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SEC Filings

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

The Disclosure Statement Order;

The applicable form of Ballot, substantially in the form approved by the Court;

A pre-addressed return envelope;

A copy of the Disclosure Statement, as approved by the Court, with the Plan and other exhibits attached thereto; and

Such other materials as the Court may direct, if any.

35.          In addition to the Voting Classes, the Debtors will also serve the Solicitation Package (without the Ballot materials) on:  (i) the United States Trustee; (ii) counsel to LIMAB; (iii) the Debtors’ secured creditors other than the Noteholders; (iv) the Internal Revenue Service and all other known taxing authorities with potential Claims against the estates; (v) the Attorneys General of any states where the Debtors have operated; (vi) the Securities and Exchange Commission; (vi) counsel to the Committee; and (vii) any party which has filed, prior to the date of the entry of the Disclosure Statement Order, a request for service of pleadings in this case (collectively, with the Voting Classes, the “Solicitation Package Recipients”).

36.          Under the Plan, Holders of Claims in (i) Class 1 (Priority Claims), (ii) Class 2 (JP Morgan Chase Secured Claim), (iii) Class 3 (Continuing Employment Claims), (iv) Class 4 (Customer Claims), (v) Class 7 (Intercompany Claims), and (vi) Class 9 (Intercompany Interests) (collectively, the “Unimpaired Creditors”) are not impaired under the Plan.   Such Holders are therefore deemed to have accepted the Plan pursuant to section 1126(f) of the Bankruptcy Code.  Furthermore, consistent with section 1126(g)(1) of the Bankruptcy Code and Bankruptcy Rule 3017(d), Holders of Existing Equity Interests in Class 8 will receive nothing under the Plan and, therefore, all Holders of Class 8 Interests are conclusively presumed to reject the Plan (the “Rejecting Interest Holders”).

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