Letter of Transmittal to Noteholders and Registration Form
Document:
Letter of Transmittal to Noteholders and Registration Form
*Please read the Letter of Transmittal to Noteholders and Registration Form carefully and in its entirety*
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Security |
10.75% Senior Secured Notes due 2017 (the “Unexchanged Notes”) | (CUSIP No. 76972KAC3) |
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Surrender Expiration Date |
March 23, 2017 at 5:00 P.M. (Prevailing Eastern Time) |
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Distribution |
i) Each holder of Unexchanged Notes that, in the aggregate, holds equal to or in excess of $9,000 in principal amount of Unexchanged Notes (each such holder, a “Class 5(a) Holder”) shall receive its pro-rata share of New Stock, subject to dilution for the Management Incentive Plan. ii) Each holder of Unexchanged Notes that, in the aggregate, holds less than $9,000 in principal amount of Unexchanged Notes (each such holder, a “Class 5(b) Holder”) shall receive a Cash-Out payment. |
Each Class 5(a) Holder and Class 5(b) Holder must surrender their Unexchanged Notes by the Surrender Expiration Date in order to receive distribution.
In addition, each Class 5(a) Holder must submit a completed registration form of New Stock and deliver such form to the following by the Surrender Expiration Date:
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By electronic mail at (preferred method): By regular mail at: By hand delivery or overnight mail at: |
IMPORTANT NOTE
YOU SHOULD IMMEDIATELY BEGIN THE PROCESS OF SURRENDERING YOUR UNEXCHANGED NOTES. AS PROVIDED IN ARTICLE VII.J. OF THE PLAN, IF YOU FAIL TO SURRENDER YOUR UNEXCHANGED NOTES IN ACCORDANCE WITH THE TERMS OF THE LETTER OF TRANSMITTAL, INCLUDING RETURNING THE FORMS INCLUDED WITH THE LETTER OF TRANSMITTAL IF YOU ARE A CLASS 5(A) HOLDER, OR FAIL TO OTHERWISE FOLLOW THE INSTRUCTIONS BY MARCH 23, 2017 AT 5:00 P.M. (PREVAILING EASTERN TIME) (THE “SURRENDER EXPIRATION DATE”), YOU WILL NOT RECEIVE ANY DISTRIBUTION UNDER THE PLAN. ALL UNEXCHANGED NOTES WILL BE CANCELLED AND REMOVED FROM DTC PROMPTLY FOLLOWING THE SURRENDER EXPIRATION DATE.