-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
PLEASE READ CAREFULLY THE MATERIALS ACCOMPANYING
AND CONTAINED WITHIN THIS BALLOT BEFORE COMPLETING
EACH SECTION AND MARKING YOUR CHOICES CLEARLY.
YOU SHOULD NOT RETURN THIS BALLOT IF YOU DO NOT WISH
TO CHANGE THE VOTE THAT YOU PREVIOUSLY CAST IN THESE CASES.
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF LOUISIANA
In re: ) No. 95-14545
) Section A
XXXXXX'X JAZZ COMPANY, )
) Chapter 11
Debtor. ) Reorganization
_____________________________)
)
In re: ) No. 95-14544
) Section A
XXXXXX'X JAZZ FINANCE CORP., )
) Chapter 11
Debtor. ) Reorganization
_____________________________)
)
In re: )
) No. 95-14871
XXXXXX'X NEW ORLEANS ) Section A
INVESTMENT COMPANY, )
) Chapter 11
Debtor. ) Reorganization
_____________________________)
BONDHOLDER'S BALLOT FOR CHANGING VOTE
Holders of claims based upon 14 1/4% first mortgage notes due 2001
("Bondholders") issued by Xxxxxx'x Jazz Company and Xxxxxx'x Jazz
Finance Corp. should use this ballot only if they wish to change the
votes that they previously cast in these cases. If you do not wish to
change your previous vote(s), please do not return this ballot.
Holders of all other claims against the above-captioned debtors should
not use this ballot. If you are not a Bondholder, please contact Xx.
Xxxx Xxxxxx, Price Waterhouse LLP, X.X. Xxx 00000, Xxxxxxx, XX 00000,
(000) 000-0000, and request an appropriate ballot for your class of
claim.
A PLAN OF REORGANIZATION CAN BE CONFIRMED BY THE COURT AND THEREBY MADE BINDING
ON YOU IF IT IS ACCEPTED BY THE HOLDERS OF AT LEAST TWO-THIRDS IN AMOUNT AND
MORE THAN ONE-HALF IN NUMBER OF CLAIMS IN EACH CLASS AND THE HOLDERS OF AT LEAST
TWO-THIRDS IN AMOUNT OF EQUITY SECURITY INTERESTS IN EACH CLASS VOTING ON THE
PLAN. THE "ORIGINAL PLAN" REFERRED TO IN THIS BALLOT RECEIVED THE REQUISITE
VOTES FOR CONFIRMATION BY THE COURT. VOTES CAST ON THE ORIGINAL PLAN WILL BE
DEEMED TO HAVE BEEN VOTED WITH RESPECT TO THE "MODIFIED PLAN" REFERRED TO IN
THIS BALLOT IN THE SAME MANNER IN WHICH THEY WERE CAST ON THE ORIGINAL PLAN,
UNLESS CREDITORS ELECT TO CHANGE THEIR VOTES. ACCORDINGLY, UNLESS A SUFFICIENT
AMOUNT AND NUMBER OF CREDITORS CHANGE THEIR VOTES WITH RESPECT TO THE MODIFIED
PLAN SUCH THAT ANY CLASS HAS NOT ACCEPTED THE MODIFIED PLAN BY THE REQUISITE
MAJORITIES REQUIRED UNDER THE BANKRUPTCY CODE, THE MODIFIED PLAN CAN BE
CONFIRMED BY THE COURT AND THEREBY MADE BINDING ON YOU. IN THE EVENT THAT
SUFFICIENT VOTES ARE CHANGED AND THUS THE REQUISITE ACCEPTANCES ARE NOT
OBTAINED, THE COURT NEVERTHELESS MAY CONFIRM THE MODIFIED PLAN IF THE COURT
FINDS THAT THE MODIFIED PLAN
ACCORDS FAIR AND EQUITABLE TREATMENT TO THE CLASS OR CLASSES REJECTING
IT AND OTHERWISE SATISFIES THE REQUIREMENTS OF SECTION 1129(b) OF THE
BANKRUPTCY CODE.
The above-captioned debtors (the "Debtors"), together with Xxxxxx'x
Entertainment, Inc., proposed the Third Amended Joint Plan of Reorganization,
dated February 26, 1997 (the "Original Plan"). The Debtors distributed to
creditors the Debtors' Third Amended Joint Disclosure Statement Pursuant to
Section 1125 of the Bankruptcy Code, dated February 26, 1997, along with copies
of the Original Plan, voting instructions and ballots. After a vote by the
Debtors' creditors and a hearing on confirmation of the Original Plan, the
United States Bankruptcy Court for the Eastern District of Louisiana confirmed
the Debtors' Original Plan on April 28, 1997. The Effective Date of the
Original Plan, however, has not occurred.
In July 1997, the Debtors solicited votes on a modified plan of reorganization
which contained changes that were objected to by the Louisiana Gaming Control
Board. The Bankruptcy Court has not conducted a hearing on confirmation of that
plan.
The Debtors are now proposing a different set of modifications to the Original
Plan, as set forth in the Third Amended Joint Plan of Reorganization, as
Modified Through December 10, 1997 (the "Modified Plan"). (Capitalized terms
not otherwise defined in this Ballot have the meanings assigned to them by the
Original Plan or the Modified Plan as the context requires.) Pursuant to
Section 1127(d) of the Bankruptcy Code, the Debtors are distributing this ballot
in order to give holders of claims an opportunity to change their previously
cast votes accepting or rejecting the Original Plan. You are receiving this
ballot because you returned a ballot with respect to the Original Plan and are,
therefore, entitled to change the vote(s) that you previously cast in these
cases. However, if your claim against the Debtors' estates is unliquidated,
disputed, or contingent or is subject to an objection filed with the Bankruptcy
Court, or you have sold or assigned your claim to a third party, your vote will
not be counted.
Below you will be asked to make a decision -- whether, as a Bondholder, you wish
to change your previous vote(s) to accept or reject the Original Plan. To
change the vote(s) that you previously cast to accept or reject the Original
Plan, please xxxx the appropriate boxes below.
UNDER SECTION 1127 OF THE BANKRUPTCY CODE, IF YOU DO NOT CHANGE YOUR VOTE, YOU
WILL BE DEEMED TO HAVE VOTED IN THE MANNER IN WHICH YOU VOTED ON THE ORIGINAL
PLAN. ACCORDINGLY IF YOU DO NOT WISH TO CHANGE YOUR VOTE(S), YOU NEED NOT AND
SHOULD NOT RETURN THIS BALLOT.
To change your previously cast vote(s), you must fully and accurately complete
this ballot and return it to the following address so as to be received no later
than 5:00 p.m., Central Standard Time, on January 16, 1998:
(for regular mail) Balloting Agent for IN RE XXXXXX'X JAZZ COMPANY, ET AL.
c/o Price Waterhouse LLP
X.X. Xxx 00000
Xxxxxxx, Xxxxxxxx 00000
(for overnight or Balloting Agent for IN RE XXXXXX'X JAZZ COMPANY, ET AL.
other courier c/o Price Waterhouse LLP
deliveries) Attn: Xx. Xxxx Xxxxxx
000 Xxxx Xxxxxxxx Xxxxx
Xxxxxxx, Xxxxxxxx 00000
ONLY BONDHOLDERS WHICH OWNED BONDS AS OF THE VOTING RECORD DATE ESTABLISHED BY
THE BANKRUPTCY COURT (NOVEMBER 25, 1996) ARE ENTITLED TO CHANGE THEIR VOTES ON
THE ORIGINAL PLAN. IF YOU ACQUIRED BONDS AFTER THE VOTING RECORD DATE OF
NOVEMBER 25, 1996 AND DESIRE TO CHANGE THE VOTE(S) OF THE BONDHOLDER(S) FROM
WHICH YOU ACQUIRED YOUR BONDS, YOU MUST FILE AND DELIVER A NOTICE OF TRANSFER
-2-
OF CLAIM IN ACCORDANCE WITH THE INSTRUCTIONS SET FORTH IN THE BONDHOLDER
PLAN NOTICE ACCOMPANYING THIS BALLOT, OR YOUR CHANGE OF VOTE WILL NOT BE
COUNTED.
THIS BALLOT CANNOT BE USED TO REVOKE, AND SHALL NOT CONSTITUTE A REVOCATION OF,
ANY RELEASE OF CLAIMS AGAINST CERTAIN THIRD PARTIES, ASSIGNMENT OF CLAIMS TO
JCC, AND ELECTION TO RECEIVE ADDITIONAL COMMON STOCK OF THE REORGANIZED COMPANY,
PREVIOUSLY PROVIDED BY A BONDHOLDER IN ACCORDANCE WITH THE TERMS OF THE ORIGINAL
PLAN AND THE BANKRUPTCY COURT'S ORDERS. IF YOU DESIRE TO REVOKE SUCH A RELEASE,
ASSIGNMENT OF CLAIMS AND ELECTION TO RECEIVE ADDITIONAL STOCK, YOU MUST FOLLOW
THE INSTRUCTIONS FOR REVOKING A RELEASE SET FORTH IN THE BONDHOLDER PLAN NOTICE
ACCOMPANYING THIS BALLOT, OR YOUR ORIGINAL RELEASE, ASSIGNMENT OF CLAIMS AND
ELECTION TO RECEIVE ADDITIONAL STOCK WILL BIND YOU AND REMAIN IN FULL FORCE AND
EFFECT.
I. CHANGE OF PREVIOUSLY CAST VOTE(S)
If you wish to change your vote(s), please xxxx your previous vote(s) on the
Original Plan, and then xxxx your new vote(s) on the Modified Plan in the
corresponding box. UNLESS YOU CHECK THE BOX AT THE END OF THIS BALLOT AND
PROVIDE THE REQUIRED INFORMATION, YOUR CHANGED VOTE WILL BE TABULATED IN SUCH
AMOUNT, AND IN SUCH CLASS(ES), AS IS INDICATED ON THE PRE-PRINTED LABEL AFFIXED
TO THIS BALLOT.
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
VOTE ON ORIGINAL PLAN VOTE ON MODIFIED PLAN
-------------------------------------------------------------------------------
XXXXXX'X JAZZ COMPANY
(CLASS A4) / / Accept / / Reject / / Accept / / Reject
-------------------------------------------------------------------------------
XXXXXX'X JAZZ FINANCE CORP.
(CLASS B3)
/ / Accept / / Reject / / Accept / / Reject
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
II. CERTIFICATIONS
By returning this Bondholder's Ballot For Changing Vote ("Bondholder Ballot"),
the undersigned Bondholder certifies that:
a. As of the date below, it owns $________ (face amount) in Bonds;
b. It has previously cast one or more votes on the Debtors' Original Plan
in the class(es) specified herein and it wishes to change such vote(s) as set
forth above;
c. It has not submitted any other Bondholder Ballots with respect to the
Modified Plan, or if it has submitted other Bondholder Ballots with respect to
the Modified Plan, such earlier Bondholder Ballots are hereby revoked;
d. It has been provided with a copy of the Debtors' Fifth Amended Joint
Disclosure Statement Pursuant to Sections 1125 and 1127 of the Bankruptcy Code,
dated as of December 10, 1997 (the "Disclosure Statement");
e. It has the full power and authority to change its previous vote(s) to
accept or reject the Original Plan; and
f. It acknowledges that this solicitation is subject to all the terms and
conditions set forth in the Disclosure Statement.
-3-
[ PRE-PRINTED LABEL CONTAINING
BONDHOLDER IDENTITY AND ADDRESS]
Dated: ________________ Signature:_________________________________
By (if applicable):_________________________________
(print or type)
Title (if applicable):_________________________________
(print or type)
/ / Check this box if any of the information on the above pre-printed
label is incorrect, and provide the correct information below.
NAME: _________________________________________
ADDRESS: _________________________________________
_________________________________________
_________________________________________
CLAIM
CLASS(ES) _________________________________________
CLAIM
AMOUNT: _________________________________________
YOUR BALLOT WILL NOT BE COUNTED UNLESS RECEIVED BY PRICE WATERHOUSE LLP AT THE
ADDRESS LISTED ABOVE BY 5:00 P.M. (C.S.T.) ON JANUARY 16, 1998.
THIS BALLOT DOES NOT CONSTITUTE AND SHALL NOT BE DEEMED A PROOF OF CLAIM OR AN
ASSERTION OF A CLAIM AGAINST THE DEBTORS
-4-
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
PLEASE READ CAREFULLY THE MATERIALS ACCOMPANYING
AND CONTAINED WITHIN THIS BALLOT BEFORE COMPLETING
EACH SECTION AND MARKING YOUR CHOICES CLEARLY.
YOU SHOULD NOT RETURN THIS BALLOT IF YOU DO NOT WISH
TO CHANGE THE VOTE THAT YOU PREVIOUSLY CAST IN THESE CASES.
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF LOUISIANA
In re: ) No. 95-14545
) Section A
XXXXXX'X JAZZ COMPANY, )
) Chapter 11
Debtor. ) Reorganization
_____________________________)
)
In re: ) No. 95-14544
) Section A
XXXXXX'X JAZZ FINANCE CORP., )
) Chapter 11
Debtor. ) Reorganization
_____________________________)
)
In re: )
) No. 95-14871
XXXXXX'X NEW ORLEANS ) Section A
INVESTMENT COMPANY, )
) Chapter 11
Debtor. ) Reorganization
_____________________________)
BALLOT FOR CHANGING VOTE ON DEBTORS' ORIGINAL PLAN
Holders of claims against the above-captioned debtors (other than
bondholders) should use this ballot only if they wish to change the
votes that they previously cast in these cases. If you do not wish to
change your previous vote, please do not return this ballot.
Holders of claims based upon 14 1/4% first mortgage notes due 2001 issued
by Xxxxxx'x Jazz Company and Xxxxxx'x Jazz Finance Corp. and holders of
WARN Act or ERISA claims should not use this ballot. If you are a
bondholder or holder of a WARN Act or ERISA claim, please contact Xx.
Xxxx Xxxxxx, Price Waterhouse LLP, X.X. Xxx 00000, Xxxxxxx, XX 00000,
(000) 000-0000, and request an appropriate ballot for your class of
claim.
A PLAN OF REORGANIZATION CAN BE CONFIRMED BY THE COURT AND THEREBY MADE BINDING
ON YOU IF IT IS ACCEPTED BY THE HOLDERS OF AT LEAST TWO-THIRDS IN AMOUNT AND
MORE THAN ONE-HALF IN NUMBER OF CLAIMS IN EACH CLASS AND THE HOLDERS OF AT LEAST
TWO-THIRDS IN AMOUNT OF EQUITY SECURITY INTERESTS IN EACH CLASS VOTING ON THE
PLAN. THE "ORIGINAL PLAN" REFERRED TO IN THIS BALLOT RECEIVED THE REQUISITE
VOTES FOR CONFIRMATION BY THE COURT. VOTES CAST ON THE ORIGINAL PLAN WILL BE
DEEMED TO HAVE BEEN VOTED WITH RESPECT TO THE "MODIFIED PLAN"
REFERRED TO IN THIS BALLOT IN THE SAME MANNER IN WHICH THEY WERE CAST ON
THE ORIGINAL PLAN, UNLESS CREDITORS ELECT TO CHANGE THEIR VOTES.
ACCORDINGLY, UNLESS A SUFFICIENT AMOUNT AND NUMBER OF CREDITORS CHANGE
THEIR VOTES WITH RESPECT TO THE MODIFIED PLAN SUCH THAT ANY CLASS HAS
NOT ACCEPTED THE MODIFIED PLAN BY THE REQUISITE MAJORITIES REQUIRED
UNDER THE BANKRUPTCY CODE, THE MODIFIED PLAN CAN BE CONFIRMED BY THE
COURT AND THEREBY MADE BINDING ON YOU. IN THE EVENT THAT SUFFICIENT
VOTES ARE CHANGED AND THUS THE REQUISITE ACCEPTANCES ARE NOT OBTAINED,
THE COURT NEVERTHELESS MAY CONFIRM THE MODIFIED PLAN IF THE COURT FINDS
THAT THE MODIFIED PLAN ACCORDS FAIR AND EQUITABLE TREATMENT TO THE CLASS
OR CLASSES REJECTING IT AND OTHERWISE SATISFIES THE REQUIREMENTS OF
SECTION 1129(b) OF THE BANKRUPTCY CODE.
The above-captioned debtors (the "Debtors"), together with Xxxxxx'x
Entertainment, Inc., proposed the Third Amended Joint Plan of Reorganization,
dated February 26, 1997 (the "Original Plan"). The Debtors distributed to
creditors the Debtors' Third Amended Joint Disclosure Statement Pursuant to
Section 1125 of the Bankruptcy Code, dated February 26, 1997, along with copies
of the Original Plan, voting instructions and ballots. After a vote by the
Debtors' creditors and a hearing on confirmation of the Original Plan, the
United States Bankruptcy Court for the Eastern District of Louisiana confirmed
the Debtors' Original Plan on April 28, 1997. The Effective Date of the
Original Plan, however, has not occurred.
In July 1997, the Debtors solicited votes on a modified plan of reorganization
which contained changes that were objected to by the Louisiana Gaming Control
Board. The Bankruptcy Court has not conducted a hearing on confirmation of
that plan.
The Debtors are now proposing a different set of modifications to the Original
Plan, as set forth in the Third Amended Joint Plan of Reorganization, as
Modified Through December 10, 1997 (the "Modified Plan"). (Capitalized terms
not otherwise defined in this Ballot have the meanings assigned to them by the
Original Plan or the Modified Plan as the context requires.) Pursuant to
Section 1127(d) of the Bankruptcy Code, the Debtors are distributing this ballot
in order to give holders of claims an opportunity to change their previously
cast votes accepting or rejecting the Original Plan. You are receiving this
ballot because you returned a ballot with respect to the Original Plan and are,
therefore, entitled to change the vote(s) that you previously cast in these
cases. However, if your claim against the Debtors' estates is unliquidated,
disputed, or contingent or is subject to an objection filed with the Bankruptcy
Court, or you have sold or assigned your claim to a third party, your vote will
not be counted.
Below you will be asked to make a decision -- whether, as a creditor, you wish
to change your previous vote to accept or reject the Original Plan. To change
the vote that you previously cast to accept or reject the Original Plan, please
xxxx the appropriate boxes below.
UNDER SECTION 1127 OF THE BANKRUPTCY CODE, IF YOU DO NOT CHANGE YOUR VOTE, YOU
WILL BE DEEMED TO HAVE VOTED IN THE MANNER IN WHICH YOU VOTED ON THE ORIGINAL
PLAN. ACCORDINGLY IF YOU DO NOT WISH TO CHANGE YOUR VOTE, YOU NEED NOT AND
SHOULD NOT RETURN THIS BALLOT.
To change your previously cast vote, you must fully and accurately complete this
ballot and return it to the following address so as to be received no later than
5:00 p.m., Central Standard Time, on January 16, 1998:
Balloting Agent for IN RE XXXXXX'X JAZZ COMPANY, ET AL.
c/o Price Waterhouse LLP
X.X. Xxx 00000
Xxxxxxx, Xxxxxxxx 00000
-2-
I. CHANGE OF PREVIOUSLY CAST VOTE
If you wish to change your vote, please xxxx your previous vote on the Original
Plan, and then xxxx your new vote on the Modified Plan in the corresponding box.
UNLESS YOU CHECK THE BOX AT THE END OF THIS BALLOT AND PROVIDE THE REQUIRED
INFORMATION, YOUR CHANGED VOTE WILL BE TABULATED IN SUCH AMOUNT (IF APPLICABLE)
AND IN SUCH CLASS AS IS INDICATED ON THE PRE-PRINTED LABEL AFFIXED TO THIS
BALLOT.
---------------------------------------------------
---------------------------------------------------
VOTE ON ORIGINAL PLAN VOTE ON MODIFIED PLAN
---------------------------------------------------
/ / Accept / / Reject / / Accept / / Reject
---------------------------------------------------
---------------------------------------------------
II. CERTIFICATIONS
By returning this Ballot For Changing Vote on Debtors' Original Plan ("Ballot"),
the undersigned creditor certifies that:
a. As of the date below, it holds a claim against one or more of the
Debtors which it has not sold, assigned or transferred to a third party;
b. It has previously cast a vote on the Debtors' Original Plan in the
class specified herein and it wishes to change such vote as set forth above;
c. It has not submitted any other Ballots with respect to the Modified
Plan, or if it has submitted other Ballots with respect to the Modified Plan,
such earlier Ballots are hereby revoked;
d. It has been provided with a copy of the Debtors' Fifth Amended Joint
Disclosure Statement Pursuant to Sections 1125 and 1127 of the Bankruptcy Code,
dated as of December 10, 1997 (the "Disclosure Statement");
e. It has the full power and authority to change its previous vote(s) to
accept or reject the Original Plan; and
f. It acknowledges that this solicitation is subject to all the terms and
conditions set forth in the Disclosure Statement.
-3-
[PRE-PRINTED LABEL CONTAINING
CREDITOR IDENTITY AND ADDRESS]
Dated: ________________ Signature:_________________________________
By (if applicable):_________________________________
(print or type)
Title (if applicable):_________________________________
(print or type)
/ / Check this box if any of the information on the above pre-printed label is
incorrect, and provide the correct information below.
NAME: _________________________________________
ADDRESS: _________________________________________
_________________________________________
_________________________________________
CLAIM
CLASS(ES) _________________________________________
CLAIM
AMOUNT: _________________________________________
YOUR BALLOT WILL NOT BE COUNTED UNLESS RECEIVED BY PRICE WATERHOUSE LLP AT THE
ADDRESS LISTED ABOVE BY 5:00 P.M. (C.S.T.) ON JANUARY 16, 1998.
THIS BALLOT DOES NOT CONSTITUTE AND SHALL NOT BE DEEMED A PROOF OF CLAIM OR AN
ASSERTION OF A CLAIM AGAINST THE DEBTORS
-4-
