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<br />Exhibit A -Declaration of Emily Young Page 1 of 9
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<br />Exhibit A - Declaration of Emily Young Page 2 of 9
<br />Exhibit A
<br />(Declaration of Emily Young of Epiq Corporate Restructuring, LLC)
<br />Case 1 20-bk-12043 Doc 573-1 Filed Ol/13/21 Entered OIJ13/21 11.03,53 Desc
<br />Exhibit A -Declaration of Emily Young Page 3 of 9
<br />relevant documents I am authorised to submit this Declaration on behalf of Epiq If I were called
<br />upon to testify, I could and would testify competently as to the facts set forth herein
<br />3 In accordance with (a) the Order Auilurming the Debtors to Retaui and Emplav
<br />Epiq Carporaie Restructuring LLC as Adnnnuu alive Advisor Effective asof the Petition Date
<br />[Docket No 2301, and (b) the Order (A) Scheduling Combined Hearing —Approval of
<br />Disclosure Statement and Confirmation of Plan ofLigmdaaon, (B) Establishing Procedures for
<br />Solmitatmn and Tabulation of Votes on Plan and (C) Approved Related Dates, Forms and
<br />Procedures Doc 511 [Docket No 533] (the "Solicitation Procedures Order"), Epiq was
<br />appointed and authorized to assist the Debtors with, inter alia, soliciting, receiving, reviewing,
<br />determining the validity of, and tabulating Ballots cast on the Plan by holders of Claims in the
<br />Voting Classes (as defined below)
<br />4 Pursuant to the Plan and the Solicitation Procedures Order, only holders of Claims
<br />in the following Classes (the "Voting Classes") were entitled to vote to accept or reject the Plan
<br />Class
<br />Daeriotion
<br />Class 1
<br />Other Priority Claims
<br />Class 3
<br />DIP Lender Claims
<br />Class 4
<br />Prepetition Lender Claims
<br />Class 5
<br />General Unsecured Claims
<br />5 The procedures for the solicitation and tabulation of votes on the Plan are outlined
<br />in the Solicitation Procedures Order Epiq was instructed by the Debtors to solicit, review,
<br />determine the validity of and tabulate Ballots submitted by holders of Claims in the Voting Classes
<br />in accordance with the Solicitation Procedures Order
<br />IN THE UNITED STATES BANKRUPTCY COURT
<br />FOR THE SOUTHERN DISTRICT OF OHIO
<br />In re ) Chapter I l
<br />Hopedale Mining LLC, et al,' ) Case No. 20-12043 (GRH)
<br />(Jointly Administered)
<br />Debtors )
<br />DECLARATION OF EMILY YOUNG
<br />OF EPIQ CORPORATE RESTRUCTURING, LLC
<br />REGARDING VOTING AND TABULATION OF BALLOTS CAST ON
<br />DEBTORS' FIRST AMENDED JOINT PLAN OF ORDERLY LIQUIDATION
<br />1, Emily Young, declare, under penalty of perjury
<br />1. I am a Senior Consultant of Epiq Corporate Restructuring, LLC ("Epiq") located
<br />at 777 Third Avenue, 12th Floor, New York, New York 10017 I am over the age of 18 years
<br />I do not have a direct interest in these chapter 11 cases and should be considered an imparttal party
<br />2 I submit this declaration (the "Declaration") with respect to the solicitation and
<br />tabulation of votes cast on the Debtors' First Amended Joint Plan of Orderly Liquidation of
<br />Hopedale Mining LLC and its Affilwted Debtors Under Chapter 11 of the Bankruptev Code (as
<br />amended, supplemented, or modified from time to time, the "Plan') 3 Except as otherwise
<br />indicated herein, all facts set forth herein are based upon my personal knowledge or my review of
<br />Jbe neamn m Mae C _ 11 ua me (wM We tin — Mgva — redeal Wmu! ,w vmnbma m pmoMeuel Rhino GP
<br />LLC (8419L Rhino Rvwvee Parmas LP (]51]A Rhino Fmgy LLC 1d32a), Rh,m Tmekmg LLC (gJJ3), RWm Fxpbrmm LLC (g p
<br />LIX Rmf SC-i-g1- LLC (11g3), g1859), fed LLC i9g16),4269), Covov Mwvg LLC (JJgt) Rhino—T Holdmgv
<br />LLC ); r CAMky M Rol Eau LLC (1 11 CA 1 Mo ,,o LLC (dr69), Trylmvdle Mmmg LLC 6), Rr CAM Cool Tmdmg LLC
<br />(ii_ Corm, vilky Mmmg ILC rM), C 1 M Velk, Mmmg LLC (03 C Rhino Swma LLC i9N) Rhino it a— ( LLC
<br />(g93gF Rhino Ta#s — LLf 10090i. CAM Mmmg LLC ('-) Rhino Col—(7 v). LLC (J926) Hop l Mmmg LLC (90 &
<br />CAM -Rem Yy Rxl Esau LLC 1457) CAM -BB 11C (909]) Loavdle Lind LLC (]]91), CAM Auena LLC 1546t), PewyNe Energy
<br />LLC �6095), RLmo Euem LLC (Id5)) 0.odhoum Lod LLC I7)02)
<br />Capitaivsd terms used but .ot othe def,ed here, shell have the ,ean,gs set forth in the Plan or be
<br />Sohn.u-Proved— Otder(. dcf,ed hero.)
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<br />Exhibit A -Declaration of Emily Young Page 4 of 9
<br />6 The Solicitation Procedures Order established November 20, 2020 as the record
<br />date for determining the holders of Claims in the Voting Classes entitled to vote on the Plan (the
<br />"Voting Record Date")
<br />7 In accordance with the Solicitation Procedures Order, Epiq solicited the holders of
<br />Claims in the Voting Classes m of the Voting Record Date Eprq's Affidavit of Service of
<br />Solicitation Materials [Docket No 555] was filed with the Court on December 9, 2020
<br />8 For a Ballot to be counted as, valid, the Ballot must have been properly completed
<br />in accordance with the procedures set forth in the Solicitation Procedures Order, executed by the
<br />relevant holder, or such holder's authorized representative, and must have been received by Epiq
<br />by December 30, 2020, 5 00 p in (prevailing Eastern Time) (the "Voting Deadline")
<br />9 All validly executed Ballots cast by holders of Claims in the Voting Classes
<br />received by Epiq on or before the Voting Deadline were tabulated as outlined in accordance with
<br />the Solicitation Procedures Order I declare that the results of the voting by holders of Claims in
<br />the Voting Classes are as set forth in Exhibit A hereto, which is a time and correct copy of the final
<br />tabulation of votes cast by timely and properly executed Ballots received by Epiq
<br />10 A report of all Ballots received but not included in the tabulation prepared by Epiq
<br />and the reasons for exclusion of such Ballots is attached as Exhibit B hereto
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