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Case 1 20-bk-12043 Doc 574-1 Filed 01/13121 Entered 01/13/21 11:38 01 Desc
<br />Exhibit 1- Proposed Confirmation Order Page 67 of 69
<br />Case 1:20-bk-12043 Doc 574-1 Filed 01/13/21 Entered 01/13/21 11 38:01 Desc
<br />Exhibit 1- Proposed Confirmation Order Page 68 of 69
<br />Section 13.07 Notices
<br />Any notice, request, or demand required or permitted to be made or provided under the
<br />Plan shall be (a) in writing, (b) served by (i) certified mail, term receipt requested, (11) hand
<br />delivery, (tit) overnight delivery service, (iv) first class mail, or (v) facsimile transmission, and (c)
<br />deemed to have been duly given or made when actually delivered or, in the case of notice by
<br />facsimile transmission, when received and telephonically confirmed, addressed as follows
<br />If to the Debtors
<br />Frost Brown Todd LLC
<br />Douglas L Lutz
<br />A J Webb
<br />3300 Great American Tower
<br />301 East Fourth Street
<br />Cincinnati, Ohio 45202
<br />Telephone (513)651-6800
<br />Facsimile (513) 651-6981
<br />dlutz@fbtlaw corn
<br />awebb@tbtlaw corn
<br />If to the Creditors' Committee
<br />Foley & Lardner LLP
<br />Geoffrey S Goodman
<br />321 North Clark Street
<br />Suite 2800
<br />Chicago, Illinois 60654
<br />Telephone (312) 8324500
<br />ggoodman(afoley corn
<br />and
<br />Barber Law PLLC
<br />T Kent Barber
<br />2200 Bums Drive
<br />Lexington, KY 40513
<br />Telephone (859) 2964372
<br />Email kbarber@baiberlawky com
<br />Section 13.08 Computation of Time
<br />In computing any period of time prescribed or allowed by the Plan, the provisions of Rule
<br />9006(a) of the Bankruptcy Rules shall apply
<br />Section 13.09 Governing Law
<br />Unless a rule of law or procedure is supplied by federal law (including the Bankruptcy
<br />Code and Bankruptcy Rules), the laws of (a) the State of Ohm shall govern the construction and
<br />Case 1:20-bk-12043 Doc 574-1 Filed 01/13/21 Entered 01/13/21 11 38 01 Desc
<br />Exhibit 1- Proposed Confirmation Order Page 69 of 69
<br />Dated January 13, 2021 HOPEDALE MINING LLC AND
<br />ITS AFFILIATED DEBTORS AND DEBTORS -
<br />IN -POSSESSION
<br />By Is/Richard A. Boone
<br />Richard A Boone, President and Chief Executive
<br />Officer of Debtors and Debtors -in -Possession
<br />OFFICIAL COMMITTEE OF UNSECURED
<br />CREDITORS OF HOPEDALE MINING LLC
<br />ETAL
<br />/s/GeoffrevS Goodman
<br />By Geoffrey S Goodman
<br />Counsel to the Official Committee of Unsecured
<br />Creditors of Hopedale Mining LLC, et al, as
<br />authorized signatory
<br />.22-B661-6 11
<br />implementation of the Plan and (except as may be provided otherwise many such agreements,
<br />documents, or instruments) any agreements, documents, and instruments executed in connection
<br />with the Plan and (b) the laws of the state of incorporation of the Debtors shall govern corporate
<br />governance matters with respect to the Debtor, in each case without giving effect to the principles
<br />of conflicts of law thereof
<br />Section 13.10 Exhibits
<br />All exhibits are incorporated into and are a part of this Plan as if set forth in full herein
<br />Holders of Claims or Equity Interests may also obtain a copy of any exhibit upon written request
<br />to the Debtors in accordance with Section 13 07 of the Plan To the extent any exhibit is
<br />inconsistent with the terms of the Plan, unless otherwise ordered by the Bankruptcy Court, the
<br />non -exhibit portion of the Plan shall control
<br />Section 13.11 Conflicts
<br />To the extent any provision of the Disclosure Statement or any instrument, document or
<br />agreement executed in connection with the Plan or any exhibits, schedules, appendices,
<br />supplements or amendments to the foregoing conflicts with or is in any way inconsistent with the
<br />terms of the Plan, the terms and provisions of the Plan shall govern and control To the extent of
<br />any inconsistency between the Plan and the Confirmation Order, the terns of the Confirmation
<br />Order shall govern and control
<br />Section 13.12 Exemption
<br />Under section 1145 of the Bankruptcy Code, the issuance of the beneficial interests in
<br />Liquidating Trust under the Plan shall be exempt from registration under the Securities Act of
<br />1933, as amended, and all applicable state and local laws requiring registration of secunties If the
<br />Liquidating Trustee determines, with the advice of counsel, that the Liquidating Trust is required
<br />to comply with the registration and reporting requirements of the Securities and Exchange Act of
<br />1934, as amended, or the Investment Company Act of 1940, as amended, then the Liquidating
<br />Trustee shall take any and all actions to comply with such reporting requirements and file
<br />necessary periodic reports with the Securities and Exchange Commission
<br />Section 13.13 Substitution of the Liquidating Trust for the Debtors
<br />On the Effective Date, the Liquidating Trust shall be deemed to be substituted as the party
<br />in lieu of the Debtors in all pending matters including but not limited to (i) motions, contested
<br />matters and adversary proceeding pending in the Bankruptcy Court, and (it) all matters pending in
<br />any courts, tribunals, forms or administrative proceedings outside of the Bankruptcy Court
<br />without the need or requirement for the Liquidating Trustee to file motions or substitutions of
<br />parries and counsel
<br />
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