According to the U.S. Bankruptcy Court docket, Exide Technologies filed a Third Amended Plan of Reorganization. A related Disclosure Statement was not filed as a result of the February 4, 2015 order approving the Disclosure Statement.
The Third Amended Plan contains several modifications, including – among others – the following additions: “‘Preference Proceeds Distribution’ means an amount from net proceeds of GUC Trust Preference Actions distributable to Holders of Senior Notes Eligible Holder Claims equal to (a) $1.5 million divided by Allowed Class D Claims plus the Allowed Class E Claims multiplied by (b) the Senior Notes Deficiency Claim of Holders of Senior Notes Alternative Distribution Claims.….’Senior Notes A2 Rights Offering’ means the right of Holders of Senior Notes Alternative Distribution Claims to purchase up to $10,863,730 of the New Second Lien Convertible Notes on the same terms as the Rights Offering Subscription Rights by making a Senior Notes A2 Rights Offering Election.”
Significantly, the Supplement also adds the following statement, “On the Effective Date, the Debtor or Reorganized Debtor shall pay the reasonable, documented and estimated, unpaid fees and expenses (subject to redaction to preserve attorney-client privilege) of the Senior Notes Indenture Trustee incurred during the Chapter 11 Case, including but not limited to all professionals’ fees.”
The Company also filed with the Court a Second Supplement to its Third Amended Plan of Reorganization. The Supplement contains the following documents: Exhibit 6.17: retained causes of action and Exhibit 9.1: assumed executory contracts and unexpired leases. Learn more about XIDE’s Chapter 11 reorganization.