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On May 1, 2004, The Flintkote Company filed a voluntary Chapter 11 petition in the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court"). On August 25, 2004, Flintkote Mines Limited filed a voluntary Chapter 11 petition with the Bankruptcy Court. On September 9, 2004, the Bankruptcy Court entered an order directing that these cases be jointly administered for procedural purposes under case number 04-11300 and these cases are assigned to the Honorable Judith K. Fitzgerald. A modified amended joint plan for the chapter 11 reorganization of The Flintkote Company (“Flintkote”) and Flintkote Mines Limited (collectively, the “Debtors”) called the Amended Joint Plan of Reorganization in Respect of The Flintkote Company and Flintkote Mines Limited (as Modified) dated July 17, 2009 (the “Modified Amended Plan”) was filed with the Bankruptcy Court. The Modified Amended Plan is jointly proposed by the Debtors, the Official Committee of Asbestos Personal Injury Claimants and the Legal Representative for Future Claimants. A supplemental document describing the minor modifications embodied under the Modified Amended Plan, called the “Supplemental Disclosure Document,” was approved by the Bankruptcy Court on July 30, 2009 and, together with a copy of the Modified Amended Plan itself and voting materials, called a “Solicitation Package,” has been mailed to known holders of claims against the Debtors or their lawyers. PRIOR VOTES NO LONGER VALID AND NOT COUNTED The Debtors solicited votes to accept or reject the Amended Joint Plan of Reorganization, dated as of September 8, 2008 (the “Original Amended Plan”) and tabulated all votes received by December 18, 2008. You may have previously received a Solicitation Package and/or submitted a vote to accept or reject the Original Amended Plan pursuant to this prior solicitation. In light of modifications to the Original Amended Plan, the Debtors are undertaking a limited resolicitation of votes from the holders of Asbestos Personal Injury Claims to accept or reject the Modified Amended Plan. Any prior vote you may have submitted to accept or reject the Original Amended Plan is no longer valid and will not be counted as a vote towards the Modified Amended Plan. To have your vote counted towards the tabulation of votes under the Modified Amended Plan, you will need to submit a new vote. IMPORTANT PLAN PROVISIONS REGARDING ASBESTOS The Modified Amended Plan provides for a Trust to be set up to liquidate and, as appropriate, pay all eligible asbestos personal injury claims against the Debtors. The Modified Amended Plan provides that persons and entities with asbestos-related personal injury claims against Flintkote will be forever barred from asserting their claims directly against Flintkote. You should read the Modified Amended Plan and Supplemental Disclosure Document carefully for details about how this may affect your rights. HOW TO VOTE ON THE PLAN The Bankruptcy Court has issued an order describing exactly who can vote on the Modified Amended Plan and how to vote. The Supplemental Disclosure Document contains information that will help you decide how to vote on the Modified Amended Plan if you are entitled to do so. Your legal rights may be affected if you do not vote on the Modified Amended Plan. To be counted, a ballot voting on the plan must be received by the Voting Agent by 5:00 p.m. prevailing Eastern time on September 21, 2009. If a ballot is not received by that date and time, it will not be counted. ASBESTOS PERSONAL INJURY Proof of an asbestos personal injury or wrongful death claim does not have to be filed with the Bankruptcy Court at this time. The Bankruptcy Court has established special procedures for holders of asbestos personal injury and wrongful death claims to vote on the Modified Amended Plan. Lawyers for holders of these claims may vote on the Modified Amended Plan on behalf of their clients if authorized by their client. If you are unsure whether your lawyer is authorized to vote on your behalf, please contact your lawyer. THE HEARING TO CONFIRM THE PLAN A hearing to confirm the Modified Amended Plan (the “Confirmation Hearing”) will be held before the Honorable Judith K. Fitzgerald, United States Bankruptcy Judge, at the United States Bankruptcy Court for the Western District of Pennsylvania, 5490 U.S. Steel Tower, 600 Grant Street, Pittsburgh, PA 15219, commencing on July 19, 2010 at 9:00 a.m. (Eastern time). You may attend the hearing, but are not required to do so. If you want to object to the Modified Amended Plan, objections must be submitted in writing and received by September 21, 2009 to be considered. Objections to the Modified Amended Plan should be sent to the Clerk of the Bankruptcy Court, United States Bankruptcy Court for the District of Delaware, 824 Market Street, 3rd Floor, Wilmington, Delaware 19801. If you or your attorney do not file an objection, the Court may conclude that you do not oppose confirmation of the Modified Amended Plan and may enter an order confirming the Modified Amended Plan by which you will be bound. All documents filed with the Bankruptcy Court are available for inspection by accessing the Bankruptcy Court's website at www.deb.uscourts.gov. Please contact PACER at www.pacer.psc.uscourts.gov to obtain the internet password required to gain access to the documents. You will not be able to obtain copies of documents by calling the Bankruptcy Court directly. To view documents related to this Notice, you should click on the Amended Joint Plan of Reorganization and Amended Disclosure Statement links on the left side of this page. Please note that The Garden City Group, Inc., the Voting Agent in these cases, is not permitted to give legal advice. |
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