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SEC Filings

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

Upon approval of the disclosure statement,––except to the extent that the court orders otherwise with respect to one or more unimpaired classes of creditors or equity security holders––the debtor in possession, trustee, proponent of the plan, or clerk as the court orders shall mail to all creditors and equity security holders, and in a chapter 11 reorganization case shall transmit to the United States trustee,

the plan or a court-approved summary of the plan;

the disclosure statement approved by the court;

(3)          notice of the time within which acceptances and rejections of the plan may be filed; and

(4)          any other information as the court may direct, including any court opinion approving the disclosure statement or a court-approved summary of the opinion.

In addition, notice of the time fixed for filing objections and the hearing on confirmation shall be mailed to all creditors, equity security holders, and indenture trustees in accordance with Rule 2002(b), and a form of ballot conforming to the appropriate Official Form shall be mailed to creditors and equity security holders entitled to vote on the plan . . . .

Fed. R. Bankr. P. 3017(d).

33.          Under the Plan, only Holders of Claims in the Voting Classes are entitled to vote to accept or reject the Plan.

34.          As further discussed below, after the Court has approved the proposed Disclosure Statement as containing adequate information pursuant to section 1125 of the Bankruptcy Code, the Debtors propose to distribute by first class mail to parties in the classes entitled to vote on the Plan (i.e., the Voting Classes) a package containing solicitation materials (the “Solicitation Package”) including:

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