newflow
4年前
Sharing...check this OT similar to where we are at,little different.
On December 31,2010, the Company's stock records were closed and each
shareholder ofthe Company automatically became the holder of one unit ofbeneficial
interest in the Liquidating Trust for each one share ofthe Company's Common Stock
then held ofrecord by such shareholder. Atsuch time, all outstanding shares ofthe
Company's Common Stock were deemed cancelled. The shareholders ofthe Company
were not required to take any action to receive beneficial interests in the Liquidating
Trust.
The Company filed a Form 15 pursuant to Rules 12g-4(a)(l) and 12h-3(b)(I)(i)
promulgated under the Exchange Act with the Commission on January 5, 2011 to
terminate the registration of its Common Stock under the Exchange Act and to cease
filing periodic reports with -respect thereto. The Company determined it was eligible to
rely on these rules because (i) the Company no longer had any record holders ofits
Common Stock; (ii) the. Com.pany had timely filed all reports required by Section 13(a) ofthe Exchange Act during the three most recently completed fiscal years and through
the date that the Form 15 was filed; and (iii) no registratIOn statement relating to the
Company's Common Stock became effective during 2010, nor was any registration
statement previously filed by the Company required to be updated dunng 2010 pursuant
to Section 1O(a)(3) ofthe Securities Act.
Page 4/12
https://www.sec.gov/divisions/corpfin/cf-noaction
newflow
4年前
Beneficial owners of the Debtors’ debt and equity securities
https://cases.primeclerk.com/GNC/Home-DownloadPDF?id1=MTUwNDg2Mg%3D%3D&id2=0
"For your convenience, except with respect to beneficial owners of the Debtors’ debt and
equity securities, "
"B. No Bar Date for Proof of Interest.Any person or entity holding an equity security
(as defined in section 101(16) of the Bankruptcy Code and including, without
limitation, common stock, preferred stock, warrants, or stock options) or other
ownership interest in the Debtors (an “Interest Holder”) is not required to file a
proof of interest on or before the applicable Bar Date; provided, however, that an
Interest Holder that wishes to assert claims against the Debtors that arise out of or
relate to the ownership or purchase of an equity security or other ownership interest,
including, but not limited to, a claim for damages or rescission based on the
purchase or sale of such equity security or other ownership interest, must file a
Proof of Claim on or before the applicable Bar Date. The Debtors have reserved
the right to establish at a later time a bar date requiring Interest Holders to file
proofs of interest. If such a bar date is established, Interest Holders will be notified
in writing of the bar date for filing of proofs of interest at the appropriate time. "
newflow
4年前
CREDITORS AND EQUITY HOLDERS - 1129(A)(5) -PLAN IS EFFECTIVE SINCE 10/30
The Debtors Have Disclosed the Identity of Proposed Management,
Compensation of Insiders and Consistency of Management Proposals
with the Interests of Creditors and Public Policy in Accordance with
Section 1129(a)(5)
Section 1129(a)(5)
(i)The proponent of the plan has disclosed the identity and affiliations of any individual proposed to serve, after confirmation of the plan, as a director, officer, or voting trustee of the debtor, an affiliate of the debtor participating in a joint plan with the debtor, or a successor to the debtor under the plan; and
(ii)the appointment to, or continuance in, such office of such individual, is consistent with the interests of creditors and equity security holders and with public policy; and
(B)the proponent of the plan has disclosed the identity of any insider that will be employed or retained by the reorganized debtor, and the nature of any compensation for such insider.
https://www.law.cornell.edu
newflow
4年前
DISTRIBUTIONS TO CLAIMS & INTEREST HOLDERS
i (ROBERT A. DEL) believe that the significance attached to the Third-Party Releases by the Released Parties, whose support is indispensable to the Debtors’ restructuring, the substantial consideration provided by the Released Parties,and the distributions available to creditors and interest holders as a result of the support of the Released Parties all demonstrate that the Third-Party Releases are fair and necessary to the Debtors’ reorganization. It is my belief that if the non-Debtors sought to be released failed to support the Plan, it would not have been confirmed. Thus, there would be little likelihood of success of the Plan without the inclusion of the non-Debtor releases.
medical veteran
4年前
GNC making strides by closing down heavy burden rental space in malls/strip plaza's. They are shifting from low foot traffic in malls and renting space in heavy foot traffic stores. There is talk about an agreement between GNC and Dicks Sporting Goods, 2 Pitt based companies. They are also looking at space in CVS, Walgreens, Sam's, Costco and other companies where there is good synergy and high foot traffic. This is a very smart strategy and a major savings. It also appears they are getting online sales moving in a very positive direction. The sales are there $1 Billion plus and with reducing heavy laden rent expenses and renting space in heavy foot traffic with synergistic companies, it's a winning RX over time.
newflow
4年前
Plan Admin. - the sole equity holder of GNC Holdings Inc.
holder of GNC Holdings, Inc.
Section 1.2 Fiduciary. On and after the Effective Date, the Plan Administrator shall be
the sole officer, director, and manager, as applicable, of the Liquidating Debtors and the sole equity
holder of GNC Holdings, Inc. The Plan Administrator shall perform its obligations consistent with
the Plan, this Agreement and applicable orders of the Bankruptcy Court.
Docket # Doc 1400
newflow
4年前
F. Surrender of Canceled Instruments or Securities
On the Effective Date or as soon as reasonably practicable thereafter, other than with respect to
Allowed Claims in Class 1, each Holder of a certificate or instrument evidencing a Claim or an Equity
Interest shall be deemed to have surrendered such certificate or instrument to the Distribution Agent. Such
surrendered certificate or instrument shall be cancelled solely with respect to the Debtors, and except as
provided otherwise under the Plan, including the Debtor Release and the Third-Party Release, such
cancellation shall not alter the obligations or rights of any non-Debtor third parties vis-à-vis one another
with respect to such certificate or instrument, including with respect to any indenture or agreement that
governs the rights of the Holder of a Claim or Equity Interest, which shall continue in effect for purposes
of allowing Holders to receive distributions under the Plan and allowing the Convertible Notes Indenture
Trustee to exercise charging liens, priorities of payment, and indemnification rights. Notwithstanding
anything to the contrary herein, this paragraph shall not apply to certificates or instruments evidencing
Claims that are Unimpaired under the Plan.
jem1
4年前
8-K out on Oct. 07,2020
"On October 7, 2020, the Company and Harbin Listco terminated the Stockholders Agreement in its entirety, without any continuing rights or obligations of the parties thereunder." Harbin has NO shares in GNCIQ.
"At the Closing, Harbin, indirectly through ZT Biopharmaceutical LLC, a Delaware limited liability company and wholly owned subsidiary of Harbin, purchased 100% of the issued and outstanding equity interests in New GNC." Harbin has 100% of the New GNC shares.
"The Plan also contemplates that all outstanding shares of its common stock and preferred stock will be cancelled under the Plan, with shareholders receiving no distributions thereunder."
control it
4年前
con·tem·plate
/'kän(t)?m?plat/
verb
1. look thoughtfully for a long time at: "he sat on the carpet contemplating his image in the mirrors" synonyms look at, view, regard, examine, inspect, ... more
? think about: "the results of a trade war are too horrifying to contemplate" synonyms think about, meditate on/over, consider, ponder, reflect on/about, ... more
? think profoundly and at length; meditate: "he sat morosely contemplating"
? have in mind as a probable though not certain intention: "she was contemplating a gold mining venture"
The Plan also contemplates that all outstanding shares of its common stock and preferred stock will be cancelled under the Plan