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2017-04-19_GENERAL DOCUMENTS - C2009087
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2017-04-19_GENERAL DOCUMENTS - C2009087
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Last modified
4/25/2017 11:59:20 AM
Creation date
4/25/2017 11:56:51 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C2009087
IBM Index Class Name
General Documents
Doc Date
4/19/2017
Doc Name
Notice of (1) Entry of Order Confirming Second Amended Joint Plan of Reorganization of Debtors
From
United States Bankruptcy Court
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
MPB
JRS
Media Type
D
Archive
No
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Case 16-42529 Doc 2867 Filed 04/03/17 Entered 04/03/17 15:08:20 Main Document <br />Pg4of6 <br />Court regarding the payment of Fee Claims. For the avoidance of doubt, professionals for (i) the <br />Noteholder Co -Proponents, (ii) the Indenture Trustees, (iv) the First Lien Agent and (v) the First <br />Lien Lenders shall not be required to submit fee applications. <br />9. Resection Damages Claims. In accordance with Section III.B.2 of the <br />Plan, unless otherwise provided in a Final Order of the Bankruptcy Court approving the <br />rejection of an Executory Contract or Unexpired Lease, Claims arising out of the rejection of an <br />Executory Contract or Unexpired Lease pursuant to the Plan must be Filed with the Bankruptcy <br />Court and served upon counsel to the Debtors and Designated Co -Administrator and, if <br />concerning the Gold Fields Debtors, the Gold Fields Liquidating Trustee, on or before the later <br />of: (a) 30 days after the Effective Date, which is May 3, 2017; or (b) for Executory Contracts <br />identified on Exhibit III.B.I of the Plan, 30 days after (i) a notice of such rejection is served <br />under the Order, Pursuant to Sections 105, 365 and 1123 of the Bankruptcy Code, <br />(I) Establishing Procedures with Respect to the Proposed Assumption, Assumption and <br />Assignment, and Rejection of Executory Contracts and Unexpired Leases and the Treatment of <br />Other Agreements Pursuant to the Amended Joint Plan of Reorganization of Debtors and <br />Debtors in Possession and Applicable Law and (II) Approving the Form and Manner of Notice <br />Thereof (Docket No. 2420) (the "Contract Procedures Order"), if the contract counterparty does <br />not timely file an objection to the rejection in accordance with the Contract Procedures Order or <br />(ii) if such an objection to rejection is timely filed with the Bankruptcy Court in accordance with <br />the Contract Procedures Order, the date that an order is entered approving the rejection of the <br />applicable contractor lease or the date that the objection to rejection is withdrawn. Any Claims <br />not Filed within such applicable time periods will be forever barred from receiving a Distribution <br />from the Debtors, the Reorganized Debtors or the Estates. <br />10. Service Upon Claims Agent. Administrative Expense Claims and Proofs <br />of Claim that are required to be Filed in accordance with the bar dates set forth above must be <br />served on the Debtors' claims, notice and balloting agent Kurtzman Carson Consultants, LLC so <br />as to be actually received by the applicable deadline by delivering an applicable proof of claim <br />by regular mail, overnight courier or hand delivery to the following address: <br />Peabody Energy Corp Claims Processing Center <br />c/o Kurtzman Carson Consultants, LLC <br />2335 Alaska Avenue <br />El Segundo, California 90245 <br />11 Proofs of claim may NOT be delivered by facsimile or electronic mail <br />transmission. Any facsimile or electronic mail submission will not be accepted and will not be <br />deemed Filed until a proof of claim is submitted by one of the approved methods described <br />above. <br />12. Notice Parties' Service Addresses. To be effective, any notices, requests <br />and demands required or permitted to be provided under the Plan shall be in writing (including, <br />without express or implied limitation, by facsimile transmission), and, unless otherwise expressly <br />provided herein, shall be deemed to have been duly given or made when actually delivered or, in <br />the case of notice by facsimile transmission, when received and telephonically confirmed, and <br />addressed to: (a) counsel to the Reorganized Debtors, Jones Day, 901 Lakeside Avenue, <br />Cleveland, Ohio 44114 (Attn: Heather Lennox), Jones Day, 51 Louisiana Avenue, N.W., <br />-4- <br />NAI-1502553027.4 <br />
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