UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF KENTUCKY ASHLAND DIVISION IN RE: HORIZON NATURAL RESOURCES COMPANY, ET AL., DEBTORS. ) ) ) ) ) ) ) ) CHAPTER 11 CASE NO. 02-14261 JOINTLY ADMINISTERED HON. WILLIAM S. HOWARD
NOTICE OF ENTRY OF ORDER (A) APPROVING ADEQUACY OF DISCLOSURES MADE IN DEBTORS' DISCLOSURE STATEMENT; (B) APPROVING SOLICITATION PROCEDURES; (C) APPROVING FORMS OF BALLOTS; (D) ESTABLISHING VOTING DEADLINES AND PROCEDURES FOR TABULATION OF VOTES; (E) APPROVING FORM OF NOTICE OF HEARING ON CONFIRMATION OF THE DEBTORS' PLANS; AND (F) SCHEDULING HEARING ON CONFIRMATION OF THE DEBTORS' PLANS AND THE DEADLINE FOR FILING OBJECTIONS THERETO
TO ALL CREDITORS, INTEREST HOLDERS, AND PARTIES IN INTEREST: NOTICE IS HEREBY GIVEN that on July 13, 2004, the United States Bankruptcy Court for the Eastern District of Kentucky, Ashland Division (the "Bankruptcy Court") entered an order (the "Disclosure Statement Order") approving the Debtors’ Third Amended Disclosure Statement Pursuant to Section 1125 of the Bankruptcy Code in Support of: (A) the Third Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code; and (B) the Third Amended Joint Liquidating Plan Under Chapter 11 of the Bankruptcy Code filed by the above-captioned debtors and debtors-in-possession (the "Debtors") on July 11, 2004 (the "Disclosure Statement") with respect to the Debtors' Third Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code and the Debtors' Third Amended Joint Liquidating Plan Under Chapter 11 of the Bankruptcy Code (collectively, the "Plans"). Copies of the Disclosure Statement Order, the Plans, the Disclosure Statement, and certain related documents may be obtained from the following website: www.fbtextra.com/HORIZON NOTICE IS FURTHER GIVEN that the Bankruptcy Court has fixed June 30, 2004 as the record date for determining the holders of claims entitled to vote on the Plans. NOTICE IS FURTHER GIVEN that the Bankruptcy Court has fixed August 31, 2004 at 10:00 a.m. (prevailing Eastern Time), as the date and time for the hearing to consider entry of an order confirming the Plans (the “Confirmation Hearing”). The Confirmation Hearing will be held in the Bankruptcy Court, United States Bankruptcy Court, 100 East Vine Street, Lexington, Kentucky 40507, and may be continued from time to time without further notice other than the announcement by the Debtors of the continued date, and the Plans may be modified, if necessary, pursuant to 11 U.S.C. § 1127 prior to, during, or as a result of the Confirmation Hearing, without further notice to interested parties. NOTICE IS FURTHER GIVEN that objections or proposed modifications to the Plans, if any, must be in writing and (a) state the name and address of the objecting party and the nature of the claim or interest of such party; (b) state with particularity the basis and nature of any objection; and (c) be filed, together with proof of service, with the Court, and served on (i) counsel for the Debtors, Frost Brown Todd LLC, 2200 PNC Center, 201 East Fifth Street, Cincinnati, Ohio 45202, Attn: Ronald E. Gold/Douglas L. Lutz; (ii) counsel for the Committee, Gregory R. Schaaf, Esq., Greenebaum Doll & McDonald PLLC, 300 West Vine Street, Suite 1100, Lexington, KY 40507 and Edward J. Green, Esq.,
Foley & Lardner, 321 North Clark, Suite 2800, Chicago, IL 60610, (iii) counsel for Deutsche Bank, O’Melveny & Myers LLP Attn: Evan Jones, Esq. 400 South Hope Street Los Angeles, CA 90071-2899, (iv) counsel for Newcoal LLC, Milbank, Tweed, Hadley & McCloy LLP, Attn: Risa M. Rosenberg, Esq., One Chase Manhattan Plaza, New York, NY 10005-1413 and Sawyer & Glancy PLLC, 3120 Wall Street, Suite 310, Lexington, KY 40513, Attn: John S. Sawyer, Esq. and Jones Day, Attn: Charles Oellermann, 41 South High Street, Suite 1900, Columbus, Ohio 43215; (v) counsel for American Specialty Lines Insurance Company and the Insurance Company of the State of Pennsylvania, Fowler Measle & Bell, LLP, Attn: Taft A. McKinstry, 300 West Vine Street, Suite 600, Lexington, Kentucky 40507 and Steptoe & Johnson, LLP, Attn: Filiberto Agusti, 1330 Connecticut Avenue, NW, Washington, D.C. 20036; (vi) counsel for Wells Fargo Bank Minnesota, National Association, Walther Roark Gay & Todd, Attn: Philip L. Hanrahan, Esq. 163 East Main St., Suite 200, P.O. Box 1598, Lexington, KY 40588-1598 and Bryan Cave LLP, Attn: Walter H. Curchack, 1290 Avenue of the Americas, New York, New York 10104; and (vii) counsel for Travelers Casualty and Surety Company of America, Stites & Harbison, PLLC, Attn: William T. Gorton, III, 250 West Main Street, Suite 2300, Lexington, Kentucky 40507; and (viii) The Office of the United States Trustee, 100 East Vine Street, Suite 803, Lexington, KY 40507, Attn: John R. Stonitsch, Esq. so as to be actually received on or before August 23, 2004 at 4:00 p.m. (prevailing Eastern Time). UNLESS AN OBJECTION IS TIMELY FILED AND SERVED AS PROVIDED HEREIN, IT MAY NOT BE CONSIDERED AT THE CONFIRMATION HEARING. NOTICE IS FURTHER GIVEN that, to be counted, ballots (the "Ballots") to accept or to reject the Plans must be submitted, in accordance with the instructions set forth on the Ballots, by August 12, 2004 at 4:00 p.m. (prevailing Eastern Time). NOTICE IS FURTHER GIVEN that holders of (a) unimpaired claims and (b) impaired claims and interest that will receive no distribution under the Plans and, therefore, are not entitled to vote on the Plans, will receive a notice of non-voting status rather than a Ballot. In addition, holders of certain claims, including claims that are the subject of a pending objection, are not entitled to vote on the Plans and, therefore, will not receive a Ballot. If you are not entitled to vote on the Plans but believe that you should be entitled to vote on the Plans, you must file with the Bankruptcy Court a motion for an order pursuant to Rule 3018(a) of the Federal Rules of Bankruptcy Procedure temporarily allowing such claim for purposes of voting to accept or reject the Plans (a "Motion for Temporary Allowance"). Motions for Temporary Allowance must be filed with the Bankruptcy Court by July 30, 2004 at 4:00 p.m. (prevailing Eastern Time). As to any creditor filing a Motion for Temporary Allowance, such creditor's Ballot will not be counted unless temporarily allowed by the Bankruptcy Court for voting purposes. Motions for Temporary Allowance not timely filed as set forth herein may not be considered. Dated: July 13, 2004 Ronald E. Gold, Esq. Douglas L. Lutz, Esq. Michael J. O'Grady, Esq. FROST BROWN TODD LLC 2200 PNC Center 201 East Fifth Street Cincinnati, Ohio 45202 (513) 651-6800 (telephone) (513) 651-6981 (facsimile) Attorneys for Debtors and Debtors-in-Possession
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