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SEC Filings

COSI INC filed this Form 8-K on 02/13/2017
Entire Document

27.          Specifically, the Disclosure Statement contains a number of categories of information that courts consider “adequate information,” including:

A summary of the Plan (Article 6);

A summary of the classifications and treatment of all Classes of Claims and Interests (Article 6.2-6.4);

Provisions governing distributions under the Plan (Articles 6.2—6.4 & 6.7);

A description of the Debtors’ prepetition indebtedness (Article 4.1.C);

The history of the Debtors’ Business, including the events leading up to the commencement of these Bankruptcy Cases (Articles 4.1.A—4.1.D);

A description of the Debtors’ projected financial information (Exhibit C);

A description of the solicitation procedures (Article 3);

A description of the voting  procedures (Article 3);

A description of settlements in the Plan (Articles 2.1 & 6.7);

The means for implementation of the Plan (Article 6.7);

Certain federal income tax law consequences of the Plan (Article 7.2); and

The value of the Debtors’ assets (Article 4.2).

28.          Accordingly, the Debtors submit that the Disclosure Statement contains adequate information within the meaning of section 1125 of the Bankruptcy Code and, therefore, should be approved.  The Debtors have proposed a Disclosure Statement that renders the Plan and process understandable.4  The Debtors believe that the proposed Disclosure Statement contains “adequate information,” as that phrase is defined in section 1125(a)(1) of the Bankruptcy Code.  Accordingly, the Debtors request that the proposed Disclosure Statement be approved.

The Debtors reserve the right to amend and supplement the proposed Disclosure Statement prior to the Disclosure Statement Hearing to incorporate additional information, including additional exhibits thereto.  The Debtors further request that this Court authorize the Debtors, with the reasonable consent of the Committee, to make non-material changes to the Disclosure Statement, including completing any blanks, making changes required for clarification or correcting grammatical and typographical errors, without further Order of this Court.

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