Effective Date of BK Plan
posted on
Sep 01, 2015 08:50AM
According to PTSC 10K dated August 31, 2015, TPL’s BK Effective Date is still pending:
On March 20, 2013, TPL filed a petition under Chapter 11 of the United States Bankruptcy Code. A Joint Plan of Reorganization (the "Joint Plan") between TPL and the creditor's committee was confirmed by the Bankruptcy Court on February 11, 2015 with the entered confirmation order becoming final on April 2, 2015. The Joint Plan provides that the Effective Date, which remains pending, will be the later of (i) the first business day that is at least 30 days after the entry of the confirmation order or (ii) the first Business Day on which the reorganized company has sufficient cash to make all payments required under the Plan on the Effective Date. We have been appointed to the creditors' committee and have been closely monitoring the progress in this matter as it relates to our interest in PDS. In the event we are required to provide funding to PDS that is not reciprocated by TPL, our ownership percentage in PDS will increase and we will have a controlling financial interest in PDS, in which case, we will consolidate PDS in our consolidated financial statements. See overview http://biz.yahoo.com/e/150831/ptsc10-k.html
According to TPL BK Pacer Dated August 28, 2015 the Notice of Effective Date is August 28
See BaNosser Post on Agoracom http://agoracom.com/ir/patriot/forums/discussion/topics/650893-tpl-bk-pacers/messages/2042713#message
If Patriot has representation on the TPL BK Committee and the BK effective date was Aug 28, why does Patriot’s 10K dated August 31 state that the Effective Date remains pending?
According to the TPL BK Plan
To the extent not already terminated, on the Effective Date, Leckrone
shall be terminated as manager and Chairman of TPL, as a member of the PDS Management Committee, and shall not exercise any supervisory, managerial, officer or decision making role for TPL, until such time as Allowed Claims in Classes1, 2, 3, 4, 5 and 6 have been paid in full pursuant to the Plan. Subsequent to payment of all Allowed Claims in Classes 1, 2, 3, 4, 5 and 6 in full with interest pursuant to the Plan, Leckrone shall be automatically restored to any such roles as they existed prior to the Effective
Date.
See page 32 of 116 http://photos.imageevent.com/banos/tplbk/Chapter%2011%20Plan%20of%20Reorganization%20by%20TPL%201-8-15.pdf
Note: Dan Leckrone signed the IP Side Letter Dated August 27 as a Manager of PDS. Is he now off the PDS management committee?