Sale Procedures Motion and Related Documents

On February 23, 2010, the Court entered an Order approving (i) Debtors' entry into the Commitment Letter with the Backstop Parties; (ii) payment of the Equity Put Fee and the Expense Reimbursement to the Backstop Parties and incurrence of the Indemnification Obligations; (iii) the procedures set forth for the sale and investor process (“SISP Procedures”) and (iv) the form and manner of notice thereof.

While the Backstop Parties have made a conditional commitment to purchase certain shares of common stock, pursuant to the Commitment Letter, the Debtors are soliciting alternative sale and investment opportunities from interested parties.

To learn more about the bidding and solicitation process regarding these sale and investment opportunities, please review the SISP Procedures and related documents below.

The auction that was scheduled to begin on June 7, 2010 at 9:30 a.m. Eastern Time has been cancelled.


Order Authorizing and Approving (I) the Debtors' Entry Into the Commitment Letter, (II) the Equity Put Fee, Expense Reimbursement, and Indemnification Obligations, (III) the Procedures for the Sale and Investor Solicitation Process, and (IV) the Form and Manner of Notice Thereof (Docket No. 252) Order
Debtors' Motion Pursuant to Sections 105(a) and 363 of the Bankruptcy Code and Rules 2002 and 6004 of the Federal Rules of Bankruptcy Procedure for Order Authorizing and Approving (I) the Debtors' Entry into the Commitment Letter, (II) the Equity Put Fee, Expense Reimbursement, and Indemnification Obligations, (III) the Sale and Investor Solicitation Procedures, and (IV) the Form and Manner of Notice Thereof (Docket No. 192) Motion
Affidavit of Neil A. Augustine in Support of Debtors' Motion Pursuant to Sections 105(a) and 363 of the Bankruptcy Code and Rules 2002 and 6004 of the Federal Rules of Bankruptcy Procedure for Order Authorizing and Approving (I) the Debtors' Entry into the Commitment Letter, (II) the Equity Put Fee, Expense Reimbursement, and Indemnification Obligations, (III) the Sale and Investor Solicitation Procedures, and (IV) the Form and Manner of Notice Thereof (Docket No. 230) Affidavit
Affidavit of Todd A. Dillabough in Support of Debtors' Motion Pursuant to Sections 105(a) and 363 of the Bankruptcy Code and Rules 2002 and 6004 of the Federal Rules of Bankruptcy Procedure for Order Authorizing and Approving (I) the Debtors' Entry into the Commitment Letter, (II) the Equity Put Fee, Expense Reimbursement, and Indemnification Obligations, (III) the Sale and Investor Solicitation Procedures, and (IV) the Form and Manner of Notice Thereof (Docket No. 226) Affidavit
Notice of Amended Exhibits to Proposed Form of Order Regarding Debtors' Motion Pursuant to Sections 105(a) and 363 of the Bankruptcy Code and Rules 2002 and 6004 of the Federal Rules of Bankruptcy Procedure for Order Authorizing and Approving (I) the Debtors' Entry into the Commitment Letter, (II) the Equity Put Fee, Expense Reimbursement, and Indemnification Obligations, (III) the Sale and Investor Solicitation Procedures, and (IV) the Form and Manner of Notice Thereof (Docket No. 240) Notice
Published Notice of Auction Notice
Sale and Investor Solicitation Process (SISP) Procedures Procedures

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