Pg 1 of 6 Presentment Date June 9, 018 at 1100 a.m. (Prevailing Eastern Time) Objection Deadline June 8, 018 at 400 p.m. (Prevailing Eastern Time) TOGUT, SEGAL & SEGAL LLP One Penn Plaza Suite 3335 New York, New York 10119 (1) 594-5000 Albert Togut Frank A. Oswald Kyle J. Ortiz Brian F. Moore Counsel to the Debtors and Debtors in Possession UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x In re Chapter 11 TOISA LIMITED, et al., Case No. 17-10184 (SCC) Debtors.1 (Jointly Administered) ---------------------------------------------------------------x NOTICE OF PRESENTMENT OF AGREED ORDER EXTENDING THE EXCLUSIVE PERIOD DURING WHICH THE DEBTORS MAY SOLICIT ACCEPTANCES FOR A PLAN OF REORGANIZATION PLEASE TAKE NOTICE that, Toisa Limited and certain of its affiliates, as debtors and debtors in possession in the above-captioned cases (collectively, the Debtors ) by their attorneys, Togut, Segal & Segal LLP will present for signature to the Honorable Shelley C. Chapman, United States Bankruptcy Judge, in Room 63 of the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court ), One Bowling Green, New York, New York, 10004-1408, on June 9, 018 at 1100 a.m. (the Presentment Date ), an agreed order extending the exclusive period 1 The Debtors are as follows Trade Prosperity, Inc.; Toisa Limited; United Courage, Inc.; Trade Vision, Inc.; United Journey, Inc.; United Kalavryta, Inc.; Trade Sky, Inc.; Trade Industrial Development Corporation; United Honor, Inc.; Trade Will, Inc.; United Leadership Inc.; United Seas, Inc.; United Dynamic, Inc.; United Emblem, Inc.; United Ideal Inc.; Trade Unity, Inc.; Trade Quest, Inc.; Trade Spirit, Inc.; Trade Resource, Inc.; United Ambassador, Inc.; Edgewater Offshore Shipping, Ltd.; United Banner, Inc.; Toisa Horizon, Inc.; and Trade and Transport Inc.
Pg of 6 during which the Debtors may solicit acceptances for a plan of reorganization (the Order ) substantially in the form annexed hereto. PLEASE TAKE FURTHER NOTICE that objections, if any, to the Order must be made in writing, stating in detail the reasons therefor, and must be filed with the Clerk of the Bankruptcy Court, and so as to be actually received by (i) Togut, Segal & Segal LLP, bankruptcy counsel for the Debtors and Debtors in Possession, One Penn Plaza, Suite 3335, New York, New York 10119, Attn Frank A. Oswald, Esq. (frankoswald@teamtogut.com) and Kyle J. Ortiz, Esq. (kortiz@teamtogut.com); and (ii) the Office of the United States Trustee for Region, Attn Paul Schwartzberg, Esq. (Paul.Schwartzberg@usdoj.gov), U.S. Federal Office Building, 01 Varick Street, Suite 1006, New York, New York 10014, no later than 400 p.m. on June 8, 018 (the Objection Deadline ). PLEASE TAKE FURTHER NOTICE that pursuant to General Order M-399, any objection filed by parties with legal representation shall be filed on or before the Objection Deadline (i) through the Bankruptcy Court s Electronic Case Filing System ( ECF ) which may be accessed at the Bankruptcy Court s Internet web site at www.nysb.uscourts.gov, and (ii) in portable document format ( PDF ) using Adobe Exchange software for conversion. PLEASE TAKE FURTHER NOTICE that any party that is either without legal representation or that is unable to file documents electronically or create documents in PDF format, shall file its objection on or before the Objection Deadline in Word format on a CD in an envelope clearly marked with the case name, case number, Capitalized terms used but not defined herein shall have the meaning ascribed to such term in the Order.
Pg 3 of 6 type and title of document, document number of the document to which the objection refers and the file name of the document. PLEASE TAKE FURTHER NOTICE that a hard copy of any objection must be delivered to the Chambers of the Bankruptcy Judge Shelley C. Chapman at the Bankruptcy Court, One Bowling Green, Room 63, New York, New York 10004-1408, on or before the Objection Deadline. PLEASE TAKE FURTHER NOTICE that, if no objections are timely filed and served, the Order may be entered by the Bankruptcy Court. DATED New York, New York June, 018 TOGUT, SEGAL & SEGAL LLP, Counsel to the Debtors and Debtors in Possession TOISA LIMITED, et al., By /s/frank A. Oswald ALBERT TOGUT FRANK A. OSWALD BRIAN F. MOORE KYLE J. ORTIZ BRIAN F. MOORE One Penn Plaza, Suite 3335 New York, New York 10119 (1) 594-5000 3
Pg 4 of 6 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x In re Chapter 11 TOISA LIMITED, et al., Case No. 17-10184 (SCC) Debtors. 1 (Jointly Administered) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x AGREED ORDER EXTENDING THE EXCLUSIVE PERIOD DURING WHICH THE DEBTORS MAY SOLICIT ACCEPTANCES FOR A PLAN OF REORGANIZATION This proposed order (the Order ) is presented as of June 9, 018, by and among certain of the Debtors, its affiliates in the above-captioned chapter 11 cases, as debtors and debtors in possession (collectively, the Debtors ), the Official Committee of Unsecured Creditors (the Committee ) of Toisa Limited and the Informal Committee of Secured Lenders (the Informal Committee, and together with the Committee, the Parties ) in furtherance of the Court having entered the Order Extending The Exclusive Period During Which The Debtors May Solicit A Plan Of Reorganization through and including June 9, 018 [Dkt No. 611]; 3 and the Parties having agreed that the period under Bankruptcy Code section 111(d) to extend the 1 The Debtors in these chapter 11 cases are as follows Trade Prosperity, Inc.; Toisa Limited; United Courage, Inc.; Trade Vision, Inc.; United Journey, Inc.; United Kalavryta, Inc.; Trade Sky, Inc.; Trade Industrial Development Corporation; United Honor, Inc.; Trade Will, Inc.; United Leadership Inc.; United Seas, Inc.; United Dynamic, Inc.; United Emblem, Inc.; United Ideal Inc.; Trade Unity, Inc.; Trade Quest, Inc.; Trade Spirit, Inc.; Trade Resource, Inc.; United Ambassador, Inc.; Edgewater Offshore Shipping, Ltd.; United Banner, Inc.; Toisa Horizon, Inc.; and Trade and Transport Inc. The members of the Informal Committee are BNP Paribas S.A., Citibank Europe, plc UK Branch, Citibank International plc, Citibank N.A. London Branch. Commerzbank AG, Commonwealth Bank of Australia, Credit Agricole Corporate and Investment Bank, Danish Ship Finance A/S, DNB (UK) Limited, DVB Bank America N.V., Export-Import Bank of China, HSH Nordbank AG, ING Bank N.V., London Branch, National Bank of Greece S.A., Royal Bank of Scotland plc, and Unicredit Bank AG. 3 Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Order.
Pg 5 of 6 exclusive period to solicit acceptances of a chapter 11 plan (the Exclusive Solicitation Period ) for each of the Debtors should be further extended through and including July 11, 018; and it appearing that an extension of the Exclusive Solicitation Period from June 9, 018 through and including July 11, 018 is in the best interest of the Debtors and their creditors, and after sufficient notice, due deliberation, and cause appearing for granting such extension, it is hereby including July 11, 018; ORDERED, that the Exclusive Solicitation Period is extended through and ORDERED, that this Order is without prejudice to the rights of the Debtors to seek a further extension(s) of the Exclusive Solicitation Period; and ORDERED, any controversies or disputes arising from, relating to, or concerning this Order shall be heard by the Court. The Court shall retain jurisdiction over the Parties with respect to this Order including, but not limited to, for the purposes of interpreting, implementing and enforcing its terms. DATED New York, New York June, 018 THE INFORMAL COMMITTEE OF SECURED LENDERS By Its Counsel CADWALDER WICKERSHAM & TAFT LLP By /s/ Michele Maman GREGORY PETRICK MICHELE MAMAN 00 Liberty Street, New York, New York 1081 (1) 504-6975 TOISA LIMITED, et al., By Their Counsel TOGUT, SEGAL & SEGAL LLP By /s/ Frank A. Oswald ALBERT TOGUT FRANK A. OSWALD KYLE J. ORTIZ BRIAN F. MOORE One Penn Plaza, Suite 3335 New York, New York 10019 (1) 594-5000
Pg 6 of 6 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS By Its Counsel SHEPPARD MULLIN RICHTER & HAMPTON LLP By /s/ Craig A. Wolfe Craig A. Wolfe Jason Alderson 30 Rockefeller Plaza New York, New York 1011 (1) 653-8700 IT IS SO ORDERED DATED New York, New York June, 018 HONORABLE SHELLEY C. CHAPMAN UNITED STATES BANKRUPTCY JUDGE 3