Details for Prime Clerk Accounts - Ad from 2021-04-01
UNITED STATES BANKRUPTCY COURT, DISTRICT OF DELAWARE In re: ) Chapter 11 SHL Liquidation Industries Inc., et al., ) Case No. 20-12024 (LSS) Debtors.1 ) (Jointly Administered) NOTICE OF (A) DEADLINE FOR CASTING VOTES TO ACCEPT OR REJECT PLAN OF LIQUIDATION, (B) HEARING TO CONSIDER CONFIRMATION OF PLAN OF LIQUIDATION AND (C) RELATED MATTERS PLEASE TAKE NOTICE OF THE FOLLOWING: 1. On March 24, 2021, SHL Liquidation Industries Inc. (f/k/a Shiloh Industries, Inc.) and the other above-captioned debtors and debtors in possession (collectively, the "Debtors") filed the First Amended Joint Plan of Liquidation of SHL Liquidation Industries Inc. and Its Debtor Affiliates [Docket No. 697] (as the same may be further amended or modified, the "Plan"). On March 25, 2021, the Debtors filed the related First Amended Joint Disclosure Statement for Joint Plan of Liquidation of SHL Liquidation Industries Inc. and Its Debtor Affiliates [Docket No. 707] (as the same may be further amended or modified, the "Disclosure Statement").2 2. Pursuant to an order of the Bankruptcy Court dated March 25, 2021 (the "Disclosure Statement Order") [Docket No. 706], the Disclosure Statement and certain related materials (collectively, the "Solicitation Package") have been approved for solicitation of votes to accept or reject the Plan. Confirmation Hearing 3. A hearing to consider the confirmation of the Plan (the "Confirmation Hearing") will be held before the Honorable Laurie Selber Silverstein, United States Bankruptcy Judge, at the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court"), 824 Market Street, 6th Floor, Courtroom No. 2, Wilmington, Delaware 19801, on May 6, 2021 at 10:00 a.m. (prevailing Eastern time). The Confirmation Hearing may be continued from time to time without further notice other than an adjournment announced in open court or a notice of adjournment filed with the Court and served on the entities who have filed objections to the Plan, without further notice to other parties in interest. Voting 4. Pursuant to the Disclosure Statement Order, the Bankruptcy Court approved certain procedures for tabulation of votes to accept or reject the Plan. If you are the Holder of a Claim against one of the Debtors as of March 22, 2021 (the record date as established by the Disclosure Statement Order) in Class 3 or 4, you should receive a ballot form (a "Ballot") and voting instructions appropriate for your Claim, as well as a copy of the Disclosure Statement and related solicitation materials.The following procedures apply with respect to voting your Claim: For your vote to accept or reject the Plan to be counted, you must complete all required information on the Ballot, execute the Ballot and return the completed Ballot to the address indicated on the Ballot or by the means set forth on the Ballot so that it is received by 4:00 p.m., (prevailing Eastern time), on April 27, 2021 (the "Voting Deadline"). Any failure to follow the voting instructions included with the Ballot or to return a properly completed Ballot so that it is received by the Voting Deadline may disqualify your Ballot and your vote. You are encouraged to read the voting instructions carefully and review the Disclosure Statement before you vote. Your Claim has been temporarily allowed solely for purposes of voting to accept or reject the Plan in accordance with the tabulation rules approved by the Bankruptcy Court in the Disclosure Statement Order (collectively, the "Tabulation Rules"). The temporary allowance of your Claim for voting purposes does not constitute an allowance of your Claim for purposes of receiving distributions under the Plan and is without prejudice to the rights of the Debtors in any other context, including the right of the Debtors to contest the amount, validity or classification of any Claim for purposes of allowance and distribution under the Plan. If you wish to challenge (i) the classification of your Claim or (ii) the allowance of your Claim for voting purposes in accordance with the Tabulation Rules, you must file a motion, pursuant to Rule 3018(a) of the Federal Rules of Bankruptcy Procedure, for an order temporarily allowing your Claim in a different amount or classification for purposes of voting to accept or reject the Plan (a "Rule 3018 Motion") and serve such motion on the Debtors so that it is received on or before April 20, 2021 by 4:00 p.m. (prevailing Eastern time). Such motion will, to the extent necessary, be heard at the Confirmation Hearing. Unless the Bankruptcy Court orders otherwise, your Claim will not be counted for voting purposes in excess of the amount determined in accordance with the Tabulation Rules. Request for Copies of Documents 5. Requests for copies of the Disclosure Statement and the Plan by parties in interest may be made, without charge, by writing to Shiloh Industries Ballot Processing, c/o Prime Clerk LLC, One Grand Central Place, 60 East 42nd Street, Suite 1440, New York, NY 10165. Copies of the Disclosure Statement and the Plan (along with exhibits to each as they are filed with the Bankruptcy Court) and the Motion are available for review, without charge, via the internet at https://cases.primeclerk.com/shiloh. Any Plan Supplement documents will be filed with the Bankruptcy Court on or before April 20, 2021. Releases 6. In connection with confirmation of the Plan, the Debtors are seeking approval of certain releases, including releases of certain non-Debtor entities, that will become effective and binding on the Effective Date in accordance with the terms of the Plan and the Confirmation Order. These releases and related provisions are described in detail in the Disclosure Statement and are set forth in Section IV.G of the Plan. Executory Contracts and Unexpired Leases 7. On the Effective Date, except as otherwise provided herein, each of the Debtors' Executory Contracts and Unexpired Leases not previously assumed or rejected pursuant to an order of the Bankruptcy Court shall be deemed rejected as of the Effective Date in accordance with the provisions and requirements of sections 365 and 1123 of the Bankruptcy Code except any Executory Contract or Unexpired Lease (a) identified on Exhibit V.A to the Plan (which shall be filed as part of the Plan Supplement) as an Executory Contract or Unexpired Lease designated for assumption, (b) which is the subject of a separate motion or notice to assume or reject filed by the Debtors and pending as of the Confirmation Hearing, (c) that previously expired or terminated pursuant to its own terms or (d) that was previously assumed by any of the Debtors. Objections to the Plan 8. Any objection to the Plan must: (a) be in writing; (b) conform to the Bankruptcy Rules and the Local Rules of Bankruptcy Practice & Procedure of the United States Bankruptcy Court for the District of Delaware; (c) state the name, address, telephone number and email address of the objecting party and the amount and nature of the Claim or Interest of such entity, if any; (d) state with particularity the basis and nature of any objection to the Plan and, if practicable, a proposed modification to the Plan that would resolve such objection; and (e) be filed, contemporaneously with a proof of service, with the Bankruptcy Court and served so that it is actually received by the following notice parties set forth below no later than April 27, 2021 at 4:00 p.m. (prevailing Eastern time): (i) counsel for the Debtors, Jones Day, 901 Lakeside Avenue, Cleveland, Ohio 44114 (Attn: Thomas M. Wearsch, Esq. (firstname.lastname@example.org) and T. Daniel Reynolds, Esq. (tdreynolds@jonesday. com)), Jones Day, 77 West Wacker, Chicago, Illinois 60601 (Attn: Timothy W. Hoffmann, Esq. (email@example.com)), Jones Day, 250 Vesey Street, New York, NY 10281 (Attn: Genna L. Ghaul, Esq. (firstname.lastname@example.org)) and Richards, Layton & Finger, P.A., One Rodney Square, 920 N. King Street, Wilmington, Delaware 19801 (Attn: Daniel J. DeFranceschi, Esq. (email@example.com); Zachary I. Shapiro, Esq. (firstname.lastname@example.org), David T. Queroli (queroli@ rlf.com) and J. Zachary Noble (email@example.com)); (ii) the Office of the United States Trustee for the District of Delaware, 844 King St., Suite 2207, Wilmington, Delaware 19801, Attn: Timothy J. Fox, Esq. (firstname.lastname@example.org); (iii) counsel to the Creditors' Committee, Morris James LLP, 500 Delaware Avenue, Suite 1500, Wilmington, DE 19801 (Attn: Eric J. Monzo (emonzo@ morrisjames.com), Brya M. Keilson (email@example.com) and Jason S. Levin (jlevin@ morrisjames.com)) and Foley & Lardner LLP, Washington Harbour, 3000 K Street, N.W., Suite 600, Washington, D.C. 20007 (Attn: Erika L. Morabito, Esq. (firstname.lastname@example.org) and Brittany J. Nelson, Esq. (email@example.com)); and (iv) counsel to Bank of America, N.A., as administrative agent under both the Debtors' prepetition secured credit facility and postpetition secured credit facility, Moore & Van Allen, PLLC, 100 North Tyron Street, Suite 4700, Charlotte, North Carolina 28202 (Attn: James R. Langdon, Esq. (jimlangdon@mvalaw. com)) and Buchanan Ingersoll & Rooney PC, 919 N. Market Street, Suite 990, Wilmington, Delaware 19801, (Attn: Geoffrey G. Grivner (Geoffrey.firstname.lastname@example.org) and Mark Pfeiffer (email@example.com)). 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor's federal tax identification number, as applicable, are SHL Liquidation Industries Inc. (f/k/a Shiloh Industries, Inc.) (7683), SHL Liquidation Greenfield Corp. (f/k/a Greenfield Die & Manufacturing Corp.) (8114), SHL Liquidation Jefferson Inc. (f/k/a Jefferson Blanking Inc.) (7850), SHL Liquidation Automotive Inc. (f/k/a Shiloh Automotive, Inc.) (1339), SHL Liquidation Corporation (f/k/a Shiloh Corporation) (5101), SHL Liquidation Inc. Dickson (f/k/a Shiloh Industries, Inc. Dickson Manufacturing Division) (5835), SHL Liquidation International Inc. (f/k/a Shiloh Holdings International, Inc.) (1446), SHL Liquidation C&H Company (f/k/a C & H Design Company) (9432), SHL Liquidation Liverpool Incorporated (f/k/a Liverpool Coil Processing, Incorporated) (0571), SHL Liquidation Medina Inc. (f/k/a Medina Blanking, Inc.) (0707), SHL Liquidation Sectional Company (f/k/a The Sectional Die Company) (3562), SHL Liquidation VCS LLC (f/k/a VCS Properties, LLC) (1094), SHL Liquidation Die LLC (f/k/a Shiloh Die Cast LLC) (5814), SHL Liquidation Holdings LLC (f/k/a Shiloh Manufacturing Holdings LLC) (0853), SHL Liquidation FMS LLC (f/k/a FMS Magnum Holdings LLC) (6471), SHL Liquidation StampingInc.(f/k/aSectionalStamping,Inc.)(8967),SHLLiquidationAlbanyLLC(f/k/aAlbanyChicago Company LLC) (4687), SHL Liquidation Midwest LLC (f/k/a Shiloh Die Cast Midwest LLC) (4114), and SHL Liquidation Manufacturing LLC (f/k/a Shiloh Manufacturing LLC) (1628). The Debtors' noticing address in these Chapter 11 Cases is 880 Steel Drive, Valley City, Ohio 44280. 2 References to Exhibits and capitalized terms not otherwise defined in this Notice have the meanings given to them in the Plan and the Disclosure Statement Order, as applicable.