP Order, including, without limitation, the right of any Pre -Petition Credit <br />Agreement Claim Party to file a separate proof of claim in any of the Debtors' <br />chapter 11 cases with respect to any Debtor; and <br />(j) any holder of a claim allowable under sections 503(b) and 507(a)(2) of the <br />Bankruptcy Code as an expense of administration (other than any claim allowable <br />under section 503(b)(9) of the Bankruptcy Code or any portion of a Rejection <br />Damages Claim asserting administrative priority under section 503(b) of the <br />Bankruptcy Code). <br />No Bar Date for Proofs of Interest. Any entity holding an interest in any Debtor <br />(an "Interest Holder"), which interest is based exclusively upon the ownership of common or <br />preferred stock in a corporation, a membership interest in a limited liability corporation or <br />partnership or warrants or rights to purchase, sell or subscribe to such a security or interest <br />(any such security or interest, an "Interest"), need not file a proof of Interest on or before the <br />General Bar Date; provided, however, that Interest Holders who wish to assert claims against any <br />
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