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You further agree that by utilizing this site, your rights and obligations, as well as the rights and obligations of KCC, shall be governed, at KCC's sole discretion, by the laws of the State of California. Kacmarcik [email protected], Cifelli, Ellis & Nason, P. 1117 Perimeter Center West Suite W212 Atlanta, GA 30338 T: 404-262-7373 F: 404-262-9911 Co-Counsel to the CDC Liquidation Trust J. [email protected] Sanders LLP The Chrysler Building 405 Lexington Avenue New York, NY 10174-0700 T: 212-704-6000 F: 212-704-6288 Kurtzman Carson Consultants LLC ("KCC”) maintains this website at the direction of Lamberth, Cifelli, Ellis & Nason, P. KCC maintains this website for the public's convenience and, while KCC makes every attempt to ensure the accuracy of the information contained herein, this website is not the website of the United States Bankruptcy Court and does not contain the complete, official record of the Bankruptcy Court.
Electronic mail or other communications through this website or otherwise to KCC or any party in connection with any matter will not be treated as privileged or confidential. All documents filed with the Court are available for inspection at the Clerk of the Bankruptcy Court, Northern District of Georgia.
On June 28, 2019, the Debtors filed a further amended Plan of Liquidation (as amended from time to time, the Amended Plan of Liquidation) and a Disclosure Statement for the Amended Plan of Liquidation (as amended from time to time, the Amended Disclosure Statement) describing the Amended Plan of Liquidation and the solicitation of votes to approve the same from certain of the Debtors creditors with respect to the Chapter 11 Cases. (6533); LLC (9022); Sears Brands Management Corporation (5365); and SRe Holding Corporation (4816). The following terms shall have the respective meanings specified below: 1.1 1995 Unsecured SRAC Notes means the notes issued under the 1995 Unsecured SRAC Notes Indenture. 1.4 1995 Unsecured SRAC Notes Trustee means The Bank of New York Mellon Trust Company, N.
Among other things, the Amended Plan of Liquidation and Amended Disclosure Statement reflected certain changes relating to the treatment of claims and interests for certain creditors, the governance structure of the Liquidating Trust, additional risk factors to be considered and certain other changes relating to the treatment of claims and interests for certain creditors. The location of the Debtors corporate headquarters is 3333 Beverly Road, Hoffman Estates, Illinois 60179. C., Sears Buying Services, Inc., LLC, Sears Brands Management Corporation, and SRe Holding Corporation (each, a Debtor and, collectively, the Debtors) propose the following joint chapter 11 plan of liquidation pursuant to section 1121(a) of the Bankruptcy Code. 1.2 1995 Unsecured SRAC Notes Claims means all Claims arising under, derived from, or in connection with, the 1995 Unsecured SRAC Notes and/or the 1995 Unsecured SRAC Notes Indenture. A., solely in its capacity as successor trustee under the 1995 Unsecured SRAC Notes Indenture or any predecessor or successor thereto.
☐ Emerging growth company If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.
☐ As previously disclosed, on October 15, 2018 (the Petition Date), Sears Holdings Corporation (the Company) and certain of its subsidiaries (together with the Company, the Debtors) filed voluntary petitions (the Chapter 11 Cases) in the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court) seeking relief under chapter 11 of title 11 of the United States Code (the Bankruptcy Code), The Chapter 11 Cases are being jointly administered under the caption In re Sears Holdings Corporation, et al., Case filed with the Securities and Exchange Commission (the SEC) on February 14, 2019, on February 11, 2019, the Company and certain of its subsidiaries completed a sale of substantially all of the retail footprint and other assets and component businesses of the Company as a going concern pursuant to that certain Asset Purchase Agreement, dated January 17, 2019, with Transform Holdco LLC ( Transform), an affiliate of ESL Investments, Inc., a significant creditor and shareholder of the Company.
As previously disclosed in a Current Report on Form filed with the SEC on April 18, 2019, on April 17, 2019, the Debtors filed a proposed Joint Chapter 11 Plan of Liquidation (the Plan of Liquidation) and a Disclosure Statement (the Disclosure Statement) describing the Plan of Liquidation and the solicitation of votes to approve the same from certain of the Debtors creditors with respect to the Chapter 11 Cases.
You can access your K-1 by clicking the link below.Securities registered pursuant to Section 12(b) of the Act: None.Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or this chapter).Various statements in this Current Report on Form or documents referred to herein, including those that express a belief, expectation or intention, as well as those that are not statements of historical fact, are forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended (the Securities Act), and Section 21E of the Securities Exchange Act of 1934, as amended. 1.21 Canadian Causes of Action means, Causes of Action that have been asserted (or may be asserted in connection with these Claims and Causes of Action) by or on behalf of any party in interest in the Companies Creditors Arrangement Act, R. 1.24 Cause means the commission of a crime under the laws of the United States or any State thereof involving fraud, theft, false statements or other similar acts, or the commission of any crime that is a felony (or a comparable classification in a jurisdiction that does not use such terms) under such laws; the willful or grossly negligent failure to perform employment-related duties for the Liquidating Trust Board; or the willful or grossly negligent violation of any written policy adopted by the Liquidating Trust Board as may be in effect from time to time.All statements, other than statements of historical facts, included in this filing that address activities, events or developments that the Company expects, believes, targets or anticipates will or may occur in the future are forward-looking statements. 1.25 Causes of Action means any action, Claim, cross-claim, third-party claim, cause of action, controversy, demand, right, lien, indemnity, guaranty, suit, obligation, liability, loss, debt, damage, judgment, account, defense, remedies, offset, power, privilege, license and franchise of any kind or character whatsoever, known, unknown, foreseen or unforeseen, existing or hereafter arising, contingent or matured or unmatured, suspected or unsuspected, liquidated or unliquidated, disputed or undisputed, secured or unsecured, assertable directly or derivatively, whether arising before, on, or after the Commencement Date, in contract or in tort, in law or in equity or pursuant to any other theory of law (including, without limitation, under any state or federal securities laws).