Advantech SOM-5890 Intel MEI Driver
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Advantech SOM-5890 Intel MEI Driver
SOM - 2nd Gen. Intel® Core™ Processor COM Express® Basic Module - Advantech
On March 11,at my direction and under Advantech SOM-5890 Intel MEI supervision, employees of KCC caused the following document to be served via First Class Mail on the service lists attached hereto as Exhibit B and Exhibit C: GT Advanced Technologies Inc. Main Document Page 2 of Additionally, on March 14,employees of KCC caused the following materials to be served 1 via Overnight mail to the parties on the service list attached hereto as Exhibit D, for subsequent distribution to beneficial holders of the securities listed on the attached hereto as Exhibit E; 2 via Advantech SOM-5890 Intel MEI Class mail to the parties on the Advantech SOM-5890 Intel MEI list attached hereto as Exhibit F; and to the Registered Holders of Common Stock on the attached hereto as Exhibit G, provided by Computershare as transfer agent; and 3 via Email to the parties listed on the attached hereto as Exhibit H: Main Document Exhibit A Case: Capitalized terms used herein and not otherwise defined have the meanings given to them in the Plan or the Confirmation Order, as applicable.
Discharge of Claims and Termination of Equity Interests 3.
Except as provided in the Plan, the rights afforded in and the payments and Distributions to be made under the Plan shall terminate all Equity Interests and shall discharge all existing Liabilities and Claims of any kind, nature or description whatsoever against or in the Debtors or any of their assets or properties, in accordance with section of the Bankruptcy Code. Except as provided in the Plan, on the Effective Date, all existing Claims against Advantech SOM-5890 Intel MEI Debtors and Equity Interests shall be, and shall be deemed to be, released, terminated, extinguished and discharged, and all holders of such Claims and Equity Interests shall be precluded and enjoined from asserting against the Reorganized Debtors, their successors and assigns and any of their respective assets or properties or the Litigation Trustee, any other or further Claim or Equity Advantech SOM-5890 Intel MEI based upon any act or omission, transaction or other activity of any Advantech SOM-5890 Intel MEI or nature that occurred prior to the Effective Date, whether or not such holder has filed a proof of Claim or proof of interest and whether or not the facts or legal bases therefor were known or existed prior to the Effective Date.
Discharge of Debtors and Permanent Injunction 4.
Except as otherwise provided in the Plan or in the Confirmation Order, 1 the rights afforded in the Plan and the treatment of all Claims and Equity Interests herein, shall be in exchange for and in complete satisfaction, settlement, discharge, and release of all Claims and Equity Interests of any nature whatsoever, known or unknown that arose prior to the Effective Date, 2 on the Effective Date, all such Claims against, or Equity Interests in, the Debtors shall be satisfied, discharged, and released in full, and 3 all Persons shall be precluded from asserting Advantech SOM-5890 Intel MEI the Debtors, the Reorganized Debtors, the Litigation Advantech SOM-5890 Intel MEI, or any of their successors or their assets or properties any other or further Claims or Equity Interests based upon any act or omission, transaction, or other activity of any kind or nature that occurred prior to the Effective Date.
Except as provided in the Plan or the Confirmation Order, Confirmation will, as of the Effective Date, discharge the Debtors, pursuant to section of the Bankruptcy Code, from all Claims or other debts that arose before the Effective Date, and all debts of the kind specified in sections ghor i of the Bankruptcy Code, whether or not a proof of Claim based on such debt is filed or deemed filed pursuant to section of the Bankruptcy Code, a Advantech SOM-5890 Intel MEI based on Advantech SOM-5890 Intel MEI debt is Allowed pursuant to section of the Bankruptcy Code or the holder of a Claim based on such debt has accepted the Plan and satisfy or terminate all Equity Interests and other rights of equity security holder in the Debtors.
Without limiting the foregoing, any Claim or request for monetary relief that a claimant believes would not be Advantech SOM-5890 Intel MEI to the discharge of claims pursuant to section d of the Bankruptcy Code or could otherwise be asserted against the Reorganized Debtor or the Litigation Trust, to the extent such Claim or request for monetary relief is based on events occurring before the Effective Date, is hereby discharged. As of the Effective Date, any default by the Debtors with respect to any Claim that existed immediately prior to or on account of the filing of the Chapter 11 Cases shall be deemed cured and without any further force or effect.
Page 5 of Except as otherwise expressly provided in the Plan Advantech SOM-5890 Intel MEI Confirmation Order, from and after the Effective Date, all Persons Advantech SOM-5890 Intel MEI have held, Advantech SOM-5890 Intel MEI, or may hold Claims against or Equity Interests in the Debtors are permanently enjoined from: The rights afforded in the Plan and the treatment of all Claims and Equity Interests therein shall be in exchange for and in complete satisfaction of all Claims and Equity Interests of any nature whatsoever, including any interest accrued on Claims from and after the Petition Date, against the Debtors or any of their respective assets, properties or Estates.
On the Effective Date, all such Claims against, and Equity Interests in, the Debtors shall be fully released and discharged. Notwithstanding anything in the Plan including any amendments or the Confirmation Order, nothing in the Section If you are a counterparty to an executory contract or unexpired lease that i has not been previously assumed, assumed and assigned, or rejected or is not the subject of a motion to assume, assume and assign, or reject that has been filed prior to the Effective Date and on which the Bankruptcy Court has not yet ruled, ii is not identified in the Plan Supplement, the Plan, Advantech SOM-5890 Intel MEI the Confirmation Order as an executory contract or unexpired lease to be assumed and assigned pursuant to the Plan, or iii is not the subject of an Advantech SOM-5890 Intel MEI to extend the time by which the Debtors must assume or reject to a date beyond the Effective Date, then your contract or unexpired lease has been rejected by GTAT Advantech SOM-5890 Intel MEI provided for in the Plan.
All proofs of Claims arising from the rejection of executory contracts or unexpired leases pursuant to the Plan must be filed with the Claims Agent and served upon the Debtors or the Reorganized Debtors, as applicable, and the Litigation Trustee no later than thirty 30 days after the later of a notice of entry of an order approving the rejection of such executory contract or unexpired lease and b notice of entry of the Confirmation Order.
No proofs of Claim may be delivered by facsimile, telecopy, or electronic mail transmission.
Any Person that is required to file a proof of Claim arising from the rejection of an executory contract or an unexpired lease that fails to timely do so shall be forever barred, estopped and enjoined from asserting such Claim, and such Claim shall not be enforceable, against the Advantech SOM-5890 Intel MEI or the Reorganized Debtors or the Estates and their respective properties or the Litigation Trustee, and the Debtors and the Reorganized Debtors and the Estates and their respective properties and the Litigation Trustee shall be forever discharged from any and all Liability with respect to such Claim unless otherwise ordered by the Bankruptcy Court or as otherwise provided herein.
All such Claims shall, as of the Effective Date, be subject to permanent injunction. In no event shall any counterparty to a rejected contract or lease be permitted to exercise any non-monetary contractual remedies under such contract or lease against the Debtors, the Reorganized Debtors, the Estates, their respective 2 GTAT reserves the right, on or prior to the Effective Date, to amend Advantech SOM-5890 Intel MEI Plan Supplement to delete any executory contract or unexpired lease therefrom or add any executory contract or unexpired lease thereto, in which event such executory contract s or unexpired lease s shall be deemed to be assumed as of Advantech SOM-5890 Intel MEI Effective Date.
GTAT shall provide notice of any amendments to the Plan Supplement to the parties to the executory Advantech SOM-5890 Intel MEI and unexpired leases affected thereby. The listing of a document on the Plan Supplement shall not constitute an admission by GTAT that such document is an executory contract or an unexpired lease or that GTAT has any liability thereunder.
All such remedies shall, as of the Effective Date, be subject to permanent injunction. Professional Fee Claims 9. To the extent that funds held in the Professional Fee Escrow Account are unable to satisfy the amount of Allowed and unpaid Professional Fee Claims owing to the Professionals, such Professionals shall have an Allowed Administrative Expense Claim for any such deficiency, which shall be satisfied by the Advantech SOM-5890 Intel MEI Debtors in accordance with Section 4. To the extent that there is any balance remaining in the Professional Fee Escrow Account Advantech SOM-5890 Intel MEI payment of all Allowed Professional Fee Claims, such remaining balance shall revert to the Reorganized Debtors.
The Reorganized Debtors are authorized to pay reasonable compensation for professional services rendered and reimbursement of expenses incurred after the Effective Date in the ordinary course and without the need for Bankruptcy Court approval. Administrative Expense Claims Except as specified in Sections 4.
Notwithstanding the immediately preceding paragraph, a Financing Support Party that is the holder of an Administrative Expense Claim excluding DIP Facility Claims which, as of the Effective Date, has been Allowed pursuant to an order of the Bankruptcy Court may, at its option, elect to exchange, on a dollar-for-dollar basis, some or all of such Allowed Administrative Expense Claim to participate in the Exit Financing based upon and solely up to the amount of its respective Exit Financing Commitment Amount, which exchanged amount shall be in lieu of an equivalent amount of the Cash payment set forth Advantech SOM-5890 Intel MEI the immediately preceding paragraph.
Notice Advantech SOM-5890 Intel MEI Effective Date Main Document Exhibit B Case: