Atna Resources Inc., et al. Debtors. ) ) ) ) ) ) Case No. 15-2284
Case:15-22848-JGR Doc#:507 Filed:05/18/16
Entered:05/18/16 12:23:48 Page1 of 2
UNITED STATES BANKRUPTCY COURT DISTRICT OF COLORADO In re: Atna Resources Inc., et al. Debtors.1
) ) ) ) ) )
Case No. 15-22848 JGR Chapter 11 Jointly Administered Under Case No. 15-22848 JGR
____________________________________________________________________________ NOTICE OF DEBTORS’ EMERGENCY MOTION FOR SUPPLEMENTAL SALE ORDER APPROVING CONSENSUAL MODIFICATION TO TERMS OF SOLITARIO TRANSACTION ______________________________________________________________________________ OBJECTION DEADLINE (IF NOTICE PERIOD IS SHORTENED): MAY 25, 2016 AT 5:00 P.M. MOUNTAIN TIME OBJECTION DEADLINE (IF NOTICE PERIOD IS NOT SHORTENED): JUNE 1, 2016 AT 5:00 P.M. MOUNTAIN TIME YOU ARE HEREBY NOTIFIED that the above-captioned debtors and debtors in possession (collectively, the “Debtors”) filed the Emergency Motion for Supplemental Sale Order Approving Consensual Modification to Terms of Solitario Transaction (the “Motion”) with the Bankruptcy Court and request the following relief: The Motion seeks the entry of a supplemental sale order approving minor consensual modifications to the terms of the sale transaction with Solitario Exploration & Royalty Corp. (“Solitario”) previously approved by the Bankruptcy Court in the Order (I) Approving the Sale of Certain Assets of the Debtors Free and Clear of Liens, Claims, Encumbrances, and Other Interests, (II) Approving the Assumption and Assignment of Certain Executory Contracts and Unexpired Leases, and (III) Granting Related Relief (the “Sale Order”) (Docket No. 497). In summary, the modifications include a minimal reduction to the purchase price to be paid by Solitario and the addition of an asset referred to as the Lolo Minerals 1.5% NSR royalty on a section of land in Missoula County owned by Debtor Canyon Resources Corp. The Debtors believe that the modifications are not material and could have be made without further Court approval under the terms of the Sale Order, but are seeking the entry of a supplemental order out of an abundance of caution. The Official Committee of Unsecured Creditors and Waterton Precious Metals Fund II Cayman, LP (the Debtors’ prepetition secured lender and postpetition 1
The debtors and debtors in possession and their respective cases numbers are: Atna Resources Inc. (15-22848), Canyon Resources Corporation (15-22849), CR Briggs Corporation (15-22850), CR Montana Corporation (1522851), CR Kendall Corporation (15-22852), Atna Resources Ltd. (15-22853) and Horizon Wyoming Uranium, Inc. (15-22854).
-1010-8216-6657/2/AMERICAS
Case:15-22848-JGR Doc#:507 Filed:05/18/16
Entered:05/18/16 12:23:48 Page2 of 2
DIP lender) have each reviewed the modifications and do not oppose the entry of the Supplemental Sale Order Approving Consensual Modification to Terms of Solitario Transaction. The Debtors have also moved the Bankruptcy Court for an order shortening the notice period to seven (7) calendar days with respect to the Motion. If granted, objections to the Motion, if any, would be due by 5:00 p.m. Mountain Time on May 25, 2016. The foregoing is only a summary of the relief requested in the Motion. In the event of a conflict between this summary and the Motion, the Motion shall govern. A copy of the Motion is available for inspection in the Bankruptcy Court Clerk’s Office, 721 19th Street, Denver, Colorado 80202, at the Debtors’ case website at www.upshotservices.com/atna, or upon request from the undersigned. If you oppose the Motion or object to the requested relief, your objection and request for hearing must be filed on or before the objection deadline stated above, served on the movant at the address indicated below, and must state clearly all objections and any legal basis for the objections. The Bankruptcy Court will not consider general objections. In the absence of a timely, substantiated objection and request for hearing by an interested party, the Bankruptcy Court may approve or grant the requested relief without any further notice to creditors or other interested parties. Dated: May 18, 2016
By: SQUIRE PATTON BOGGS (US) LLP /s/ Stephen D. Lerner Stephen D. Lerner (Ohio #0051284) Squire Patton Boggs (US) LLP 221 E. Fourth Street, Suite 2900 Cincinnati, OH 45202 (513) 361-1200 (phone) (513) 361-1201 (fax) [email protected] Admitted to District Court for District of Colorado Nava Hazan (NY # 3064409) Squire Patton Boggs (US) LLP 30 Rockefeller Plaza, 23rd Floor New York, NY 10112 (212) 872-9800 (212) 872-9815 [email protected] Admitted to District Court for District of Colorado Attorneys for the Debtors and Debtors in Possession
-2010-8216-6657/2/AMERICAS
Entered:05/18/16 12:23:48 Page1 of 2
UNITED STATES BANKRUPTCY COURT DISTRICT OF COLORADO In re: Atna Resources Inc., et al. Debtors.1
) ) ) ) ) )
Case No. 15-22848 JGR Chapter 11 Jointly Administered Under Case No. 15-22848 JGR
____________________________________________________________________________ NOTICE OF DEBTORS’ EMERGENCY MOTION FOR SUPPLEMENTAL SALE ORDER APPROVING CONSENSUAL MODIFICATION TO TERMS OF SOLITARIO TRANSACTION ______________________________________________________________________________ OBJECTION DEADLINE (IF NOTICE PERIOD IS SHORTENED): MAY 25, 2016 AT 5:00 P.M. MOUNTAIN TIME OBJECTION DEADLINE (IF NOTICE PERIOD IS NOT SHORTENED): JUNE 1, 2016 AT 5:00 P.M. MOUNTAIN TIME YOU ARE HEREBY NOTIFIED that the above-captioned debtors and debtors in possession (collectively, the “Debtors”) filed the Emergency Motion for Supplemental Sale Order Approving Consensual Modification to Terms of Solitario Transaction (the “Motion”) with the Bankruptcy Court and request the following relief: The Motion seeks the entry of a supplemental sale order approving minor consensual modifications to the terms of the sale transaction with Solitario Exploration & Royalty Corp. (“Solitario”) previously approved by the Bankruptcy Court in the Order (I) Approving the Sale of Certain Assets of the Debtors Free and Clear of Liens, Claims, Encumbrances, and Other Interests, (II) Approving the Assumption and Assignment of Certain Executory Contracts and Unexpired Leases, and (III) Granting Related Relief (the “Sale Order”) (Docket No. 497). In summary, the modifications include a minimal reduction to the purchase price to be paid by Solitario and the addition of an asset referred to as the Lolo Minerals 1.5% NSR royalty on a section of land in Missoula County owned by Debtor Canyon Resources Corp. The Debtors believe that the modifications are not material and could have be made without further Court approval under the terms of the Sale Order, but are seeking the entry of a supplemental order out of an abundance of caution. The Official Committee of Unsecured Creditors and Waterton Precious Metals Fund II Cayman, LP (the Debtors’ prepetition secured lender and postpetition 1
The debtors and debtors in possession and their respective cases numbers are: Atna Resources Inc. (15-22848), Canyon Resources Corporation (15-22849), CR Briggs Corporation (15-22850), CR Montana Corporation (1522851), CR Kendall Corporation (15-22852), Atna Resources Ltd. (15-22853) and Horizon Wyoming Uranium, Inc. (15-22854).
-1010-8216-6657/2/AMERICAS
Case:15-22848-JGR Doc#:507 Filed:05/18/16
Entered:05/18/16 12:23:48 Page2 of 2
DIP lender) have each reviewed the modifications and do not oppose the entry of the Supplemental Sale Order Approving Consensual Modification to Terms of Solitario Transaction. The Debtors have also moved the Bankruptcy Court for an order shortening the notice period to seven (7) calendar days with respect to the Motion. If granted, objections to the Motion, if any, would be due by 5:00 p.m. Mountain Time on May 25, 2016. The foregoing is only a summary of the relief requested in the Motion. In the event of a conflict between this summary and the Motion, the Motion shall govern. A copy of the Motion is available for inspection in the Bankruptcy Court Clerk’s Office, 721 19th Street, Denver, Colorado 80202, at the Debtors’ case website at www.upshotservices.com/atna, or upon request from the undersigned. If you oppose the Motion or object to the requested relief, your objection and request for hearing must be filed on or before the objection deadline stated above, served on the movant at the address indicated below, and must state clearly all objections and any legal basis for the objections. The Bankruptcy Court will not consider general objections. In the absence of a timely, substantiated objection and request for hearing by an interested party, the Bankruptcy Court may approve or grant the requested relief without any further notice to creditors or other interested parties. Dated: May 18, 2016
By: SQUIRE PATTON BOGGS (US) LLP /s/ Stephen D. Lerner Stephen D. Lerner (Ohio #0051284) Squire Patton Boggs (US) LLP 221 E. Fourth Street, Suite 2900 Cincinnati, OH 45202 (513) 361-1200 (phone) (513) 361-1201 (fax) [email protected] Admitted to District Court for District of Colorado Nava Hazan (NY # 3064409) Squire Patton Boggs (US) LLP 30 Rockefeller Plaza, 23rd Floor New York, NY 10112 (212) 872-9800 (212) 872-9815 [email protected] Admitted to District Court for District of Colorado Attorneys for the Debtors and Debtors in Possession
-2010-8216-6657/2/AMERICAS
