Peekay Boutiques filed with the U.S. Bankruptcy Court an Amended Chapter 11 Plan of Liquidation. According to the Plan, “All fees due and payable pursuant to section 1930 of Title 28 of the U.S. Code (‘Quarterly Fees’) prior to the Effective Date shall be paid by the Debtors on the Effective Date. After the Effective Date, the Debtors and, subject to the reservation of rights at the end of this paragraph, any entity making disbursements on behalf of any Debtor or disbursements on account of an obligation of any Debtor (each a ‘Disbursing Entity’), shall be jointly and severally liable to pay Quarterly Fees when due and payable.”
The Debtors also filed revised Supplement for the Amended Plan. The Supplement contains the following documents: Exhibit A: amended and restated asset purchase agreement; Exhibit B: schedule of assumed, rejected and held contracts; Exhibit C: form of trade creditors note; Exhibit D: form of opt-in election (trade vendors); Exhibit E: form of trade agreement; Exhibit F: form of seller noteholders note; Exhibit G: form of opt-in election (seller noteholders): Exhibit H: form of term B loan claims note; Exhibit I: form of opt-in election (Term B lenders).
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