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B. Voting on Plan <br /> Votes to accept or reject the Plan may be filed by <br /> holders of claims which fall within impaired classes under the <br /> Plan. <br /> Class 1 (property taxes) , Class 3 (Caterpillar) , and <br /> Class 7 (general unsecured claims not exceeding $200) are <br /> unimpaired under the Plan. All other classes are impaired. <br /> Class 10 (Pitkin Iron Corporation) , Class 12 (Mid- <br /> Continent Minerals and other insiders) and Class 13 (shareholders) <br /> receive nothing under the Plan. They thus are deemed to have <br /> rejected the Plan and are not required to vote. <br /> Class 4 (Sanwa) , Class 2 (Patsantaras) , Class 5 <br /> (reclamation claims) , Class 6 (environmental claims) , Class 8 <br /> (general unsecured claims $10,000 or less) , Class 9 (general <br /> unsecured claims over $10,000) , and Class 11 (former shareholders) <br /> may vote on the Plan. Ballots for voting on the Plan, are being <br /> distributed to the holders of claims in those Classes. <br /> 1. Votes to be Counted <br /> In determining acceptance of the Plan, a vote generally <br /> will be counted if submitted by a holder of an impaired claim whose <br /> claim is duly scheduled by the Debtors as undisputed, non- <br /> contingent and liquidated; or who has timely filed with the Court <br /> a proof of claim as to which no objection has been filed prior to <br /> computation of the votes on the plan; or whose claim has been <br /> allowed by the Court or temporarily estimated for voting purposes. <br /> The Ballot Form which you receive does not constitute a <br /> proof of claim. If you are uncertain whether or if your claim has <br /> been correctly scheduled, you may review the Debtor's Schedules <br /> which are on file in the Office of the Clerk of the Bankruptcy <br /> Court, 721 19th Street, Denver, Colorado 80202, or inquire by <br /> telephone or mail to counsel for the Debtor. <br /> 2. Acceptance by Impaired Class of Claims <br /> Pursuant to Section 1126 of the Bankruptcy Code, Classes <br /> 2, 4, 5, 6, 8, 9, and 11 shall be deemed to accept the Plan if at <br /> least: <br /> a. More than fifty percent of the number creditors <br /> holding allowed claims who cast ballots vote to accept <br /> the Plan; and <br /> b. More than two-thirds of the aggregate dollar amount <br /> of the allowed claims casting ballots vote to accept the <br /> Plan. <br /> 42 <br />