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_GENERAL DOCUMENTS - C1981017 (179)
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_GENERAL DOCUMENTS - C1981017 (179)
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Last modified
11/2/2020 8:41:45 AM
Creation date
10/19/2012 10:19:19 AM
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DRMS Permit Index
Permit No
C1981017
IBM Index Class Name
GENERAL DOCUMENTS
Doc Name
Bid Documents (IMP) Court Appeals
Permit Index Doc Type
General Correspondence
Media Type
D
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No
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(ii) $7 , 000 in cash on the Effective Date, which <br /> shall cause the release of the deed of trust on the <br /> Carbondale Industrial Park securing reclamation of <br /> the Mid-Continent Quarry; and <br /> ( iii) the proceeds of the certificates of deposit <br /> securing reclamation of the Marblehead Quarry. <br /> Such property, or the Net Proceeds thereof, shall <br /> constitute forfeited bonds within the meaning of C.R.S . <br /> S 34-33-124 (4 ) , shall be held by the MLRB, and shall be <br /> expended pursuant to Section 4 . 3 .4 of the Plan. <br /> 4 . 3 .2 Augmentation of Reclamation Bond. The assets <br /> pledged to the MLRB and the OSM to secure the Reclamation <br /> Bond shall be augmented by cash payments from the <br /> Creditors ' Trust to the MLRB, in the amount of <br /> $3, 000, 000, less: <br /> ( i ) the Net Proceeds from the Rockdust Plant or, <br /> in the alternative, the proceeds realized by the <br /> MLRB and the OSM from foreclosure on the Rockdust <br /> Plant; <br /> ( ii) The costs set forth in the Reclamation Bond <br /> for work which is to be performed by M&E pursuant <br /> to the M&E Contract at no cost to the Debtor, as <br /> such work actually is performed; and <br /> (iii) the cost of reclamation work performed prior <br /> to the Effective Date pursuant to cash collateral <br /> orders entered by the Court, the cost of which <br /> shall be determined according to the costs for such <br /> work set forth in the Reclamation Bond. <br /> The : ' ;u: t. . •.• . i.? b; subparagraph ( iii) above <br /> shall occur in lieu of the recoupment of cash collateral <br /> from proceed:. of the Rockdust Plant provided under prior <br /> cash collateral, o: dor: of the Court. <br /> 4 . 3 . 3 No Othe-_F'.3 ment Under Plan. Class 5 claimants <br /> shall receive no other payment under the Plan, as the <br /> holder of administrative claims, general unsecured <br /> claims , or <br /> 4 . 3.4 Timing of Distributions and Expenditure of Funds . <br /> To the extent that funds to be provided to the MLRB <br /> pursuant to Sections 4 . 3 . 2 , 6 . 3 . 2 , and 6 . 3 .4 of the Plan <br /> are available , :.uch funds shall be distributed so as to <br /> permit the timely performance of the Reclamation Plan <br /> according to any reclamation schedule negotiated <br /> prospectively among the Debtor, the DMG, and the MLRB. <br /> 8 <br />
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