Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page of 64 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF RHODE ISLAND ) In re: ) Chapter ) UTGR, INC. d/b/a TWIN RIVER, et al., ) Case No. 09-248 (ANV) ) Debtors. ) Jointly Administered ) CORRECTED AFFIDAVIT OF DONLIN, RECANO AND COMPANY, INC. REGARDING SERVICE OF DEBTORS SECOND AMENDED DISCLOSURE STATEMENT PURSUANT TO CHAPTER OF THE BANKRUPTCY CODE STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) I, Muhammed Habib, being duly sworn, depose and say:. I am the Mailing Coordinator of Donlin, Recano and Company, Inc. ( DRC ) with offices located at 49 Park Avenue South, New York, New York. 2. I am over the age of 8 years and not a party to the within action. 3. Apple Direct Mail Services, Ltd., ( Apple ) having offices located at 225 Varick Street, New York, New York, performs services as a distribution agent for DRC. 4. On the 26 th day of January 200, the Debtors filed the Debtors Second Amended Disclosure Statement Pursuant to Chapter of the Bankruptcy Code dated January 26, 200 (together with all related exhibits, the ( Disclosure Statement ). 5. On the 28 th day of January 200, the United States Bankruptcy Court for the District of Rhode Island entered the ORDER (I) APPROVING DISCLOSURE STATEMENT, (II) ESTABLISHING RECORD DATE FOR VOTING ON PLAN OF REORGANIZATION, (III) APPROVING SOLICITATION PACKAGES AND PROCEDURES FOR DISTRIBUTION THEREOF, (IV) APPROVING FORMS OF BALLOTS AND MANNER OF NOTICE, (V) ESTABLISHING PROCEDURES FOR VOTING ON PLAN, AND (VI) ESTABLISHING NOTICE The Debtors in these chapter cases are BLB Management Services, Inc., BLB Worldwide Holdings, Inc., and UTGR, Inc.
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 2 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 3 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 4 of 64 EXHIBIT A
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 5 of 64 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF RHODE ISLAND ) In re: ) Chapter ) UTGR, INC. d/b/a TWIN RIVER, et al., ) Case No. 09-248 (ANV) ) Debtors. ) Jointly Administered ) ORDER (I) APPROVING DISCLOSURE STATEMENT, (II) ESTABLISHING RECORD DATE FOR VOTING ON PLAN OF REORGANIZATION, (III) APPROVING SOLICITATION PACKAGES AND PROCEDURES FOR DISTRIBUTION THEREOF, (IV) APPROVING FORMS OF BALLOTS AND MANNER OF NOTICE, (V) ESTABLISHING PROCEDURES FOR VOTING ON PLAN, AND (VI) ESTABLISHING NOTICE AND OBJECTION PROCEDURES FOR CONFIRMATION OF PLAN Upon the motion of the above-captioned debtors, as debtors and debtors in possession (collectively, the Debtors ) for the entry of an order (the Disclosure Statement Order ) (I) approving the Disclosure Statement, 2 (II) establishing a record date for the Holders of Claims to vote on the Plan, (III) approving the Solicitation Packages and procedures for the distribution thereof, (IV) approving the forms of Ballots and manner of notice, (V) establishing procedures for voting on the Plan, and (VI) scheduling a hearing and establishing notice and objection procedures for the confirmation of the Plan (the Motion ), all as more fully set forth in the Motion; and the Bankruptcy Court having jurisdiction to consider the Motion; and the relief requested therein being a core proceeding pursuant to 28 U.S.C. 57 and 334; and venue being proper before this Bankruptcy Court pursuant to 28 U.S.C. 408 and 409; and the Debtors having filed with this Bankruptcy Court the Debtors Disclosure Statement Pursuant to Chapter of the Bankruptcy Code (the Disclosure Statement ), and the Debtors Joint Plan of The Debtors in these chapter cases are BLB Management Services, Inc., BLB Worldwide Holdings, Inc., and UTGR, Inc.
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 6 of 64 Reorganization Pursuant to Chapter of the Bankruptcy Code (the Plan ); and the Bankruptcy Court having reviewed the Disclosure Statement, the Motion, the papers in support thereof, and the responses thereto, if any; and the Bankruptcy Court having found and determined that the legal and factual bases set forth in the Motion establish just cause for the relief granted herein; and that the relief requested in the Motion is in the best interests of the Debtors, their estates, and creditors; and upon all of the proceedings had before the Bankruptcy Court; and after due deliberation and sufficient cause appearing therefor; it is hereby ORDERED. The Motion is granted in its entirety. 2. The Disclosure Statement is hereby approved pursuant to section 25 of the Bankruptcy Code, as providing Holders of Claims entitled to vote on the Plan with adequate information to make an informed decision as to whether to vote to accept or reject the Plan in accordance with section 25(a)() of the Bankruptcy Code. 3. The deadline for each Ballot to be properly executed, completed, and delivered to the Notice, Claims and Solicitation Agent by (a) first-class mail, (b) overnight courier, or (c) personal delivery (the Voting Deadline ) is hereby fixed as 5:00 p.m. (prevailing Eastern Time) on March 3, 200. 4. The Confirmation Hearing will be held on March 6, 200 at :00 p.m. (prevailing Eastern Time); provided, however, that the Confirmation Hearing may be adjourned from time to time by the Court or the Debtors without further notice to parties other than an announcement in Court at the Confirmation Hearing or any adjourned Confirmation Hearing; provided, further, however, that notice of any such adjournments will be set forth on (a) the Court s website at www.rib.uscourts.gov for registered users of the Public Access to Court 2 Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Motion. 2
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 7 of 64 Electronic Records (PACER) System, and (b) the Notice, Claims, and Solicitation Agent s website at www.donlinrecano.com/twinriver. 5. Objections, if any, to confirmation of the Plan or proposed modifications to the Plan, if any, must (a) be in writing, (b) state the name and address of the objecting party and the amount and nature of the claim or interest of such party, (c) state with particularity the basis and nature of any objection to the confirmation of the Plan, and (d) be filed, together with proof of service, with the Court and served so that they are received no later than March 9, 200 at 5:00 p.m. (prevailing Eastern Time) (the Confirmation Objection Deadline ) by (i) the Clerk of the Court, (ii) counsel for the Debtors, (iii) the U.S. Trustee, (iv) counsel to the Creditors Committee, (v) counsel to the Administrative Agents for the First and Second Lien Lenders; (vi) counsel to the equity sponsors; (vii) counsel to those certain contractors who have asserted mechanic s liens against the Debtors; and (viii) those parties who have formally appeared and requested service in these cases pursuant to Bankruptcy Rule 2002 (collectively, the Notice Parties ). Any objections to confirmation will be considered at the Confirmation Hearing. Creditor attendance is not required, however, your presence would assist the Court if you wish to speak either in support of, or in opposition to, any of the matters before the Court. 6. In the event that multiple objections to confirmation of the Plan are filed by the Confirmation Objection Deadline, the Debtors and any other party in interest are authorized to file a single, omnibus reply to such objections. 7. In accordance with Local Bankruptcy Rule 308-, a written summary of ballots, either in the form provided as R.I. Bankr. Form I or in a similar form containing all of the information required in R.I. Bankr. Form I, shall be filed with the Court and sent to the U.S. Trustee no later than seven (7) calendar days prior to the Confirmation Hearing. 3
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 8 of 64 8. The Debtors shall be excused from the proof of deposit requirement contained in Local Bankruptcy Rule 3020-(b). 9. An affidavit of service indicating that this Order has been timely mailed to all interested parties shall be filed with the Court no later than two (2) business days following the date in which the Court enters this Order. 0. The Solicitation Procedures are incorporated herein by reference and form an integral and indivisible part of this Order, provide a fair and equitable voting process, and are consistent with section 26 of the Bankruptcy Code.. Ballots will be provided to holders of claims in Classes A-, A-2, A-5, B-, B-2, B-5, C-, C-2, C-5, and C-6 (collectively, the Voting Classes ) because these claims are classified as being impaired by, and entitled to vote under, the Plan. 2. The Ballots annexed to this Order as Exhibit A (a) are consistent with Official Form No. 4, (b) contain all of the information set forth in R.I. Bankr. Form J, (c) adequately address the particular needs of these Chapter Cases, (d) are appropriate for each Class of Claims entitled to vote to accept or reject the Plan, and (e) comply with Bankruptcy Rule 307(d). The appropriate Ballots shall be distributed to holders of Claims in the Voting Classes. 3. For any Holder of an Allowed Class C-5 Claim that elects to be treated as a Holder of a Convenience Claim in Class C-6 by electing to reduce its Class C-5 Claim to the amount of $2,500 in full and final satisfaction, release, and discharge of such Allowed Class C-5 Claim, such an election shall be treated for tabulation purposes as a Class C-6 Claim that has voted to accept the Plan. 4. Ballots need not be provided to Holders of Interests in Class A-7 (the Non- Voting Status-Impaired Class ) because this class is classified as being impaired by the Plan and 4
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 9 of 64 is conclusively presumed to reject the Plan in accordance with section 26(g) of the Bankruptcy Code. 5. Ballots need not be provided to Holders of Claims and Interests in Classes A-3, A-4, A-6, B-3, B-4, B-6, B-7, C-3, C-4, C-7, and C-8 (collectively, the Non-Voting Status- Unimpaired Classes ) because these classes are classified as unimpaired by the Plan and are deemed to have accepted the Plan in accordance with section 26(f) of the Bankruptcy Code. 6. Pursuant to Bankruptcy Rule 308(a), the record date for purposes of determining which Holders of Claims and Interests are entitled to receive Solicitation Packages and, where applicable, vote on the Plan shall be January 29, 200 (the Record Date ), three days after the scheduled commencement of the Disclosure Statement Hearing. The Debtors shall specify the Record Date in the Confirmation Hearing Notice. Only Holders of Claims as of the Record Date shall be entitled to vote to accept or reject the Plan. 7. The period during which the Debtors may solicit votes to accept or reject the Plan, as established by this Order, provides sufficient time for creditors to make informed decisions to accept or reject the Plan and submit timely Ballots to the Notice, Claims, and Solicitation Agent. 8. The contents of the Solicitation Packages comply with Bankruptcy Rules 2002 and 307, constitute sufficient notice to all interested parties in accordance with the Bankruptcy Code, the Bankruptcy Rules, and the Local Bankruptcy Rules and are thus hereby approved. 9. The Confirmation Hearing Notice, substantially in the form annexed hereto as Exhibit B and incorporated herein by reference, setting forth (a) the Voting Deadline, (b) the time fixed for filing objections to confirmation of the Plan, and the manner in which such objections shall be filed, and (c) the time, date, and place for the Confirmation Hearing, provides adequate notice of the Confirmation Hearing and, accordingly, is hereby approved. 5
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 0 of 64 20. The Disclosure Statement (including all applicable exhibits thereto) provides Holders of Claims, Holders of Interests, and other parties in interest with sufficient notice of the injunction, exculpation, and release provisions contained in Article X of the Plan (including the third-party release set forth in Article X.D of the Plan), in satisfaction of the requirements of Bankruptcy Rule 306(c). 2. The Disclosure Statement Hearing Notice, attached hereto as Exhibit C and incorporated by reference herein, filed by the Debtors and served upon parties in interest in these Chapter Cases on December 6, 2009, constitutes adequate and sufficient notice of the hearing to consider approval of the Disclosure Statement, the manner in which a copy of the Disclosure Statement (and exhibits thereto, including the Plan) can be obtained, and the time fixed for filing objections thereto, in satisfaction of the requirements of the applicable provisions of the Bankruptcy Code, the Bankruptcy Rules, and the Local Bankruptcy Rules, and is hereby approved. 22. The Solicitation Procedures, annexed hereto as Exhibit D and incorporated by reference herein, set forth procedures for the Debtors to solicit, receive, and tabulate votes to accept the Plan and are hereby approved in their entirety; provided, however, that the Debtors reserve the right to amend or supplement the Solicitation Procedures set forth in the Motion where, in the Debtors best judgment, doing so would better facilitate the solicitation process. 23. The Debtors are authorized to distribute the Solicitation Packages without the Plan Supplement and are directed to file the Plan Supplement with the Bankruptcy Court and serve the Plan Supplement on: (a) the U.S. Trustee; (b) applicable local, state, and federal regulatory entities; (c) counsel to the Administrative Agents for the First and Second Lien Lenders; (d) counsel to the equity sponsors; (e) counsel to those certain contractors who have 6
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page of 64 asserted mechanic s liens against the Debtors; (f) the Internal Revenue Service; (g) the Securities and Exchange Commission; (h) counsel to the Creditors Committee; (i) all parties who have submitted a written demand against the Debtors; and (j) all other parties in interest that have filed requests for notice pursuant to Bankruptcy Rule 2002 in the Debtors Chapter Cases. After it is filed, the Plan Supplement will be available for review at www.donlinrecano.com/twinriver. 24. With respect to Holders of Claims and Interests not entitled to vote to accept or reject the Plan pursuant to sections 26(f) or 26(g) of the Bankruptcy Code, the Debtors shall mail the appropriate Notice of Non-Voting Status, substantially in the forms of Exhibit E and Exhibit F, respectively, annexed to this Order; provided, however, that the Notices of Non- Voting Status shall provide that a copy of the Plan and Disclosure Statement may be viewed at www.donlinrecano.com/twinriver, or obtained free of charge by contacting the Notice, Claims, and Solicitation Agent at (22) 77-28. 25. With respect to Holders of Disputed Claims, the Debtors shall mail the Disputed Claim Notice substantially in the form of Exhibit G, annexed to this Order; provided, however, that the Disputed Claim Notice shall state that a copy of the Plan and Disclosure Statement may be viewed at www.donlinrecano.com/twinriver, or obtained free of charge by contacting the Notice, Claims, and Solicitation Agent at (22) 77-28. 26. With respect to counterparties to executory contracts or unexpired leases with one or more of the Debtors that have not been assumed or rejected as of the Record Date, the Debtors shall mail the Notice to Contract-Lease Parties substantially in the form of Exhibit H, annexed to this Order; provided, however, that the Notice to Contract-Lease Parties shall provide that a copy of the Plan and Disclosure Statement may be viewed at www.donlinrecano.com/twinriver, 7
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 2 of 64 or obtained free of charge by contacting the Notice, Claims, and Solicitation Agent at (22) 77-28. 27. With respect to entities at Undeliverable Addresses, the Debtors are excused from distributing Solicitation Packages to those entities unless the Debtors are able, using reasonable efforts, to obtain an accurate address for such entities before the Solicitation Date, and failure to distribute Solicitation Packages to such entities will not constitute inadequate notice of the Confirmation Hearing, the Voting Deadline, or a violation of Bankruptcy Rule 307(d). 28. The Debtors are authorized to make non-substantive changes to the Disclosure Statement, Plan, Ballots, Confirmation Hearing Notice and related documents, and, upon doing so, shall subsequently file an errata sheet with the Court. These non-substantive changes shall include changes to correct typographical and grammatical errors and to make conforming changes among the Disclosure Statement, the Plan, and any other materials in the Solicitation Package prior to their distribution. 29. The Debtors are authorized to take or refrain from taking any action necessary or appropriate to implement the terms of, and the relief granted in, this Order without seeking further order of the Court. 30. All time periods set forth herein shall be calculated in accordance with Bankruptcy Rule 9006(a). 3. The Court shall retain jurisdiction with respect to all matters arising from or related to the implementation of this Order. 8
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 3 of 64 32. Notwithstanding Bankruptcy Rule 6004(h), this Order shall be effective and enforceable upon its entry. Dated:, 200 Providence, Rhode Island Arthur N. Votolato United States Bankruptcy Judge 9
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 4 of 64 (this page has been intentionally left blank)
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 5 of 64 EXHIBIT A Ballots
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 6 of 64 (this page has been intentionally left blank)
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 7 of 64 EXHIBIT B Confirmation Hearing Notice
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 8 of 64 (this page has been intentionally left blank)
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 9 of 64 EXHIBIT C Disclosure Statement Hearing Notice
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 20 of 64 (this page has been intentionally left blank)
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 2 of 64 EXHIBIT D Solicitation Procedures
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 22 of 64 (this page has been intentionally left blank)
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 23 of 64 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF RHODE ISLAND ) In re: ) Chapter ) UTGR, INC. d/b/a TWIN RIVER, et al., ) Case No. 09-248 (ANV) ) Debtors. ) Jointly Administered ) SOLICITATION PROCEDURES The following procedures (the Solicitation Procedures ) are adopted with respect to (a) the distribution of Ballots and other solicitation materials with respect to the Plan and (b) the return and tabulation of Ballots. 2. Definitions (a) (b) (c) (d) (e) (f) Plan means the Debtors Second Amended Joint Plan of Reorganization Pursuant to Chapter of the United States Bankruptcy Code, filed January 26, 200 [Docket No. 487]. Ballot means a form of ballot approved by the Court in the Disclosure Statement Order. Confirmation Hearing means the hearing on the confirmation of the Plan, scheduled for March 6, 200 at :00 p.m. (prevailing Eastern Time), as such hearing may be adjourned from time to time. Confirmation Hearing Notice means a notice of the Confirmation Hearing, substantially in the form attached to the Disclosure Statement Order as Exhibit B. Confirmation Objection Deadline means, March 9, 200 at 5:00 p.m. (prevailing Eastern Time). Disclosure Statement means the Debtors Second Amended Disclosure Statement Pursuant to Chapter of the Bankruptcy Code, and approved by the Court in the Disclosure Statement Order, filed on January 26, 200 [Docket No. 489]. The Debtors in these chapter cases are BLB Management Services, Inc., BLB Worldwide Holdings, Inc., and UTGR, Inc. 2 All capitalized terms used but not otherwise defined herein shall have the meaning ascribed to them in the Plan.
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 24 of 64 (g) (h) (i) (j) (k) (l) (m) (n) Disclosure Statement Order means the Order (I) Approving the Disclosure Statement; (II) Establishing a Record Date for Voting on the Plan of Reorganization; (III) Approving Solicitation Packages and Procedures for the Distribution Thereof; (IV) Approving the Forms of Ballots and Manners of Notice; (V) Establishing Procedures for Voting on the Plan; and (VI) Establishing Notice and Objection Procedures for Confirmation of the Plan, entered on January 28, 200 [Docket No. 493]. Duplicative Claims means such Claims that are in the same amount, with the same classification and asserting the same basis of claim, whether against the same or multiple Debtors. Notice, Claims and Solicitation Agent means the Debtors notice, claims and solicitation agent, Donlin, Recano & Company, Inc. Notice of Non-Voting Status (Unimpaired Classes) means the notice of nonvoting status that the Holders of Claims and Interests in Classes A-3, A-4, A-6, B- 3, B-4, B-6, B-7, C-3, C-4, C-7, and C-8 (collectively, the Non-Voting Status-Unimpaired Classes ) who are deemed to accept the Plan will receive in lieu of the Solicitation Materials. A copy of the Notice of Non- Voting Status-Unimpaired Classes is attached to the Disclosure Statement Order substantially in the form of Exhibit E. Notice of Non-Voting Status (Impaired Class) means the notice the Holders of Interests in Class A-7 (the Non-Voting Status-Impaired Class ) who are deemed to reject the Plan will receive in lieu of the Solicitation Materials. A copy of the Notice of Non-Voting Status-Impaired Class is attached to the Disclosure Statement Order substantially in the form of Exhibit F. Record Date means January 29, 200, the date set for the purpose of determining which Holders of Claims and Interests are entitled to receive Solicitation Materials and, where applicable, vote on the Plan. Solicitation Materials means, and will consist of: (i) the Disclosure Statement Order; (ii) the Disclosure Statement (together with the Plan); and (iii) a form of Ballot, together with a return envelope. Solicitation Packages means, and will consist of, all of the following: (i) (ii) the Confirmation Hearing Notice; and either the Solicitation Materials; or a Notice of Non-Voting Status and the Disclosure Statement Order; 2
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 25 of 64 (o) (p) (q) Solicitation Date means the date by which the Debtors will complete distribution of the Solicitation Packages, which shall be no later than seven days after the Disclosure Statement Order is entered by the Bankruptcy Court. Tabulation Rules means the rules set forth herein for the temporary allowance of Claims solely for the purposes of voting to accept or reject the Plan. Voting Deadline means March 3, 200 at 5:00 p.m. (prevailing Eastern Time), the date set by the Court as the deadline for receipt of Ballots by the Notice, Claims and Solicitation Agent. 2. Publication of Confirmation Hearing Notice: (a) (b) The Debtors shall use their reasonable best efforts to publish a notice substantially in the form of the Confirmation Hearing Notice not less than 28 calendar days before the Confirmation Objection Deadline once in The Providence Journal. Additionally, the Confirmation Hearing Notice will be posted electronically at www.donlinrecano.com/twinriver. 3. Distribution of Solicitation Packages and Solicitation Materials: (a) (b) (c) (d) Timing of Distribution. The Debtors will distribute the Solicitation Materials and Solicitation Packages to all applicable parties by the Solicitation Date. Solicitation Packages. The Debtors shall distribute Solicitation Packages to (i) all persons or entities that filed (or were deemed to have filed, by order of the Bankruptcy Court) proofs of Claim on or before the Record Date, except to the extent a Claim was paid pursuant to, or expunged by, a prior order of the Bankruptcy Court, (ii) all persons or entities listed in the Debtors Schedules as holding liquidated, noncontingent, and undisputed Claims in an amount greater than zero, (iii) the registered holders of the Debtors debt and equity securities, as of the Record Date, and (iv) all other known creditors of the Debtors as of the Record Date. Duplicative Claims. Creditors who have filed Duplicative Claims against the Debtors will receive only one Solicitation Package and one Ballot for voting their Claims with respect to that class. Other Solicitation Materials. The Debtors will distribute the Disclosure Statement Order, the Confirmation Hearing Notice, and the Disclosure Statement, together with the Plan, to the following parties by the Solicitation Date: (i) the Office of the United States Trustee for the District of Rhode Island; (ii) counsel to the Creditors Committee; (iii) counsel to the Administrative Agents for the First and Second Lien Lenders; (iv) counsel to the equity sponsors; (v) counsel to those certain contractors who have asserted mechanic s liens against the Debtors; (vi) the Internal Revenue Service; (vii) the Securities and Exchange Commission; (viii) all parties who have submitted a written demand against the Debtors; and 3
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 26 of 64 (ix) all other parties in interest that have filed requests for notice pursuant to Bankruptcy Rule 2002 in the Debtors chapter cases. (e) Notices of Non-Voting Status. The Debtors shall mail the appropriate Notice of Non-Voting Status to the Holders of Claims or Interests not entitled to accept or reject the Plan pursuant to sections 26(f) or 26(g) of the Bankruptcy Code and the Notices of Non-Voting Status shall provide that a copy of the Plan and Disclosure Statement may be viewed at www.donlinrecano.com/twinriver or obtained free of charge by contacting the Notice, Claims and Solicitation Agent at (22) 77-28. 4. Determination of Amount of Claims for Voting Purposes. Solely for purposes of voting to accept or reject the Plan, and not for the purpose of making distributions on account of a Claim, and without prejudice to the rights of the Debtors or any other party in interest in any other context, each Claim within a Class of Claims entitled to vote to accept or reject the Plan shall be temporarily allowed in an amount equal to the amount of such Claim as set forth in a timely filed proof of Claim, or, if no proof of Claim was filed, the amount of such Claim as set forth in the Schedules, in accordance with, and subject to, the Tabulation Rules described below: (a) General Tabulation Rules. (i) (ii) (iii) (iv) (v) a Claim (i) for which a Proof of Claim has been filed in a wholly noncontingent and liquidated amount, (ii) which is not listed on the Schedules and (iii) to which no objection has been filed on or before ten (0) days prior to the Voting Deadline, shall be temporarily allowed for voting purposes in the amount set forth in the Proof of Claim; a Claim for which a Proof of Claim has been filed and asserts both a liquidated and an unliquidated amount, shall be temporarily allowed for voting purposes, subject to the other tabulation rules set forth herein, only in the liquidated amount of such Claim; a Claim for which a Proof of Claim has been filed in a wholly contingent and/or unliquidated amount shall be temporarily allowed for voting purposes only in an amount equal to one dollar ($.00); notwithstanding any other Tabulation Rule (as defined herein), if a Claim is deemed allowed in accordance with the Plan, such Claim will be allowed for voting purposes in the deemed allowed amount set forth in the Plan; if the Debtors have served and filed an objection to a Claim at least ten (0) days prior to the Voting Deadline, such Claim shall be temporarily allowed for voting purposes in an amount and manner consistent with that of the applicable relief sought in such objection; 4
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 27 of 64 (vi) (vii) notwithstanding any other Tabulation Rule, if a Claim has been estimated or otherwise allowed for voting purposes by order of the Court, such Claim will be allowed temporarily for voting purposes in the amount so estimated or allowed by the Court; a Claim that relates to rejection damages under an executory contract or an unexpired lease that has not been rejected as of the Voting Deadline, shall be disallowed temporarily for voting purposes and, to the extent such Claim is solely for rejection damages, any related Ballot shall not be counted as having voted for or against the Plan; and (viii) a Claim for which the Claim Holder identifies a Claim amount on its Ballot that is different than the amount otherwise calculated in accordance with the Tabulation Rules, shall be allowed temporarily for voting purposes in the amount calculated in accordance with the General Tabulation Rules. (b) (c) Allowed Claims. Notwithstanding any other Tabulation Rule, a Claim that is deemed allowed in accordance with the Plan shall be allowed for voting purposes in the deemed allowed amount set forth in the Plan. Rejection Damages Claims. Any Claim filed as a protective Claim for rejection damages related to an executory contract or an unexpired lease that the Debtors have not rejected as of the Voting Deadline shall be temporarily disallowed for voting purposes, and to the extent that such Claim is solely for rejection damages, any related Ballot shall not be counted as having voted for or against the Plan. 5. Return of Ballots By Voting Deadline: For a vote to accept or reject the Plan to be counted, and for purposes (where applicable) of electing to receive treatment under the Plan as a Convenience Claim against UTGR, all required information on the Ballot must be completed, the Ballot must be executed, and the completed Ballot must be returned as directed on the Ballot so that it is actually received by the Notice, Claims and Solicitation Agent, no later than 5:00 p.m. (prevailing Eastern Time) on March 3, 200 either (a) by mail at Donlin, Recano & Company, Inc., re: UTGR, Inc. d/b/a Twin River, et al., Attn: Voting Department, P.O. Box 2034, Murray Hill Station, New York, New York 056 or (b) by hand delivery or overnight courier at Donlin, Recano & Company, Inc., re: UTGR, Inc. d/b/a Twin River, et al., Attn: Voting Department, 49 Park Avenue South, Suite, 206, New York, New York 006. 6. Ballots Excluded: A Ballot will not be counted if any of the following applies to the Ballot, subject to the Debtors right to waive such defects in accordance with these Solicitation Procedures: (a) The Ballot is received by the Notice, Claims and Solicitation Agent after the Voting Deadline, unless the Debtors shall have granted in writing an extension of the Voting Deadline with respect to such Ballot. 5
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 28 of 64 (b) (c) (d) (e) (f) The Ballot is illegible or contains insufficient information to permit the identification of the claimant. The Ballot is cast by a person or entity that does not hold a Claim in a class that is entitled to vote to accept or reject the Plan. The Ballot does not bear an original signature on the line adjacent to the Signature label in the Certification and Acknowledgments section therein. The Ballot is otherwise properly completed and returned but does not indicate either an acceptance or rejection of the Plan, or which indicates both an acceptance and rejection of the Plan. The Ballot is received by facsimile, e-mail, or any other electronic means. 7. General Tabulation Procedures and Assumptions: The following tabulation procedures for Ballots shall be utilized: (a) (b) (c) (d) (e) (f) (g) Ballots received after the Voting Deadline will not be counted by the Debtors; Creditors (including Beneficial Holders) must vote all of their Claims in a class either to accept or reject the Plan and may not split their votes with respect to Claims in the same class; Any Ballot (or a group of Ballots with respect to the Claims in a class received from a single creditor) that partially rejects and partially accepts the Plan shall not be counted; The method of delivery of Ballots to be sent from each Holder to the Notice, Claims and Solicitation Agent is at the election and risk of each Holder of a Claim, and will be deemed made only when the original executed Ballot is actually received by the Notice, Claims and Solicitation Agent; A Ballot received by facsimile, e-mail, or any other electronic means will not be counted by the Notice, Claims and Solicitation Agent; No Ballot sent to the Debtors or the Debtors financial or legal advisors shall be counted, unless subsequently received by the Notice, Claims and Solicitation Agent prior to the Voting Deadline; If multiple Ballots are received from, or on behalf of, an individual Holder of a Claim with respect to the same Claim prior to the Voting Deadline, the latest properly executed Ballot timely received will be deemed to reflect the intent of such Holder and to supersede and revoke all prior Ballots submitted with respect to such Claim; 6
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 29 of 64 (h) (i) (j) (k) (l) (m) (n) (o) If a Ballot is signed by a trustee, executor, administrator, guardian, attorney-infact, or other person acting in a fiduciary or representative capacity, such person shall be required to indicate such capacity when signing. The Debtors may request proper evidence prior to accepting such Ballot; The Debtors, in their sole discretion, subject to any contrary order of the Court, may waive any defect in any Ballot at any time, whether before or after the Voting Deadline, and without notice; Any Holder of a Claim entitled to vote that has delivered a valid Ballot may withdraw such vote solely in accordance with Bankruptcy Rule 308(a); Subject to any contrary order of the Court, the Debtors reserve the absolute right to reject any and all Ballots not in proper form, the acceptance of which would, in the opinion of the Debtors or their counsel, not be in accordance with the provisions of the Disclosure Statement Order or the Bankruptcy Code; If no votes to accept or reject the Plan are received with respect to a particular class, such class shall be deemed to have voted to accept the Plan; Unless waived by the Debtors, or as ordered by the Court, any defects or irregularities in connection with the deliveries of the Ballots must be cured by the Voting Deadline, and unless otherwise ordered by the Court, delivery of such Ballots will not be deemed to have been made until such irregularities have been cured or waived; Neither the Debtors, nor any other person or entity, will be under any duty to provide notification of defects or irregularities with respect to deliveries of Ballots nor will any of them incur liabilities for failure to provide such notification; and For any Holder of an Allowed Class C-5 Claim that elects to be treated as a Holder of a Convenience Claim in Class C-6 by electing to reduce its Class C-5 Claim to the amount of $2,500 in full and final satisfaction, release, and discharge of such Allowed Class C-5 Claim, such an election shall be treated for tabulation purposes as a vote to accept the Plan. 8. Transferred Claim Procedures: (a) Pre-Record Date Transfers. With respect to a transferred Claim, the transferee shall be entitled to receive the applicable notice or Solicitation Package and, if the Holder of such Claim is entitled to vote with respect to the Plan, cast a Ballot on account of such Claim only if (a)(i) the documentation evidencing such transfer was docketed by the Bankruptcy Court on or before twenty (20) days prior to the Record Date, (ii) no timely objection with respect to such transfer was filed by the transferor thereof, and (iii) all actions otherwise necessary to effectuate the transfer of the Claim, pursuant to Bankruptcy Rule 300(e), have been completed by the Record Date; or (b) the transferee files by the Record Date (i) the 7
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 30 of 64 documentation required by Bankruptcy Rule 300(e) to evidence the transfer and (ii) a sworn statement of the transferor supporting the validity of the transfer. (b) Post-Record Date Transfers. In the event a Claim is transferred after the Record Date, or in a manner other than as described in the immediately foregoing paragraph, the transferee of such Claim shall be bound by any vote made by the Holder of such Claim as of the Record Date. 9. 308(a) Motions: If any claimant or interest holder seeks to challenge the allowance of its Claim or Interest for voting purposes in accordance with the Tabulation Rules, such claimant or interest holder must file with the Court (with a copy to chambers) a motion for an order pursuant to Bankruptcy Rule 308(a) and Local Bankruptcy Rule 308-2 (a 308 Motion ) temporarily allowing such Claim or Interest in a different amount for purposes of voting to accept or reject the Plan at least 0 days before the Confirmation Hearing or, if the Debtors file an objection to a Claim or Interest after service of the Confirmation Hearing Notice, on or before ten (0) calendar days after service of notice of that objection. A hearing on any 308 Motions filed will be held before the Court at the Confirmation Hearing. In accordance with Bankruptcy Rule 308 as to any creditor filing such a motion, such creditor s Ballot should not be counted in an amount other than that provided by the Tabulation Procedures unless temporarily allowed by the Court in another amount for voting purposes. 8
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 3 of 64 EXHIBIT E Notice of Non-Voting Status-Unimpaired Classes
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 32 of 64 (this page has been intentionally left blank)
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 33 of 64 EXHIBIT F Notice of Non-Voting Status-Impaired Class
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 34 of 64 (this page has been intentionally left blank)
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 35 of 64 EXHIBIT G Disputed Claims Notice
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 36 of 64 (this page has been intentionally left blank)
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 37 of 64 EXHIBIT H Notice to Contract-Lease Parties
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 38 of 64 (this page has been intentionally left blank)
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 39 of 64 EXHIBIT B
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 40 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 4 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 42 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 43 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 44 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 45 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 46 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 47 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 48 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 49 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 50 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 5 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 52 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 53 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 54 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 55 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 56 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 57 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 58 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 59 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 60 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 6 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 62 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 63 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 64 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 65 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 66 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 67 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 68 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 69 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 70 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 7 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 72 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 73 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 74 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 75 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 76 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 77 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 78 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 79 of 64
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 80 of 64 EXHIBIT C
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 8 of 64 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF RHODE ISLAND ) In re: ) Chapter ) UTGR, INC. d/b/a TWIN RIVER, et al., ) Case No. 09-248 (ANV) ) Debtors. ) Jointly Administered ) CONFIRMATION HEARING NOTICE ALL CREDITORS, INTEREST HOLDERS, AND PARTIES IN INTEREST, PLEASE TAKE NOTICE THAT:. Disclosure Statement and Solicitation Procedures. On January 28, 200, the United States Bankruptcy Court for the District of Rhode Island (the Bankruptcy Court ) entered an order (the Disclosure Statement Order ) approving, among other things, (a) the Debtors Second Amended Disclosure Statement Pursuant to Chapter of the Bankruptcy Code, dated January 26, 200 [Docket No. 489] (the Disclosure Statement ), as providing adequate information for holders of claims against, or interests in, the Debtors to make a decision as to whether to accept or reject the Debtors Second Amended Joint Plan of Reorganization Pursuant to Chapter of the Bankruptcy Code (the Plan ) and (b) the procedures for solicitation of votes to accept or reject the Plan and the tabulation of such votes on the Plan (the Solicitation Procedures ). 2 2. Solicitation Procedures. Pursuant to the Disclosure Statement Order, holders of claims against and interests in the above-captioned debtors and debtors in possession (collectively, the Debtors ) will receive the appropriate solicitation materials, including a copy of this notice (collectively, the Solicitation Packages ). 3. Voting Classes. Any holder of a Claim as of January 29, 200, the voting record date established by the Disclosure Statement Order (the Record Date ) that, pursuant to the Plan, is entitled to vote to accept or reject the Plan will be mailed a ballot form (a Ballot ) as part of the Solicitation Package such holder will receive. Such Holders include Holders of Claims in Classes A-, A-2, A-5, B-, B-2, B-5, C-, C-2, C-5, and C-6 (collectively, the Voting Classes ). The Debtors in these chapter cases are BLB Management Services, Inc., BLB Worldwide Holdings, Inc., and UTGR, Inc. 2 All capitalized terms used but not otherwise defined herein shall have the meaning ascribed to them in the Plan.
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 82 of 64 4. Voting Deadline. The Disclosure Statement and Disclosure Statement Order require votes to accept or reject the Plan to be actually received by Donlin, Recano & Company, Inc. ( DRC or the Notice, Claims and Solicitation Agent ) no later than 5:00 p.m. (prevailing Eastern Time), on March 3, 200 (the Voting Deadline ). 5. Confirmation Hearing. A hearing to consider confirmation of the Plan (the Confirmation Hearing ) will be held on March 6, 200 at :00 p.m. (prevailing Eastern Time), or as soon thereafter as counsel may be heard, at the United States Bankruptcy Court for the District of Rhode Island, 380 Westminster Street, Providence, Rhode Island 02903 before the Honorable Arthur N. Votolato, United States Bankruptcy Judge. The Confirmation Hearing may be continued from time to time without further notice, including by announcement of the adjournment date(s) at the Confirmation Hearing or any continued hearing. Notwithstanding the foregoing, notice of any such adjournments will be set forth on (a) the Court s website at www.rib.uscourts.gov for registered users of the Public Access to Court Electronic Records (PACER) system and (b) the website of DRC, the Notice, Claims and Solicitation Agent, at www.donlinrecano.com/twinriver. 6. Solicitation Materials. In accordance with the Solicitation Procedures, Solicitation Packages will be mailed to: (a) all persons or entities that filed proofs of Claim on or before the Record Date, except to the extent a Claim was paid pursuant to, or expunged by, a prior order of the Bankruptcy Court, (b) all persons or entities listed in the Debtors Schedules as holding liquidated, noncontingent, and undisputed Claims in an amount greater than zero, (c) the registered holders of the Debtors debt and equity securities, as of the Record Date, and (d) all other known creditors of the Debtors as of the Record Date. 7. Voting Procedures. Any holder of a Claim that the Debtors believe is entitled to vote on the Plan has been mailed a Ballot and appropriate instructions for voting on the Plan. For any vote to accept or reject the Plan to be counted, a Ballot must be completely filled out, executed, and returned so that it is actually received by the Notice, Claims and Solicitation Agent, no later than 5:00 p.m. (prevailing Eastern Time), on March 3, 200 either (a) by mail at Donlin, Recano & Company, Inc., re: UTGR, Inc. d/b/a Twin River, et al., Attn: Voting Department, P.O. Box 2034, Murray Hill Station, New York, New York 056 or (b) by hand delivery or overnight courier at Donlin, Recano & Company, Inc., re: UTGR, Inc. d/b/a Twin River, et al., Attn: Voting Department, 49 Park Avenue South, Suite 206, New York, New York 006. 8. Creditors who are entitled to vote on the Plan are urged to read all instructions on their Ballots carefully to ensure that their Ballots are properly completed and timely submitted. Any failure to follow the instructions included on the Ballot may disqualify a vote. 9. Notice of Non-Voting Status. Holders of Claims and Interests in the following Classes will not receive Ballots. Such holders shall instead receive Notices of Non-Voting Status in connection with the Plan. (a) Holders of Claims and Interests in Classes A-3, A-4, A-6, B-3, B-4, B-6, B-7, C-3, C-4, C-7, and C-8 are, in the Debtors opinion, unimpaired and conclusively presumed to accept the Plan. 2
Case :09-bk-248 Doc 544 Filed 02/3/0 Entered 02/3/0 00:9:25 Desc Main Document Page 83 of 64 (b) Holders of Interests in Class A-7 will receive no distribution on account of such interests and are deemed to reject the Plan. 0. Objections. Objections, if any, to the confirmation of the Plan, shall conform to the Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules, shall set forth the name of the objectant, the nature and amount of claims or interests held or asserted by the objectant against the Debtors estates or property, the basis for the objection, and the specific grounds therefor, and shall be (a) filed with the Bankruptcy Court electronically by registered users of the Bankruptcy Court s case filing system, (b) delivered in hard copy form in an unsealed envelope to the chambers of the Honorable Judge Arthur N. Votolato, United States Bankruptcy Court, 380 Westminster Street, Providence, Rhode Island 02903 and marked Chambers Copy, not later than the next business day following the date on which such Objection is electronically filed, and (c) served by firstclass mail upon each of the following: (i) the Clerk of the Court; (ii) counsel to the Debtors; (iii) the Office of the United States Trustee for the District of Rhode Island; (iv) counsel to the Official Committee of Unsecured Creditors; (v) counsel to the Administrative Agents for the First and Second Lien Lenders; (vi) counsel to the equity sponsors; (vii) counsel to those certain contractors who have asserted mechanic s liens against the Debtors; and (viii) those parties who have formally appeared and requested service in these cases pursuant to Bankruptcy Rule 2002, so as to be actually received, no later than March 9, 200 at 5:00 p.m., (prevailing Eastern Time).. Releases, Exculpations, And Injunctions. PLEASE BE ADVISED THAT THE PLAN CONTAINS CERTAIN RELEASE, INJUNCTION, AND EXCULPATION PROVISIONS. THESE PROVISIONS ARE FOUND IN ARTICLES X.C, X.D, X.E., AND X.F, RESPECTIVELY. YOU ARE ADVISED AND ENCOURAGED TO CAREFULLY REVIEW AND CONSIDER THE PLAN, INCLUDING THE RELEASE, EXCULPATION, AND INJUNCTION PROVISIONS, AS YOUR RIGHTS MIGHT BE AFFECTED. 2. Additional Copies of Documents. Copies of the Plan and the Disclosure Statement will be available for review at (a) the Office of the Clerk, United States Bankruptcy Court for the District of Rhode Island, 380 Westminster Street, Providence, Rhode Island 02903, and (b) on the Court s website at www.rib.uscourts.gov.com. Copies of the Plan, the Plan Supplement, the Disclosure Statement, and the Solicitation Materials will also be available: (a) on the website of the Notice, Claims and Solicitation Agent, Donlin, Recano & Company, Inc., at www.donlinrecano.com/twinriver; (b) upon mailed request to Donlin, Recano & Company, Inc., re: UTGR, Inc. d/b/a Twin River, et al., Attn: Noticing Department, 49 Park Avenue South, Suite 206, New York, New York 006; or (c) by contacting Donlin, Recano & Company, Inc. at (22) 77-28. 3