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Res 1993-185
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Res 1993-185
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City Clerk
City Clerk - Document
Resolutions
Number
1993-185
Date
10/25/1993
Volume Book
113
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<br /> I~r <br />Bankruptcy Court approving such award pursuant to Bankruptcy Code §§ 330, <br />503(b) (2)-(6). <br /> The estimated amoWlt of the Administrative Expense Claims is $288,000. <br />Many of these are ongoing operational expenses which will be repaid in the <br />ordinary course of Debtor's business. <br /> 3. Treatment of Othe r Allowed Priority Claims: All other Allowed <br />Priori ty Claims (other than Administrative Expense Claims) shall be paid (a) <br />in full and in Cash on the Effective Date or as soon as is practicable after <br />such Claim is Allowed, 0::' (b) as the holder of the Allowed Priority Claim and <br />Reorganized The Oaks may otherwise agree. <br /> The Proponents do not believe that there are significant Other Allowed <br />Priority Claims. <br /> 4. Treatment of Allowed Priority Tax Claims <br /> a. Allowed Priority Tax Claims Other Than The Allowed Prioritv Tax <br />Claim of IRS: Allowed Priority Tax Claims shall be paid, at the option of <br />Reorganized San Marcos, (i) in full in Cash, or (ii) in equal quarterly <br />installments of principal over a period of six (6) years from the earlier of <br />the Effective Da1:e or the date of assessment of such Allowed Priority -Tax <br />Claim, plus interest at the rate of eight (8%) per annum from and after the <br />Effective Date, payable quarterly. The fi~st such installment shall be paid <br />on the first day of the calendar quarter (i) next following the Effective Date <br />or (ii) next following the Priority Tax Claim becoming an Allowed Claim, <br />whichever occurs last; and subsequent installments shall. be paid quarterly <br />thereafter (the "Tax Payment Dates"); provided, however, Reorganized San <br />Marcos from and after the Effective Date shall have an option to prepay any <br />Allowed Priority Tax Claim at any time during said six year period. <br /> b. Treatment of Allowed Priority Tax Claim of IRS: The Allowed <br />Priority Tax Claim of the IRS against HII and its Affiliates, including <br />Debtor, shall be in the Allowed AmOWlt of $5,000,000, which shall be paid as <br />follows: <br /> (i) $2,000,000 Cash from Healthcare and the Terminated <br /> Subsidiaries on the Effective Date; and <br /> , <br /> (ii) $3,000,000 jointly from Reorganized HII and the <br /> Reorganized Operating Debtors, including San Ma rcos , <br /> payable in twenty-four (24) equal quarterly payments <br /> of principal and interest calculated at the rate of <br /> eight percent (8%) per annum. The first payment will <br /> be made on April 1, 1994. <br /> Under the San Marcos Plan, the IRS agrees that the treatment provided <br />herein will constitute full and complete satisfaction of the IRS's Priori ty <br />Tax Claims against HI!, the Debtor and any of the other Affiliates. The <br /> - 21 - <br />a-ZeISS <br />
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