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GENERAL41425
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GENERAL41425
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Last modified
8/24/2016 8:09:14 PM
Creation date
11/23/2007 11:11:03 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977376
IBM Index Class Name
General Documents
Doc Date
1/6/1994
Doc Name
MEMO IN SUPPORT OF 2ND MOTION OF REORGANIZED DEBTORS DATED 1/4/94 FOR ENTRY OF ORDER IN AID OF CONSU
Media Type
D
Archive
No
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Grange Aff. 1 5. On July 1, 1993, Reorganized Debtors filed a <br />Standard Termination Notice with PSGC. 29 C.F.R. § 2617.2!i <br />(1992); Grange Aff. 16. If PBGC had objected to the <br />termination, that agency would have sent CF6I a Notice of <br />Noncompliance by August 31, 1993, and the termination woul<i have <br />been rendered null and void, or, at a minimum, would have been <br />delayed. 29 C.F.R. §§ 2617.26 and 2617.27 (1992). <br />CF&I did not receive a Notice of Noncompliance from PBGC. <br />CF&I now is prepared to close out the Plan and distribute iChe <br />plan assets through the purchase of qualified termination annuity <br />contracts.Z Before doing so, however, CF&I must contribute: <br />funds to the Plan in an amount sufficient to satisfy benefit <br />liabilities under the Plan (commonly referred to as a "topping <br />off" contribution.) It is the potential amount of this <br />contribution that prompts CFSI to file this Motion. <br />III. DIBCDBBION <br />A. Although The "Toonina Off" Contribution To The Plan A:Lreadv <br />CF6I believes that it already has been authorized, through <br />the Plan of Reorganization confirmation process, to make the <br />contribution necessary to "top off" the Plan and to fund an <br />ZCF6I must distribute the assets of the Plan no later than 180 <br />days after August 31, 1993, the proposed date of plan <br />termination, as required by 29 C.F.R. § 2617.28 (1992), i.e., by <br />February 27, 1994. <br />4 <br />
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