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SEC Filings

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

THE DEBTORS [AND THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS] RECOMMEND THAT YOU VOTE TO ACCEPT THE PLAN.

IN ORDER FOR YOUR VOTE TO BE COUNTED, THE BALLOT MUST BE PROPERLY COMPLETED, SIGNED AND RETURNED SO THAT IT IS RECEIVED BY THE DEBTORS BY 4:30 P.M. PREVAILING EASTERN TIME ON APRIL ______, 2017 (THE “VOTING DEADLINE”).
 
 
PLEASE COMPLETE THE FOLLOWING:

ITEM 1:          Amount of Claim.  For purposes of voting to accept or reject the Plan, the undersigned holds a Class 5 Claim against one or more of the Debtors in the unpaid amount of $______________.

ITEM 2:          Vote on the Plan.  The undersigned Holder of a Class 5 Claim against one or more of the Debtors hereby votes to:

Check one box:
 ACCEPT the Plan

 REJECT the Plan

ITEM 3:          Article X.F. of the Plan includes provisions that provide that Holders of Impaired Claims will release, to the maximum extent permitted by applicable law, any claims or causes of action against certain specified non-Debtor parties (i.e., the Released Parties), which releases are included in the Plan in exchange for the funds such parties provided to fund creditor Distributions under the Plan and for settlements of those parties’ Claims against the Debtors (such release, as set forth in Article X.F. of the Plan, the “Third-Party Release”).  As a Holder of an Impaired Claim, you should read Article X.F. of the Plan carefully as it affects your rights.  If you do not consent to the Third-Party Release being given by you in consideration for the value you will receive as a creditor under the Plan, you must return this Ballot with the box set forth below checked in order to “opt out” of the Third-Party Release.  If you return this Ballot without the box checked below, you will be deemed to consent to the Third-Party Release.

Opt-Out (optional):      The undersigned does not consent to the Third-Party Release.

ITEM 4:          Acknowledgements and Certification.  By signing this Ballot, the undersigned acknowledges that the undersigned has been provided with a copy of the Disclosure Statement, dated _______________, 2017, including all exhibits thereto.  The undersigned certifies that (i) it is the holder of the Claim against or Interest in the Debtor described in this Ballot, and (ii) the undersigned has full power and authority to vote to accept or reject the Plan.  The undersigned understands that if the Ballot is validly executed but does not indicate either acceptance or rejection of the Plan, then this Ballot will be counted as an acceptance of the Plan.  The undersigned further acknowledges that the Debtors’ solicitation of votes is subject to all terms and conditions set forth in the Disclosure Statement.
 
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