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Yes...it specifically says that in the disclosure.

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Post# of 8802
(Total Views: 1657)
Posted On: 05/18/2017 12:26:37 PM
Posted By: Wilma6311
Re: 420 Stocks #8686
Yes...it specifically says that in the disclosure. The Exhibit is D as it is attached to the Plan and A as it is attached to the Disclosure. If you scroll to that Exhibit it says...

BID PROCEDURES ON SALE OF MEMBERSHIP INTERESTS
IN THE EVENT OF SALE BASED ON ABSOLUTE PRIORITY RULE


Quote:
4.12 Class 12: Interest Claims
Class 12 consists of Interest Claims. Upon entry of the Confirmation Order, prepetition shares will be canceled. New stock in the Reorganized Debtor shall be issued (“PostPetition Shares”) to KHC, LLC, a Georgia Limited Liability Company (“KHC”) in exchange for a cash infusion in the amount of $500,000.00 which such funds shall be used to pay administrative expense claims and otherwise fund the operations and plan obligations of the Debtor. Kil Won Lee, the president of the Debtor, is the sole shareholder of KHC. If Class 11 does not vote to accept the Plan as a Class, then the following additional terms shall apply: KHC shall purchase
100% of the equity interest of the reorganized debtor. Such purchase may be subject to competing bids in the market place under certain circumstances. Specifically if Class 11 of unsecured claims do not vote to accept the Plan as a class as set forth in this provision, then, in that event third parties may be able to purchase the equity interest in the Reorganized Debtor complying with the Bid Procedures attached to the Disclosure Statement as “Exhibit D” and the Plan as Exhibit “A” or as otherwise ordered by the Court. The requirement for, sufficiency and validity of any such bid shall be subject to the approval and review of the Court at the Confirmation Hearing.

The holders of Class 12 Claims are deemed to accept the Plan.




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