auch wenn ich hier nur dummposts lese. Das ist jetzt für die, die interessiert sind an unserer Sache.
34. For holders of Preferred Equity Interests in Class 19 entitled to vote, the
Debtors shall provide each Voting Nominee with a Class 19 Master Ballot, substantially in the
forms annexed hereto as Exhibits 4-12(P) and 4-12(R), as appropriate, and Solicitation Packages
for each beneficial holder represented by the Voting Nominee, each of which shall contain a
Class 19 Beneficial Ballot substantially in the forms annexed hereto as Exhibit 4-13(P) and 4-
13(R), as appropriate.
35. To registered holders of Common Equity Interests who hold such
securities directly, the Debtors shall send a Class 22 Direct Ballot substantially in the form
annexed hereto as Exhibit 4-14. With regard to holders of Common Equity Interests that hold
through Voting Nominees, the Debtors shall provide each Voting Nominee with a Class 22
Master Ballot substantially in the form annexed hereto as Exhibit 4-15 and Solicitation Packages
US_ACTIVE:\43841577\11\79831.0003 19
for each beneficial holder represented by the Voting Nominee, each of which shall contain a
Class 22 Ballot substantially in the form annexed hereto as Exhibit 4-16.
36. Each Voting Nominee must forward the Solicitation Package to each
beneficial holder with instructions for the beneficial holder to return the Beneficial Ballot to the
Voting Nominee. Upon return of the Beneficial Ballots, the Voting Nominee shall tabulate the
Beneficial Ballots on a Master Ballot, tender the beneficial holder’s securities into certain
election accounts, as appropriate, and return the Master Ballot, but not copies of the Beneficial
Ballots, to KCC. The Voting Nominee shall provide each beneficial holder with the appropriate
materials within two (2) Business Days after receipt of the Solicitation Packages. Voting
Nominees may not “prevalidate” Beneficial Ballots or instruct beneficial holders to return such
Ballots directly to KCC.
37. The Debtors shall reimburse each Voting Nominee for its reasonable and
customary out-of-pocket external costs and expenses associate with distribution of the
Solicitation Packages and tabulation of the Beneficial Ballots.
38. In lieu of returning copies of any Beneficial Ballots received to KCC,
Voting Nominees shall input certain registration information regarding their beneficial holders at
a website maintained by KCC. Additionally, Voting Nominees shall retain such original,
completed, executed Beneficial Ballots for one (1) year after the Voting and Election
Deadline, and shall, upon written request from the Debtors, submit such Beneficial Ballots
to KCC so as to be received within two (2) Business Days of such written request.
42. Finally, with regards to beneficial holders of Equity Interests in Classes 19
and 22 that fail to return their completed and executed Beneficial Ballots to their Voting
Nominees in time, such that their votes are not able to be tabulated by the Voting Nominees on
their respective Master Ballots, such holders may still return their Beneficial Ballots to their
Voting Nominees so that their Release Elections may be accepted and processed. In order for
such beneficial holders’ Release Elections to be processed, the respective Voting Nominees must
tabulate such elections on either a Class 19 Master Election Form or Class 22 Master Election
Form, substantially in the forms annexed hereto as Exhibits 4-21(P), 4-21(R), and 4-22, as the
case may be, and return such Master Election Form to KCC so that it is received by the Equity
Release Election Deadline.
Notices of Non-Voting Status
43. The Notices of Non-Voting Status are APPROVED.
The Voting and Election Deadline
46. The Voting and Election Deadline is set as February 9, 2012 at 5:00 p.m.
(Pacific Time); provided, however, that, in accordance with that certain Order Regarding Notice
Pursuant to Bankruptcy Rule 7023 and Federal Rule of Civil Procedure 23(e), dated January 11,
2012 and that certain Summary Notice of (I) Pendency of Class Action and Proposed Settlement,
US_ACTIVE:\43841577\11\79831.0003 22
and (II) Settlement Fairness Hearing, dated January 12, 2012, such deadline is February 29,
2012 at 5:00 p.m. (Pacific Time) for holders of Dime Warrants in Class 21 only.
47. With respect to holders of Equity Interests in Classes 19 and 22 only, the
Equity Release Election Deadline is set as February 28, 2012 at 5:00 p.m. (Pacific Time), or
such later date as agreed to by the Debtors and the Equity Committee or otherwise ordered by the
Court; provided, however, that notice of any later date shall be posted with DTC and at
www.kccllc.net/wamu.
48. All Ballots (excluding Beneficial Ballots) and Election Forms must be
properly executed, completed, and delivered to KCC by first-class mail, overnight courier, or
personal delivery, so that they are actually received by KCC no later than the Voting and
Election Deadline (or, with respect to Release Elections submitted by holders of Equity Interests
in Classes 19 and 22, the Equity Release Election Deadline).
The following tabulation procedures are APPROVED:
(c) Whenever a Creditor or Equity Interest holder casts more than one Ballot
or Election Form voting or electing, as the case may be, with respect to the
same Claim(s) or Interest(s) before the Voting and Election Deadline (or,
with respect to Release Elections submitted by holders of Equity Interests
in Classes 19 or 22, before the Equity Release Election Deadline), the last
valid Ballot, or Election Form, as the case may be, received on or before
the Voting and Election Deadline (or, with respect to Release Elections
submitted by holders of Equity Interests in Classes 19 or 22, on or before
the Equity Release Election Deadline), shall be deemed to reflect the
holder’s intent, and thus, to supersede any prior Ballot or Election Form,
as applicable.
(d) Whenever a Creditor or Equity Interest holder casts a Ballot that is
properly completed, executed, and timely returned to KCC, but does not
indicate either an acceptance or rejection of the Plan, the Ballot shall be
deemed to reflect the voter’s intent to accept the Plan.
(e) Except with respect to Master Ballots, whenever a Creditor or Equity
Interest holder casts a Ballot that is properly completed, executed, and
timely returned to KCC, but indicates both an acceptance and a rejection
of the Plan, the Ballot shall be deemed to reflect the voter’s intent to
accept the Plan.
(f) Whenever an Equity Interest holder in Class 21 submits an Election Form
that is properly completed, executed, and timely returned to KCC, but
indicates both an election to grant and to not grant the Release Election,
the Election Form shall be deemed to reflect the party’s intent to grant the
Release Election.
(g) A holder of a Claim or Equity Interest shall be deemed to have
voted/elected the full amount of its Claim or Equity Interest in each Class
and shall not be entitled to split its vote/election within a particular Class.
Any Ballot (except a Master Ballot) that partially accepts and partially
rejects the Plan shall be deemed to reflect the voter’s intent to accept the
Plan.
(h) Whenever a holder of a Claim or Equity Interests casts Ballots in the same
Class received by KCC on the same day, but which are voted
inconsistently, such Ballots shall be deemed to reflect the voter’s intent to
accept the Plan.
Ich denke das ist für viele wichtiger als dummes Rumgelaber.
Gruß homi
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