Res 1993-185 - Laserfiche WebLink

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I~I account of such Claim or Equity Interest property of a value, as of the Effective Date of the Plan, that is not less than the amount that such holder would so receive or retain if the Debtor were liquidated on such date under Chapter 7 of the Bankruptcy Code. 7. Each Class of Claims or Equity Interests has either accepted the Plan or is not impaired under the Plan. 8. Except to the extent that the holder of a particular Claim has agreed to a different treatment of such Claim, the Plan provides that Administrative Expense Claims and Priority Claims (other than Pr iori ty Tax Claims) will be paid in full in Cash on the Effective Date and that. Priority Tax Claims will receive on account of such Claims deferred Cash payments, over a period not exceeding six years after the date of assessment of such Claim, of a value, as of the Effective Date, equal to the Àllowed ÀmOunt of such Claim. 9. At least one Class of impaired Claims has accepted the Plan, determined without including any acceptance of the Plan by any Insider holding a Claim of such Class. 10. Confirmation of the Plan is not likely to be followed by the liquidation, the need for further financial reorganization, - of or the Debtor or any successor to the Debtor under the Plan, unless such liquidation or reorganization is proposed in the Plan. 11. The Plan provides for the payment of all fees payable under 28 U.S.C. § 1930, as determined by the Bankruptcy ~urt at the hearing on Confirmation of the Plan, on the Effective Date of the Plan. 12. The Plan provides for the continuation, on the Effective Date of the Plan, of payment of all retiree benefits, as that term is defined ~n Bankruptcy Code § 1114, at the level established pursuant to Bankruptcy Code § l1l4(e)(l)(B) or (G), at any time pr~or to Confirmation of the Plan, for the duration of the period the Debtors have obligated themselves to provide such benefits. If a sufficient number of Creditors and amounts of Claims in the impaired Classes vote to accept the Plan, the Plan will satisfy all of the applicable statutory requirements of Bankruptcy Code § 1129(a). Without such acceptance, HealthVest and the Debtors will seek Confirmation of the Plan under Bankruptcy Code § 1129(b). C. Cramdown In the event that any impaired Class of Claims does not accept the Plan, the Bankruptcy Court may still Conf i rm the Plan at the request of the Plan Proponents if, as to each impaired Class which has not accepted the Plan, the Plan "does not discriminate unfairly" and is "fair and equitable." A plan of reorganization does not discriminate unfairly within the meaning of the - 19 - a-2015S