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<br /> 1105 <br /> OFFICE OF THE UNITED STATES TRUSTEE: <br /> P.O. Box 1539 <br /> San Antonio, Texas 78295-1539 <br /> Attention: Henry Hobbs <br /> <br /> UNLESS AN OBJECTION TO CONFIRMATION IS TIMELY SERVED NID FILED IT WILL <br /> NOT BE CONSIDERED BY THE BANKRUPTCY COURT. <br />B. Requirements for Confi~tion of the Plan <br /> At the Confi~tion Hearing, the Bankruptcy Court shall determine whether <br />the Conf i rma tion requirements of Bankruptcy Code § 1129{a) have been <br />satisfied, in which event the Bankruptcy Court shall enter an order confirming <br />the Plan. These applicable requirements are as follows: <br /> 1. The Plan complies with the applicable provisions of the Bankruptcy <br /> Code. <br /> 2. The proponents of the Plan have complied with the applicable <br /> provisions of the Bankruptcy Code. - <br /> 3. The Plan has been proposed in goad faith and not by any means <br /> forbidden by law. <br /> 4. Any payment made or promised by the Debtor oriby a person issuing <br /> securities or acquiring property under the Plan, for services or for <br /> costs and expenses in, or in connection with, the case, or in <br /> connection with the Plan and incident to the case, has been <br /> disclosed to the Bankruptcy Court, and any such payment made before <br /> the Confirmation of the Plan is reasonable, or if such payment is to <br /> be fixed after Confirmation of the Plan, such payment is subject to <br /> the approval of the Bankruptcy Court as reasonable. <br /> S. The proponents of the Plan (HealthVest and the Debtor) have <br /> disclosed the identi ty and affiliations of any individual pr-oposed <br /> to serve, after Confirmation of the Plan, as dir-ector, officer, or <br /> voting trustee of the Debtor,' an affiliate of Debtor participating <br /> in a joint Plan with the Debtor, or a successor to the Debtor- under <br /> the Plan, and the appointment to, or continuance in, such office of <br /> such individuaL is consistent with the interests of Creditors and <br /> holders of Equity Interests and with public policy, and the <br /> proponents (HealthVest and the Debtor) have disclosed the identity <br /> of any insider that will be employed or retained by the reorganized <br /> debtor, and the nature of any compensation for such insider. <br /> 6. With respect to each Class of impaired Claims or Equity Interests, <br /> either each holder of a Claim or Equity Interest of such Class has <br /> accepted the Plan, or will receive or retain under the Plan on <br /> - 18 - <br />a-201SS <br />