2021-01-14_GENERAL DOCUMENTS - C1980004

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Case 120-bk-12043 Doc 573-1 Filed 01/13/21 Entered 01/13/21 110353 Desc Case 120-bk-12043 Doc 573-1 Filed 01/13/21 Entered 01/13/21 110353 Desc Exhibit A -Declaration of Emily Young Page 1 of 9 Exhibit A -Declaration of Emily Young Page 2 of 9 Exhibit A (Declaration of Emily Young of Epiq Corporate Restructuring, LLC) IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF OHIO In re: ) Chapter 11 Hopedale Mining LLC, et al.,' ) Case No. 20-12043(GRIT) (Jointly Administered) Debtors. DECLARATION OF EMILY YOUNG OF EPIQ CORPORATE RESTRUCTURING, LLC REGARDING VOTING AND TABULATION OF BALLOTS CAST ON DEBTORS'FIRST AMENDED JOINT PLAN OF ORDERLY LIOUIDATION I, Emily Young, declare, under penalty of perjury: 1. I am a Senior Consultant of Epiq Corporate Restructuring, LLC ("Epiq") Located at 777 Third Avenue, 12th Floor, New York, New York 10017. I am over the age of IS years. I do nothave a direct interest in these chapter 11 cases and should be considered an impartial party. 2. I submit this declaration (the "Declaration") with respect to the solicitation and tabulation of votes cast on the Debtors' First Amended Joint Plan of Orderly Liquidation of Hopedale Mining LLC and its Affiliated Debtors Under Chapter 11 of the Bankruptcy Code (as amended, supplemented, or modified from time to time, the "Plan") z Except as otherwise indicated herein, all facts set forth herein are based upon my personal knowledge or my review of "IriaDabm lha CM1,,1au11re are(w,h 0e lastfm dxg,t o ., fe-d®Mr-. uombaa s parau0a )-OP LLC (8619), Rhino Rasp Pem LP (7517), - Pnaigy LLC (6320), RMw'1luckmg LLC (8773), RMw Exploienou LLC (8863), 'Rind Roof SYgpon S}rstams LLC(1183), Spdugdala Lewd LLC(9816), McCl C Miu LLC(3783), Rhino N.ah. Bolden LLC (1858), CAM - Raal El-LLC (1859), CAM-Coloiedo LLC (4269),'lhylorvllla Men LLC (5106), CAM Coel'lte g LLC (4143), Ces Valley Men LLC (9495), Jewell V allay Mien LLC (02'10), Rhin Services LLC (3356), Rhino Oilfield Sarvl LLC (8938), Rhino Taclmologlas LLC (0994), CAM Mimug LLC (2498), Rhino Coalfield Sem LLC (3924), Hopedale Mu LLC (9060), CAM-Kaumcky Real Estate LLC (9089), CAMBeLLC (9097), Lea 11� Lewd LLC (7794), CAM--ft LLC (5467), Pa 1y Eu LLC (6095), Rhino Eestam LLC (1457), Rockhousa LLC (7702) Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Plan or the Solicitation Procedures Order (as defined herein). Case 1:20-bk-12043 Doc 573-1 Filed 01/13/21 Entered 01/13/21 1103:53 Desc Case 1:20-bk-12043 Doc 573-1 Filed 01/13/21 Entered 01/13/21 1103:53 Desc Exhibit A -Declaration of Emily Young Page 3 of 9 Exhibit A -Declaration of Emily Young Page 4 of 9 relevant documents. I am authorized to submit this Declaration on behalf of Epiq. If I were calked upon to testify, I could and would testify competently as to the facts set forth herein. 3. In accordance with (a) the Order Authorizing the Debtors to Retain and Employ Epiq Corporate Restructuring, LLC a s Administrative Advisor Effective as of the Petition Date [Docket No. 230], and (b) the Order (A) Scheduling Combined Hearing on Approval of Disclosure Statement and Confirmation ofPlan of Liquidation, (B) Establishing Proceduresfor Solicitation and Tabulation of Votes on Plan and (C) Approved Related Dates, Forms and Procedures Doc. 511 [Docket No. 533] (the "Solicitation Procedures Order"), Epiq was appointed and authorized to assist the Debtors with, inter aba, soliciting, receiving, reviewing, determining the validity of, and tabulating Ballots cast on the Plan by holders of Claims in the Voting Classes (as defined below). 4. Pursuant to the Plan and the Solicitation Procedures Order, only holders of Claims in the following Classes (the "Voting Classes") were entitled to vote to accept or reject the Plan: Class Description Class 1 Other Priority Claims Class 3 DIP Lender Claims Class 4 Prepetition Lender Claims Class 5 General Unsecured Claims 5. The procedures for the solicitation and tabulation of votes on the Plan are outlined in the Solicitation Procedures Order. Epiq was instructed by the Debtors to solicit, review, determine the validity of, and tabulate Ballots submitted by holders of Claims in the Voting Classes in accordance with the Solicitation Procedures Order. 6. The Solicitation Procedures Order established November 20, 2020 as the record date for determining the holders of Claims in the Voting Classes entitled to vote on the Plan (the "Voting Record Date"). 7. In accordance with the Solicitation Procedures Order, Epiq solicited the holders of Claims in the Voting Classes as of the Voting Record Date. Epiq's Affidavit of Service of Solicitation Materials [Docket No. 555] was filed with the Court on December 9, 2020. S. For a Ballot to be counted as valid, the Ballot must have been properly completed in accordance with the procedures set forth in the Solicitation Procedures Order, executed by the relevant holder, or such holder's authorized representative, and must have been received by Epiq by December 30, 2020, 5:00 p.m. (prevailing Eastern Tune) (the "Voting Deadline"). 9. All validly executed Ballots cast by holders of Claims in the Voting Classes received by Epiq on or before the Voting Deadline were tabulated as outlined in accordance with the Solicitation Procedures Order. I declare that the results of the voting by holders of Claims in the Voting Classes are as set forth in Exhibit A hereto, which is a true and correct copy of the final tabulation of votes cast by timely and properly executed Ballots received by Epiq. 10. A report of all Ballots received but not included in the tabulation prepared by Epiq and the reasons for exclusion of such Ballots is attached as Exhibit B hereto. [Remainder ofpage intentionally left blank]