PLEASE TAKE NOTICE that on May 30, 2024, the United States Bankruptcy Court for the Southern District of New York (the “Court”) entered the Order (I) Approving the Disclosure Statement; (II) Establishing a Voting Record Date; (III) Approving Solicitation Packages and Solicitation Procedures; (IV) Approving the Forms of Ballots; (V) Establishing Voting and Tabulation Procedures; and (VI) Establishing Notice and Objection Procedures for the Confirmation of the Plan [D.I. 1172] (the “Solicitation Procedures Order”). Among other things, the Solicitation Procedures Order approved the Disclosure Statement for the Debtor’s Second Amended Plan of Reorganization Under Chapter 11 of the Bankruptcy Code [D.I. 1179] (as may be amended, modified or supplemented, the “Disclosure Statement”) filed by the above-referenced Debtor and debtor-in-possession (the “Debtor”).
PLEASE TAKE FURTHER NOTICE that the Court held a hearing to consider confirmation of the Plan on July 24, 2024 at 9:00 A.M. (Prevailing Eastern Time), and on August 2, 2024, the Court entered its Findings of Fact, Conclusions of Law and Order Confirming the Debtor’s Second Amended Plan of Reorganization Under Chapter 11 of the Bankruptcy Code [D.I. 1379], confirming the Plan. You are being provided this notice with respect to the Plan.
PLEASE TAKE FURTHER NOTICE that in accordance with the Plan, each Holder of Class 3(b) Other General Unsecured Claims who elected to receive the GUC Cash-Out will be entitled to receive cash on account of its Allowed Claim in an amount equal to 45% of the lesser of (a) the Allowed amount of such Claim and (b) $11,000,000. To the extent any such Holder’s Allowed Other General Unsecured Claim exceeds $11,000,000, such Holder’s Claim shall be reduced to $11,000,000; provided that any Other General Unsecured Claim originally Allowed in an amount in excess of $11,000,000 may not be sub-divided into multiple claims of $11,000,000 or less and receive the GUC Cash-Out.
In order to receive a timely GUC Cash-Out distribution, please return this form by the GUC Cash-Out Form Deadline set forth above.
THE PLAN EFFECTIVE DATE MAY OCCUR PRIOR TO THE GUC CASH-OUT FORM DEADLINE. IF THE PLAN EFFECTIVE DATE OCCURS PRIOR TO THE GUC CASH-OUT FORM DEADLINE, HOLDERS WHO HAVE NOT RETURNED THIS FORM SHOULD EXPECT TO RECEIVE THEIR DISTRIBUTION(S) AFTER THE PLAN EFFECTIVE DATE.
FURTHERMORE, HOLDERS WHO DO NOT RETURN THIS FORM PRIOR TO THE GUC CASH-OUT FORM DEADLINE MAY HAVE THEIR DISTRIBUTION(S) TREATED AS “UNCLAIMED DISTRIBUTIONS” PURSUANT SECTION 10.5 OF THE PLAN.
If you have any questions regarding the distribution procedures or need other related materials, please contact the Debtor’s distribution agent, Kroll Restructuring Administration, LLC (the “Distribution Agent”), by emailing SVBFGissuerservices@is.kroll.com.
Obtaining Copies of Relevant Documents
Copies of the Plan, the Plan Supplement, the Disclosure Statement and the Solicitation Procedures Order, as well as other documents filed in this Chapter 11 Case, may be obtained from the Court’s website, https://ecf.nysb.uscourts.gov, for a nominal fee, or obtained free of charge by accessing the website of the Debtor’s Distribution Agent, https://restructuring.ra.kroll.com/svbfg/. In addition, the Debtor will, at its expense, provide paper copies of the Plan, Disclosure Statement or Solicitation Procedures Order to any party submitting a request for such paper copies (i) through the website of the Debtor’s Distribution Agent at https://restructuring.ra.kroll.com/svbfg/ or (ii) in writing to (a) SVB Financial Group Ballot Processing Center, c/o Kroll Restructuring Administration LLC, 850 Third Avenue, Suite 412, Brooklyn, NY 11232 or (b) SVBFGInfo@ra.kroll.com (with “SVBFG Solicitation Inquiry” in the subject line). Please be advised that the Distribution Agent is authorized to answer questions about, and provide additional copies of, materials filed in this Chapter 11 Case, but may not advise you as to matters regarding the Plan.