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1994-02-06_GENERAL DOCUMENTS - C1981017
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1994-02-06_GENERAL DOCUMENTS - C1981017
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2/1/2021 10:31:42 AM
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DRMS Permit Index
Permit No
C1981017
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
2/6/1994
Doc Name
Case No. 9211658 Debtors Disclosure Statement for Second Amendment Plan of Liquidation
Permit Index Doc Type
General Correspondence
Media Type
D
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No
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DRMS Re-OCR
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Signifies Re-OCR Process Performed
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The total amount of Class 9 claims, as scheduled or <br /> filed, approximates $15 million. <br /> The Plan provides that Class 9 claimants shall be paid <br /> from the Net Proceeds of the Creditors' Trust. Payments are made <br /> concurrently with the distributions to reclamation claims in Class <br /> 4 and environmental claims in Class 5. From each dollar <br /> distributed from the Creditors' Trust, 69 cents shall be <br /> distributed to Class 4 reclamation claims, 8 cents shall be <br /> reserved for Class 5 environmental claims, and 23 cents shall be <br /> distributed to Class 9 general unsecured claims. Funds distributed <br /> to Class 9 shall be distributed pro rata to the Allowed Claims in <br /> the class. Distributions shall continue until each Class 9 <br /> claimant has received an amount equal to 5% of its Allowed Claim. <br /> For a more complete discussion of the Creditors' Trust, <br /> see Section III.C, "Creditors' Trust, " on page 29 below. <br /> In accepting the Plan, a Class 9 claimant shall make an <br /> affirmative election that in consideration Sanwa's voluntary <br /> subordination of its senior secured claims, such claimant shall, <br /> upon the Effective Date, release all claims, if any, against Sanwa <br /> and its officers, directors, agents, and employees, arising out of <br /> such holder's claims against the Debtor; simultaneously, Sanwa <br /> shall release each accepting Class 9 claimant and its officers, <br /> directors, agents and employees. In addition, acceptance of the <br /> Plan by a Class 9 claimant shall constitute a release of all <br /> claims, if any, against Minerals, .Mineral's corporate affiliates <br /> and subsidiaries, and their respective officers, directors, agents, <br /> and employees, arising out of such holder's claims against the <br /> Debtor; simultaneously, Minerals and its corporate affiliates and <br /> subsidiaries shall release each accepting Class 9 claimant and its <br /> officers, directors, agents and employees. The release involving <br /> Minerals and its affiliates and subsidiaries becomes void if the <br /> distribution to Class 9 fails to total 5% of the allowed claims of <br /> that class on or before December 31, 1995. Minerals and its <br /> affiliates and subsidiaries are required to execute an agreement <br /> tolling any applicable statutes of limitations with respect to the <br /> assertion of such claims, to the extent that such statutes have not <br /> expired before December 1, 1993. Such statutes would again begin <br /> to run on January 1, 1996. <br /> Notwithstanding the foregoing, in the event that the Plan <br /> is not accepted by the holders of at least two-thirds of all Class <br /> 9 claims, the Plan shall be withdrawn and the releases given by <br /> virtue of any Plan acceptance by a Class 9 claimant shall be null <br /> and void. <br /> 10. Class 10 -- Pitkin Iron Corporation <br /> Class 10 consists of the allowed claims of Pitkin Iron <br /> arising before the filing of the Debtor's bankruptcy case. Three <br /> 25 <br />
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