THE COURT HEREBY FINDS, ORDERS, AND DETERMINES THAT:
1. Pursuant to section 1125(b) of the Bankruptcy Code and Rule 3017(b) of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), (a) the Disclosure Statement2 is approved as containing adequate information within the meaning of section 1125 of the Bankruptcy Code, and (b) to the extent not withdrawn, settled or resolved, all objections to the Disclosure Statement are overruled.
2. The Disclosure Statement and the relief requested in the Motion are hereby approved.
3. For voting purposes and for the purposes of the mailing of notices and Solicitation Packages (as defined below), _________________, 2017 shall be the “Record Holder Date” for holders of Claims.
4. The forms of Ballots for Classes 5 and 6 attached as Exhibit B-1 and Exhibit B-2, respectively, are hereby approved.
5. The Confirmation Hearing Notice in substantially the form attached to the Motion as Exhibit C is hereby approved. The Debtors are directed to serve copies of the Confirmation Hearing Notice, along with the other materials comprising the Solicitation Package, in accordance with the procedures set forth herein and in the Motion.
6. On or before _______, 2017, the Debtors shall cause to be deposited in the United States mail, postage prepaid, a solicitation package (the “Solicitation Package”) that shall include the following: (a) a copy of the proposed Joint Plan of Reorganization of Cosi, Inc., Xando Cosi of Maryland, Inc., Cosi Sandwich Bar, Inc., Hearthstone Partners, LLC, and Hearthstone Associates, LLC (the “Plan”); (b) a copy of the Disclosure Statement, as approved by the Court in this Order (with exhibits); (c) an appropriate Ballot, substantially in the form of the respective Ballot attached to the Motion as Exhibit B-1 and Exhibit B-2 (as applicable); (d) a copy of this Order; and (e) a pre-addressed return envelope.
Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Motion.