40. The Debtors submit that the notice procedures proposed regarding the Notice Parties (including notice to Holders of Customer Claims) satisfies the requirements of the Bankruptcy Code and Bankruptcy Rule 3017(d). Accordingly, the Debtors request that the Court approve the form and manner of notice described herein.
Establishment of Voting Record Date and Timing of
Distribution of Solicitation Packages.
41. Within two (2) business days after entry of the Disclosure Statement Order (the “Solicitation Commencement Date”), the Debtors will commence distribution of the Solicitation Package to Voting Classes and to the Solicitation Package Recipients.
42. Also on the Solicitation Commencement Date, the Debtors will distribute the Confirmation Hearing Notice to the Notice Parties.
43. Further, on the Solicitation Commencement Date, the Debtors will implement the Customer Notice Procedures by issuing a press release and posting the Confirmation Hearing Notice on the Debtors’ website.
Approval of Forms of Ballots.
44. Bankruptcy Rule 3017(d) requires the Debtors to mail a form of ballot to “creditors and equity security holders entitled to vote on the plan.” Fed. R. Bankr. P. 3017(d). The Debtors propose to distribute to each of certain creditors, as described below, a Ballot substantially in the forms attached as Exhibit B (i.e., Exhibit B-1 is the Class 5 Ballot Form and Exhibit B-2 is the Class 6 Ballot Form). The forms of the Ballots are based upon Official Form No. 14, but have been modified to address the particular aspects of these Bankruptcy Cases.