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Avaya Bankruptcy Mediator Appointed

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The U.S. Bankruptcy Court issued an order assigning and appointing the U.S. Bankruptcy Court Judge Cecelia G. Morris as to conduct non-binding mediation concerning objections to Avaya’s Plan.

The order states, “The Mediation conference(s) shall occur at a time and place to be determined by the Mediator. The Mediator shall seek to conclude the Mediation promptly to enable resolution or narrowing of the objections to the plan as expeditiously as possible. If the Mediation should be continued for more than 30 days from the date hereof, the Mediator shall inform the Court of any such schedule. Notwithstanding the Local Bankruptcy Rules for the Southern District of New York, the Mediator may conduct the Mediation as she sees fit, establish rules of the Mediation, and consider and take appropriate action with respect to any matters the Mediator deems appropriate in order to conduct the Mediation, subject to the terms of this Order.”

In addition, “At the conclusion of the Mediation, the Mediator shall file with the Court a memorandum stating (i) that the Mediator has conducted the Mediation, (ii) the names of counsel and principals who participated in the Mediation, (iii) an identification of any Party that has not acted in good faith during or in connection with the Mediation and (iv) whether and to what extent the Mediation was successful.”

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