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Case 13-12211-BLS
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: LONGVIEW POWER, LLC, et al.,1 Debtors.
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Chapter 11 Case No. 13-12211 (BLS) Jointly Administered Re: Docket No. 443
NOTICE OF FILING OF AMENDED EXHIBIT A (GENERAL UNSECURED CASH POOLS) TO THE DEBTORS’ JOINT PLAN OF REORGANIZATION PURSUANT TO CHAPTER 11 OF THE BANKRUPTCY CODE PLEASE TAKE NOTICE that, on November 13, 2013, the above-captioned debtors and debtors in possession (collectively, the “Debtors”) filed the Debtors’ Joint Plan of Reorganization Pursuant to Chapter 11 of the Bankruptcy Code [Docket No. 443] (the “Plan”).2 PLEASE TAKE FURTHER NOTICE that attached to the Plan as Exhibit A is an analysis of the Unsecured Creditor Cash Pool and the Unsecured Rejecting Creditor Cash Pool (the “Plan Exhibit A”). PLEASE TAKE FURTHER NOTICE that attached hereto as Exhibit 1 is an amended Plan Exhibit A (the “Amended Plan Exhibit A”). The Amended Plan Exhibit A amends and
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The Debtors in these chapter 11 cases and the last four digits of each Debtor’s taxpayer identification number are as follows: (a) Longview Power, LLC (1860); and Longview Intermediate Holdings C, LLC (1008) (collectively, the “Longview Debtors”); and (b) Mepco Holdings, LLC (6654); Mepco Intermediate Holdings A, LLC (0502); Mepco Intermediate Holdings, LLC (4248); Mepco, LLC (3172); Coresco, LLC (6397); Dana Mining Company of Pennsylvania, LLC (8721); Dana Mining Company, LLC (4499); Mepco Conveyor, LLC (0477); Shannopin Materials LLC (1616); Border Energy, LLC (2798); and Alternate Energy, LLC (2428) (the foregoing excluding the Longview Debtors, collectively, the “Mepco Debtors”). The Longview Debtors’ principal offices are located at 966 Crafts Run Road, Maidsville, West Virginia 26541. The Mepco Debtors’ principal offices are located at 308 Dents Run Road, Morgantown, West Virginia 26501. Capitalized terms used but not defined herein shall have the meanings set forth in the Plan.
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supersedes the Plan Exhibit A in its entirety and, by this notice, is incorporated into the Plan as if set forth therein in full. PLEASE TAKE FURTHER NOTICE that the Debtors reserve the right to make additional modifications and amendments to the Plan, including, without limitation, to the Amended Plan Exhibit A.
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Case 13-12211-BLS
Wilmington, Delaware Dated: December 10, 2013
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/s/ Zachary I. Shapiro Daniel J. DeFranceschi (No. 2732) Paul N. Heath (No. 3704) Zachary I. Shapiro (No. 5103) Marisa A. Terranova (No. 5396) RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Street Wilmington, Delaware 19801 Telephone: (302) 651-7700 Facsimile: (302) 651-7701 Email: [email protected] [email protected] [email protected] [email protected] - and Richard M. Cieri (admitted pro hac vice) Paul M. Basta, P.C. (admitted pro hac vice) Ray C. Schrock, P.C. (admitted pro hac vice) KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, New York 10022-4611 Telephone: (212) 446-4800 Facsimile: (212) 446-4900 Email: [email protected] [email protected] [email protected] - and Ryan Preston Dahl (admitted pro hac vice) KIRKLAND & ELLIS LLP 300 North LaSalle Chicago, Illinois 60654 Telephone: (312) 862-2000 Facsimile: (312) 862-2200 Email: [email protected] Co-Counsel for the Debtors and Debtors in Possession
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EXHIBIT 1
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Exhibit A General Unsecured Cash Pools Unsecured Creditor Cash Pool The following recoveries are set forth for purposes of Pro Rata disbursements to Holders of Allowed Claims in Classes 4, 5, 6, and 7, in each case solely to the extent such Class votes to accept the Plan, in accordance with Article III.B of the Plan; provided, that, such recoveries may be re-allocated among the Debtors in their reasonable business judgment to account for, among other things, the claims asserted against the Debtors’ estates after the occurrence of the Claims Bar Date. Debtor Alternate Energy, LLC Border Energy, LLC Coresco, LLC Dana Mining Company, LLC Dana Mining Company of Pennsylvania, LLC Longview Intermediate Holdings C, LLC Longview Power, LLC Mepco, LLC Mepco Conveyor, LLC Mepco Holdings, LLC Mepco Intermediate Holdings, LLC Mepco Intermediate Holdings A, LLC Shannopin Materials LLC Total
KE 28843736
Cash Pool $108,015 $27,185 $71,799 $174,722 $232,943 $0 $125,101 $245,518 $9,064 $0 $4,768 $0 $884 $1,000,000
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Unsecured Rejecting Creditor Cash Pool The following recoveries are set forth for purposes of Pro Rata disbursements to Holders of Allowed Claims in Classes 4, 5, 6, and 7, in each case solely to the extent such Class votes to reject the Plan, in accordance with Article III.B of the Plan; provided, that, such recoveries may be re-allocated among the Debtors in their reasonable business judgment to account for, among other things, the claims asserted against the Debtors’ estates after the occurrence of the Claims Bar Date. Debtor Alternate Energy, LLC Border Energy, LLC Coresco, LLC Dana Mining Company, LLC Dana Mining Company of Pennsylvania, LLC Longview Intermediate Holdings C, LLC Longview Power, LLC Mepco, LLC Mepco Conveyor, LLC Mepco Holdings, LLC Mepco Intermediate Holdings, LLC Mepco Intermediate Holdings A, LLC Shannopin Materials LLC Total
KE 28843736
Cash Pool $27,004 $6,796 $17,950 $43,681 $58,236 $0 $31,275 $61,380 $2,266 $0 $1,192 $0 $221 $250,000
Doc 570
Filed 12/10/13
Page 1 of 3
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: LONGVIEW POWER, LLC, et al.,1 Debtors.
) ) ) ) ) ) ) ) )
Chapter 11 Case No. 13-12211 (BLS) Jointly Administered Re: Docket No. 443
NOTICE OF FILING OF AMENDED EXHIBIT A (GENERAL UNSECURED CASH POOLS) TO THE DEBTORS’ JOINT PLAN OF REORGANIZATION PURSUANT TO CHAPTER 11 OF THE BANKRUPTCY CODE PLEASE TAKE NOTICE that, on November 13, 2013, the above-captioned debtors and debtors in possession (collectively, the “Debtors”) filed the Debtors’ Joint Plan of Reorganization Pursuant to Chapter 11 of the Bankruptcy Code [Docket No. 443] (the “Plan”).2 PLEASE TAKE FURTHER NOTICE that attached to the Plan as Exhibit A is an analysis of the Unsecured Creditor Cash Pool and the Unsecured Rejecting Creditor Cash Pool (the “Plan Exhibit A”). PLEASE TAKE FURTHER NOTICE that attached hereto as Exhibit 1 is an amended Plan Exhibit A (the “Amended Plan Exhibit A”). The Amended Plan Exhibit A amends and
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The Debtors in these chapter 11 cases and the last four digits of each Debtor’s taxpayer identification number are as follows: (a) Longview Power, LLC (1860); and Longview Intermediate Holdings C, LLC (1008) (collectively, the “Longview Debtors”); and (b) Mepco Holdings, LLC (6654); Mepco Intermediate Holdings A, LLC (0502); Mepco Intermediate Holdings, LLC (4248); Mepco, LLC (3172); Coresco, LLC (6397); Dana Mining Company of Pennsylvania, LLC (8721); Dana Mining Company, LLC (4499); Mepco Conveyor, LLC (0477); Shannopin Materials LLC (1616); Border Energy, LLC (2798); and Alternate Energy, LLC (2428) (the foregoing excluding the Longview Debtors, collectively, the “Mepco Debtors”). The Longview Debtors’ principal offices are located at 966 Crafts Run Road, Maidsville, West Virginia 26541. The Mepco Debtors’ principal offices are located at 308 Dents Run Road, Morgantown, West Virginia 26501. Capitalized terms used but not defined herein shall have the meanings set forth in the Plan.
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supersedes the Plan Exhibit A in its entirety and, by this notice, is incorporated into the Plan as if set forth therein in full. PLEASE TAKE FURTHER NOTICE that the Debtors reserve the right to make additional modifications and amendments to the Plan, including, without limitation, to the Amended Plan Exhibit A.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Case 13-12211-BLS
Wilmington, Delaware Dated: December 10, 2013
Doc 570
Filed 12/10/13
Page 3 of 3
/s/ Zachary I. Shapiro Daniel J. DeFranceschi (No. 2732) Paul N. Heath (No. 3704) Zachary I. Shapiro (No. 5103) Marisa A. Terranova (No. 5396) RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Street Wilmington, Delaware 19801 Telephone: (302) 651-7700 Facsimile: (302) 651-7701 Email: [email protected] [email protected] [email protected] [email protected] - and Richard M. Cieri (admitted pro hac vice) Paul M. Basta, P.C. (admitted pro hac vice) Ray C. Schrock, P.C. (admitted pro hac vice) KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, New York 10022-4611 Telephone: (212) 446-4800 Facsimile: (212) 446-4900 Email: [email protected] [email protected] [email protected] - and Ryan Preston Dahl (admitted pro hac vice) KIRKLAND & ELLIS LLP 300 North LaSalle Chicago, Illinois 60654 Telephone: (312) 862-2000 Facsimile: (312) 862-2200 Email: [email protected] Co-Counsel for the Debtors and Debtors in Possession
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EXHIBIT 1
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Exhibit A General Unsecured Cash Pools Unsecured Creditor Cash Pool The following recoveries are set forth for purposes of Pro Rata disbursements to Holders of Allowed Claims in Classes 4, 5, 6, and 7, in each case solely to the extent such Class votes to accept the Plan, in accordance with Article III.B of the Plan; provided, that, such recoveries may be re-allocated among the Debtors in their reasonable business judgment to account for, among other things, the claims asserted against the Debtors’ estates after the occurrence of the Claims Bar Date. Debtor Alternate Energy, LLC Border Energy, LLC Coresco, LLC Dana Mining Company, LLC Dana Mining Company of Pennsylvania, LLC Longview Intermediate Holdings C, LLC Longview Power, LLC Mepco, LLC Mepco Conveyor, LLC Mepco Holdings, LLC Mepco Intermediate Holdings, LLC Mepco Intermediate Holdings A, LLC Shannopin Materials LLC Total
KE 28843736
Cash Pool $108,015 $27,185 $71,799 $174,722 $232,943 $0 $125,101 $245,518 $9,064 $0 $4,768 $0 $884 $1,000,000
Case 13-12211-BLS
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Unsecured Rejecting Creditor Cash Pool The following recoveries are set forth for purposes of Pro Rata disbursements to Holders of Allowed Claims in Classes 4, 5, 6, and 7, in each case solely to the extent such Class votes to reject the Plan, in accordance with Article III.B of the Plan; provided, that, such recoveries may be re-allocated among the Debtors in their reasonable business judgment to account for, among other things, the claims asserted against the Debtors’ estates after the occurrence of the Claims Bar Date. Debtor Alternate Energy, LLC Border Energy, LLC Coresco, LLC Dana Mining Company, LLC Dana Mining Company of Pennsylvania, LLC Longview Intermediate Holdings C, LLC Longview Power, LLC Mepco, LLC Mepco Conveyor, LLC Mepco Holdings, LLC Mepco Intermediate Holdings, LLC Mepco Intermediate Holdings A, LLC Shannopin Materials LLC Total
KE 28843736
Cash Pool $27,004 $6,796 $17,950 $43,681 $58,236 $0 $31,275 $61,380 $2,266 $0 $1,192 $0 $221 $250,000
