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1. As set forth in the Disclosure Statement, the identity and affiliations of any <br />successors to the Debtors under the Plan have been fully disclosed and are consistent with the <br />interests of creditors and equity security holders and with public policy as required by 11 U.S.C. <br />§ 1129(x)(5). No Insiders will have any employment or any officer, director or management role <br />subsequent to Confirmation under the Plan. <br />7. There exists no govemmentaf regul:uory commission having jurisdiction aver the <br />Debtors and the Plan does not provide for any rate changes requiring the approval of a <br />governmental regulatory commission as contemplated by 11 U.S.C. § 1129(x)(6}. <br />K. With respect to each impaired Class of Claims oc Interests, each holder of a Claim <br />or Tnterest of such Class has accepted the Plan or will receive or retain under the Plan on account <br />of such Claim or Interest, property of a value, as of the Effective Date of the Plan, that is not ]ess <br />than the amount that such holder would receive or retain if the Debtors were liquidated under <br />Chapter 7 of the Bankruptcy Code on such date as is required by 11 U.S.C. § 1129(a)(7)(A). In <br />addition, I 1 U.S.C. § l l l t(b}(2) of the Bankruptcy Code does not apply to the Claims of any <br />Class, as no election pursuant to that section has been made in either case. <br />L. The Plan provides that holders of Claims of the of the types specified in 1 t U.S.C. <br />§ 507(x)(1) will receive, on account of such Claims, each equal to the allowed amount of such <br />Claims ar such different treatment as agreed to by the particular holders of such Claims pursuant <br />to 11 U.S.C. § 1129(x){9){A). Section S07(ax2) of the Bankruptcy Code does not apply to the <br />Claims of any holders in these cases. In addition, the Plan complies in all respects to 11 U.S.C. <br />§ 1129(a)(9)(B) and (C) in the treatment of Priority Claims, including Class 1 and Class A <br />C[sims, under the Plan. <br />M. At least one Class of Claims that is impaired under the Plan has accepted the Plan, <br />determined without including any acceptance of the Plan by any insider in accordance with 11 <br />U.S.C. § 1129(a)(10). Specifically, impaired Classes 2.3, 4, 5, 7, $, C, E, G, I and J have voted <br />to acceptthc Plan. <br />N. Because the Plan provides for the transfer of substantially all of the Debtors' <br />assets to CIG, the Plan complies with 11 U.S.C. ~ 1129(x)(11) in that confirmation of the Plan is <br />not likely la he followed by the liquidation, or the need for further financial reorganization, of <br />the Debtors or any reorganized Debtors. ]n addition, the Cash Paymen[ has been deposited into <br />escrow with the bebtors' caunsel and all distributions to be made under the Plan will be made <br />from the Cash Payment on deposit ~° ^° ffective Date of the Pian. <br />p¢7~ 1~a~s.''''~ <br />O. All fees payable under 28 U. .C. § 1930 have been paid, or the Plan provides for <br />the payment of all such fees on the Effective Rate of the Plan us required by 11 U.S.C. <br />§ I l29(a}(12) and, pursuant to Article 9.11 of the Plan, until such time as a Final Decree is <br />entered in the case, the Debtors shall cantinue to remit quarterly fees and post-confirmation <br />reports to the United States Trustee. <br />P. Because the Debtors maintain no benefit plans, the pmvisions of 11 U.S.C. <br />1129(x){l3) are not applicable to these cases. <br />U;1L(N[:yileadingxlCOtJFIRMATEaN GRUER 050504 v2.IdOC.AOS 3 <br />UI3752 <br />