TABLE OF EXHIBITS. Exhibit A-1 Form of Class A-1 Certificate Exhibit A-2 Form of Class A-2 Certificate Exhibit A-3 Form of Class A-3 Certificate Exhibit A-4 Form of Class A-4 Certificate Exhibit A-5 Form of Class A-AB Certificate Exhibit A-6 Form of Class X-A Certificate Exhibit A-7 Form of Class X-B Certificate Exhibit A-8 Form of Class A-S Certificate Exhibit A-9 Form of Class B Certificate Exhibit A-10 Form of Class EC Certificate Exhibit A-11 Form of Class C Certificate Exhibit A-12 Form of Class D Certificate Exhibit A-13 Form of Class X-D Certificate Exhibit A-14 Form of Class E Certificate Exhibit A-15 Form of Class F Certificate Exhibit A-16 Form of Class G Certificate Exhibit A-17 Form of Class R Certificate Exhibit B Mortgage Loan Schedule Exhibit C Form of Request for Release Exhibit D Form of Distribution Date Statement Exhibit E Form of Transfer Certificate for Rule 144A Global Certificate to Temporary Regulation S Global Certificate Exhibit F Form of Transfer Certificate for Rule 144A Global Certificate to Regulation S Global Certificate Exhibit G Form of Transfer Certificate for Temporary Regulation S Global Certificate to Rule 144A Global Certificate during Restricted Period Exhibit H Form of Certification to be given by Certificate Owner of Temporary Regulation S Global Certificate Exhibit I Form of Transfer Certificate for Non-Book Entry Certificate to Temporary Regulation S Global Certificate Exhibit J Form of Transfer Certificate for Non-Book Entry Certificate to Regulation S Global Certificate Exhibit K Form of Transfer Certificate for Non-Book Entry Certificate to Rule 144A Global Certificate Exhibit L-1 Form of Affidavit Pursuant to Sections 860D(a)(6)(A) and 860E(e)(4) of the Internal Revenue Code of 1986, as Amended Exhibit L-2 Form of Transferor Letter Exhibit L-3 Form of Transferee Letter Exhibit L-4 Form of Investment Representation Letter Exhibit M-1A Form of Investor Certification for Obtaining Information and Notices (for persons other than the Controlling Class Representative and/or a Controlling Class Certificateholder) Exhibit M-1B Form of Investor Certification for Non-Borrower Party (for the Controlling Class Representative and/or a Controlling Class Certificateholder) Exhibit M-1C Form of Investor Certification for Borrower Party (for the Controlling Class Representative and/or a Controlling Class Certificateholder) Exhibit M-1D Form of Investor Certification for Borrower Party (for persons other than the Controlling Class Representative ...
TABLE OF EXHIBITS. Exhibit A Family Shareholders Exhibit B Form of Voting Agreement Exhibit C Form of Limited Guarantee Exhibit D Form of Certificate of Incorporation of the Surviving Corporation Exhibit E Form of By-laws of the Surviving Corporation Affiliate 54 Excluded Shares 55 Agreement 1 Expenses 56 Ancillary Agreements 54 Family Corp 1 Associate 55 Family Shareholders 1 Bankruptcy and Equity Exception 13 Family Stock 1 Board of Directors 1 FCPA 17 Book-Entry Shares 3 Fee Property 19 Business 55 Financing Group 53 Business Combination Transaction 42 GAAP 14 Business Day 55 Governmental Approvals 14 Capitalization Date 11 Governmental Entity 14 Certificate 3 Grant Date 11 Change in the Company Recommendation 5 Guarantor 1 Class B Stock 1 Xxxxxx Xxxxxxx 56 Closing 2 Hazardous Substances 56 Closing Date 2 Indebtedness 56 Code 9 Indemnified Person 36 Common Stock 1 Insurance Policies 26 Company 1 Intellectual Property 56 Company Benefit Plan 20 Intervening Event 42 Company Board Recommendation 5 IRS 57 Company Contracts 25 Knowledge 57 Company Disclosure Letter 10 Law 57 Company Financial Statements 55 Laws 57 Company Intellectual Property 23 Leased Property 19 Company Related Parties 48 Liens 57 Company Shareholder Approval 27 Limited Guarantee 2 Company Shareholders Meeting 5 Material Adverse Effect 57 Company Stock 1 Merger 2 Consents 55 Merger Certificate 2 Constituent Documents 55 Merger Consideration 3 Contribution Agreement 1 Merger Sub 1 Customers 18 Minority Approval 27 Debt Commitment Letter 30 NASDAQ 58 Debt Financing 30 NYBCL 58 Debt Financing Sources 30 Order 58 Dissenting Shares 7 Parent 1 Effective Time 2 Parent Material Adverse Effect 29 Environmental Law 55 Parent-Related Parties 48 Environmental Permit 55 Parties 1 ERISA 55 Paying Agent 7 ERISA Affiliate 55 Paying Agent Agreement 7 ESPP 4 Payment Fund 7 Exchange Act 55 Permits 17 Permitted Lien 58 Special Committee 1 Person 58 Stock Option 4 Principal Shareholder Option 4 Subsidiary 59 Principal Shareholders 1 Superior Alternative 43 Proceeding 34 Superior Proposal 43 Proxy Statement 5 Suppliers 18 Public Shareholders 1 Surviving Corporation 2 Real Property 19 Takeover Proposal 42 Real Property Leases 19 Tax 59 Related Person 58 Tax Return 59 Release 58 Taxes 59 Representatives 58 Taxing Authority 59 Rollover Agreement 1 Termination Date 59 Xxxxxxxx-Xxxxx Act 16 Third Party 59 Schedule 13E-3 5 Trade Secrets 59 SEC 59 Transfer Tax 60 SEC Clearance 6 Transmittal Documents 8 SEC Reports 14 Voting Agreement 2...
TABLE OF EXHIBITS. Exhibit Exhibit Name ------- ------------ A Plan B Modification C Rejection Bar Date Notice D Cure Amount Notice E Confirmation Notice F Initial Board of Directors of Reorganized ICG INTRODUCTION ------------ The above-captioned debtors and debtors in possession (collectively, the"Debtors") having proposed the Second Amended Joint Plan of Reorganization of ICG Communications, Inc. and its Affiliated Debtors and Debtors in Possession, dated April 3, 2002 (the "Original Plan"); the Bankruptcy Court having entered its Order (I) Approving Procedures and Materials Employed to Provide Notice of the Disclosure Statement Hearing, (II) Approving Disclosure Statement, (III) Determining Treatment of Certain Claims for Notice and Voting Purposes, (IV) Scheduling Hearing on Confirmation of the Plan, (V) Establishing Record Date and Procedures for Filing Objections to the Plan and Temporary Allowance of Claims and (VI) Approving Solicitation Procedures for Confirmation, dated April 3, 2002 (the "Original Solicitation Order") [Docket No. 1349]; a hearing pursuant to section 1129 of the Bankruptcy Code to consider confirmation of the Original Plan having been held on May 20, 2002 (the "First Confirmation Hearing"); the Bankruptcy Court having entered its Findings of Fact, Conclusions of Law, and Order Confirming Second Amended Joint Plan of Reorganization of ICG Communications, Inc. and its Affiliated Debtors and Debtors in Possession, dated May 21, 2002 (the "Original Confirmation Order") [Docket No. __]; the substantial consummation of the Original Plan, within the meaning of section 1127 of the Bankruptcy Code having not occurred; the Debtors having proposed the Modification to Second Amended Joint Plan of Reorganization of ICG Communications, Inc. et al., dated July __, 2002 (the "Modification" and the Original Plan as modified by the Modification, the "Modified Plan")1 [Docket No. __]; the Bankruptcy Court -------- 2 This Second Confirmation Order constitutes the Bankruptcy Court's findings of fact and conclusions of law under Fed. R. Civ. P. 52, as made applicable herein by Bankruptcy Rules 7052 and 9014. Any finding of fact shall constitute a finding of fact even if it is stated as a conclusion of law, and any conclusion of law shall constitute a conclusion of law even if it is stated as a finding of fact.
TABLE OF EXHIBITS. Exhibit Title Page
TABLE OF EXHIBITS. Document Exhibit Number Frame Replacement Reimbursement Claim Form 1 Final Judgment 2 Final Order 3 Long Form Notice 4 Preliminary Approval Order 5 Direct Mail Notice 6 List of Subject Vehicles 7 Publication Notice 8 Settlement Notice Administrator’s Declaration 9 Request to Opt Out/Request for Exclusion Form 10 Inspection Protocol 11
TABLE OF EXHIBITS. Exhibit 1 Form of Servicer Custodial Certification Exhibit 2-A Form of Initial Certification Exhibit 2-B Form of Final Certification Exhibit 3 Form of Recordation Report Exhibit 4 Form of Request for Release Exhibit 5 Form of Rule 144A Agreement Exhibit 6 Form of Transferee Agreement Exhibit 7 Form of Benefit Plan Affidavit Exhibit 8 Form of Residual Transferee Agreement Exhibit 9 Form of Power of Attorney
TABLE OF EXHIBITS. Exhibit A-1.............Form of Letter Agreement with Company Affiliates Exhibit A-2.............Form of Letter Agreement with Parent Affiliates Exhibit B-1.........
TABLE OF EXHIBITS. Exhibit Description A Publication Notice B Long-Form Notice C [Proposed] Preliminary Approval Order D Protective Order Pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Subject to Court approval, this Class Settlement Agreement And Release is entered into between and among the following parties (the “Parties”), by and through their respective counsel: (a) Xxxxx Xxxxx, Xxxx Xxxxxxx, Xxxxxxxx Xxxxxxxx, Xxxxx Xxxxxx Xxxx, Xxxx Xxxxxxx, Xxx X’Xxxxxx, Xxx Xxxxx, Xxxx Xxxxxx, Xxxxxxx Xxxxxxxx, Xxxx XxXxxxxx, Xxxxxx Xxxxxxxxxx, Xxxxxx Xxxxxxxx, Xxxxx Xxxxxxx, Xxxxxxxxxx Xxxxxxx, Xxxxxxx Xxxxxxxxx, Xxxx Xxxxx, Xxxxxx Xxxxxxxx, Xxxxxxx Xxxxxx, Xxxx Xxxxx, Xxxxx Xxxxxxx, XxXxx Xxxxxxxx, Xxxxxx Xxxxxx, Xxxxxxx Xxxxxx, and Xxxx Xxxxxx as Class Representatives on behalf of themselves and as representatives of the Settlement Class (as such Settlement Class is hereinafter defined) (collectively the “Class Representatives”); and (b) the National Collegiate Athletic Association (“NCAA”) in order to effect a full and final settlement and dismissal with prejudice of all medical monitoring claims against the NCAA as alleged in the cases consolidated in In re No. 2492, Master Docket No. 1:13-cv-09116 (N.D. Ill.), on the terms set forth below and to the full extent reflected herein. Capitalized terms shall have the meaning ascribed to them above and below in Section II of this Agreement.
TABLE OF EXHIBITS. Exhibit Name
TABLE OF EXHIBITS. Exhibit A Business Combination Agreement Exhibit B Shareholders Exhibit C Convertible Loan Lenders Exhibit D Form of Power of Attorney (German) Exhibit E Form of Power of Attorney (Dutch) Preamble
