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Case 120-bk-12043 Doc 578 Filed 01/13/21 Entered 01/13/21 16:5405 Desc Main
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<br />Case 120-bk-12043 Doc 578 Filed 01/13/21 Entered 01/13/21 16:5405 Desc Main
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<br />IN THE UNITED STATES BANKRUPTCY COURT
<br />FOR THE SOUTHERN DISTRICT OF OHIO
<br />IN RE: I Chapter 11
<br />HOPEDALE MINING LLC, et aZ,l Case No. 20-12043 (GRH)
<br />Debtors. (Jointly Administered)
<br />NOTICE OF FILING: (1) AMENDED PROPOSED CONFIRMATION ORDER;
<br />AND (II) REDLINE OF AMENDED PROPOSED CONFIRMATION ORDER
<br />PLEASE TAKE NOTICE that, on January 13, 2021, the Plan Proponents filed the Notice
<br />of Filing Proposed Confirmation Order in Connection with First Amended Joint Plan of Orderly
<br />Liquidation (Docket No. 574) (the "Proposed Confirmation Order").
<br />PLEASE TAKE FURTHER NOTICE that the Plan Proponents have revied the Proposed
<br />Confirmation Order to make technical corrections. Attached hereto as Exhibit 1 is the amended
<br />Proposed Confirmation Order (the "Amended Proposed Confirmation Order").
<br />PLEASE TAKE FURTHER NOTICE that attached hereto as Exhibit 2 is a redline of
<br />the Amended Proposed Confirmation Order to the Proposed Confirmation Order.
<br />[Signature page follows. Remainder dPage left blank.]
<br />The Debtors in these Chapter 11 cos are (with the last four digits of their federal tax identification
<br />numbers in parentheses): Rhino GP LLC (8619), Rhino Resource Partners LP (7517), Rhino Energy LLC (6320),
<br />Rhino Trucking LLC (8773), Rhino Exploration LLC (8863), Triad Roof Support Systems LLC (1183), Springdale
<br />Land LLC (9816), McClave Canyon Mining LLC (3783), Rhino Northern Holdings LLC (1858), CAM-01io Rest
<br />Estate LLC (1859), CAM -Colorado LLC (4269), Taylorville Mining LLC (5106), CAM Coal Trading LLC (4143),
<br />Castle Valley Mining LLC (9495), Jewell Valley Mining LLC (0270), Rhino Services LLC (3356), Rhino Oilfield
<br />Services LLC (8938), Rhino Technologies LLC (0994), CAM Mining LLC (2498), Rhino Coalfield Services LLC
<br />(3924), Hopedale Mining LLC (9060), CAM -Kentucky Rest Estate LLC (9089), CAM -BB LLC (9097), Leesville
<br />Land LLC (7794), CAM Ai-ft LLC (5467), Pevvyrile Energy LLC (6095), Rhino Eastern LLC (1457),
<br />Rockhouse Land LLC (7702),
<br />a The exhibits to the Amended Plan are not included in the redline
<br />Case 1:20-bk-12043 Doc 578-1 Filed 01/13/21 Entered 01/13/21 16:54:05 Desc
<br />Exhibit 1 -Amended Proposed Confirmation Order Page 1 of 68
<br />IN THE UNITED STATES BANKRUPTCY COURT
<br />FOR THE SOUTHERN DISTRICT OF OHIO
<br />In re_ ) Chapter 11
<br />Hopedale Mining, LLC, et al.,' ) Case No. 120-bk-12043(GRH)
<br />(Jointly Administered)
<br />Debtors.
<br />Honorable Guy R. Humphrey
<br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER (1) APPROVING THE
<br />DISCLOSURE STATEMENT ON A FINAL BASIS, AND (II) CONFIRMING THE
<br />JOINT PLAN OF ORDERLY LIOUIDATION [RELATED TO DOCKET NOS. 529. 5301
<br />THIS MATTER came before the Court for hearing on January 15, 2021 at 1030 a.m.
<br />(E.T.) (the "Confirmation Hearin,") to consider: (i) confirmation of the First Amended Joint
<br />Plan of Orderly Liquidation of Hopedale Mining LLC and its Affiliated Debtors under Chapter
<br />' The Debtors in these Chapter 11 cases are (with the last four digits of then federal tax identification numbers in
<br />parentheses): Rhino GP LLC (8619), Rhm. Resource P-en LP (7517), Rhino Energy LLC (6320), Rhino
<br />Trucking LLC (8773), Rhino Exploration LLC (8863), Triad Roof Support Systems LLC (1183), Springdale Land
<br />LLC (9816), McClave Canyon Mining LLC (3783), Rhino Northern Holdings LLC (1858), CAM -Ohio Real Estate
<br />LLC (1859), CAM -Colorado LLC (4269), Taylorville Mining LLC (5106), CAM Coal Trading LLC (4143), Castle
<br />Valley Mining LLC (9495), Jewell Valley Mining LLC (0270), Rhino Services LLC (3356), Rhino Oilfield Services
<br />LLC (8938), Rhino Technologies LLC (0994), CAM Mining LLC (2498), Rhm. Coalfield Services LLC (3924),
<br />Hopedale Mining LLC (9060), CAM -Kentucky Real Estate LLC (9089), CAM -BB LLC (9097), Leesville Land
<br />LLC (7794), CAM Aircraft LLC (5467), Penvyrile Energy LLC (6095), Rhino Eastern LLC (1457), Rockhouse
<br />Land LLC (7702),
<br />Dated: January 13, 2021 Respectfully submitted,
<br />FROST BROWN TODD LLC
<br />Is/A.J. Webb
<br />Douglas L. Lutz
<br />A.J. Webb
<br />3300 Great American Tower
<br />301 East Fourth Street
<br />Cincinnati, Ohio 45202
<br />Tel: (513) 651-6800
<br />Fax: (513) 651-6981
<br />E-mail: dlutz@tbtlaw.com
<br />awebb@fbtlaw.com
<br />ATTORNEYS FOR DEBTORS AND DEBTORS -
<br />IN -POSSESSION
<br />FOLEY & LARDNER LLP
<br />Geoffrey S. Goodman
<br />(admitted pro hac vice)
<br />Matthew L. Lee
<br />(admitted pro hac vice)
<br />321 North Clark Street, Suite 2800
<br />Chicago, Illinois 60654
<br />Telephone: (312) 832-4500
<br />Email: ggoodman@foley.com
<br />mdtee@foley.com
<br />-and-
<br />BARBER LAW PLLC
<br />/s/ T. Kent Barber
<br />T. Kent Barber
<br />2200 Burrus Drive
<br />Lexington, KY 40513
<br />Telephone:(859) 296-4372
<br />kbarber@bmberlawky.com
<br />COUNSEL FOR THE OFFICIAL COMMITTEE
<br />OF UNSECURED CREDITORS OF
<br />HOPEDALE MINING LLC, ET AL.
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<br />Case 1:20-bk-12043 Doc 578-1 Filed 01/13/21 Entered 01/13/21 16:54:05 Desc
<br />Exhibit 1 -Amended Proposed Confirmation Order Page 2 of 68
<br />11 of the Bankruptcy Code (Docket No. 529) (the "First Amended Plan"), as amended as set
<br />forth in this Order and the Memorandum in Support of Confirmation ofFirst Amended Joint Plan
<br />of Orderly Liquidation afxapedale Mening, LLC and its Affiliated Debtors Under Chapter Hof
<br />the Bankruptcy Code (Docket No. 573) (the "Confirmation Memorandum," and collectively
<br />with the First Amended Phan, the "Plan");2 (a) the approval, on an final basis, of the First
<br />Amended Joint Disclosure Statement Pursuant to Section 1125 of the Bankruptcy Code with
<br />Respect to the Joint Plan of Orderly Liquidation of Hopedale Mining, LLC and its Affiliated
<br />Debtors Under Chapter 11 of the Bankruptcy Code (Docket No. 530) (the "Disclosure
<br />Statement") filed by the above -captioned debtors and debtors -in -possession (the "Debtors") and
<br />the Official Committee of Unsecured Creditors of the Debtors (the "Committee," and
<br />collectively with the Debtors, the "Proponents"). This Court, having considered: (i) the Phan;
<br />(a) the Disclosure Statement; (in) the Confirmation Memorandum, including the (x) Declaration
<br />of Thomas Fairfield in Support of Confirmation of First Amended Joint Plan of Liquidation
<br />Under the Bankruptcy Code attached to the Confirmation Memorandum (the "Fairfield
<br />Declaration") and (y) Declaration of Emily Young of Emil Corporate Restructuring LLC
<br />Regarding Voting and Tabulation of Ballots Cast on Debtors' First Amended Joint Plan of
<br />Liquidation Under the Bankruptcy Code attached to the Confirmation Memorandum (the
<br />"Youn, Declaration"); (tv) any evidence presented at the Confirmation Hearing, including the
<br />proffers, statements and representations of counsel, the modifications, amendments and additions
<br />to the Phan announced on the record by counsel for the Proponents or as set forth in the
<br />Confirmation Memorandum, which have been incorporated in writing into this Order, and
<br />a Unless otherwise defined herein, capitalized tense shall have the meanings -hied to such terms in the Plan.
<br />Any teen used in the Plan or this Order that is not defined in the Plan or this Order, but that is used in the
<br />Bankruptcy Code (as defined below) or the Federal Rules of Bmkmptcy Procedure (the `11-kruptw Rules")
<br />shall have the meaning -hied to such teen in the Bankruptcy Code ar the Bankruptcy Rules, as applicable.
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