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1993-01-18_GENERAL DOCUMENTS - C1981017
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1993-01-18_GENERAL DOCUMENTS - C1981017
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1/25/2021 1:52:26 PM
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DRMS Permit Index
Permit No
C1981017
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
1/18/1993
Doc Name
Case No. 92 11658 Debtors First/Second Amended Plan of Liquidation
Permit Index Doc Type
General Correspondence
Media Type
D
Archive
No
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DRMS Re-OCR
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Signifies Re-OCR Process Performed
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5 . 1. 1 Professional Fees and Expenses. Notwithstanding <br /> Section 5. 1 of Plan, professionals employed pursuant to <br /> Section 327 of the Bankruptcy Code, and entities who may <br /> be entitled to the allowance of fees or the reimbursement <br /> of expenses from the estate of the Debtor pursuant to <br /> subparagraphs (2 ) through (6) of S 503(b) of the <br /> Bankruptcy Code, shall receive cash in the amount allowed <br /> to such professionals and entities at such times and only <br /> in accordance with a final order of the Court entered <br /> pursuant to SS 330, 331, or 503 (b) (2 ) through ( 6) of the <br /> Bankruptcy Code. <br /> 5. 1.2 Mid-Continent Minerals. Notwithstanding Section <br /> 5. 1 of the Plan, Minerals and its affiliates and <br /> subsidiaries (which specifically do not include Pitkin <br /> Iron Corporation) shall receive or retain nothing under <br /> the Plan on account of post-petition loans, advances, <br /> services, or other credit extensions, in any form, to the <br /> Debtor. <br /> 5.2 Tax Priority Claims. Each Allowed Claim having <br /> unsecured priority pursuant to Section 507 (a) (7 ) of the Bankruptcy <br /> Code, including claims of the State of Colorado for severance taxes <br /> and sales and use taxes, shall receive, from the Creditors' Trust, <br /> deferred cash payments, over a period not exceeding six years after <br /> the date of assessment of such claim, together with interest froog�¢¢ <br /> the Effective Date accrued at the rate of 6% per annum, compounde8 <br /> annually. <br /> ARTICLE VI <br /> EXECUTION AND IMPLEMENTATION OF THE PLAN <br /> 6. 1 Payments on Effective Date. All cash payments to be <br /> made on the Effective Date to claims in Classes 3, 5, 7, 8, and 11 <br /> or to administrative claims shall be paid by the Debtor from the <br /> Debtor's cash assets existing on the Effective Date. In the event <br /> that any such claims are not Allowed Claims on the Effective Date, <br /> the Debtor shall reserve funds for such claims. After such claims <br /> have been allowed and paid, the Debtor shall transfer any excess <br /> reserve funds to the Creditors' Trust pursuant to Section 6.2 .2 of <br /> the Plan. <br /> 6.2 Creditors' Trust. The Creditors' Trust shall be <br /> established on the Effective Date in accordance with the following <br /> terms and provisions: <br /> -12- <br />
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