Case 1:22-cv-10922-NRB Document 55-1 Filed 04/19/23 Page 1 of 14
`Case 1:22-cv-10922-NRB Document 55-1 Filed 04/19/23 Page 1 of 14
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`EXHIBIT 1
`EXHIBIT 1
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`

`

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`UNITED STATES BANKRUPTCY COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`
`In re:
`
`Genesis Global Holdco, LLC, et al.,1
`
`
`
`
`
`
`
`
`
`
`
`Debtors.
`
`
`
` Chapter 11
`
`
` Case No.: 23-10063 (SHL)
`
`
`
`Jointly Administered
`
`
`
`
`
`ORDER (I) ESTABLISHING BAR DATES FOR
`SUBMITTING PROOFS OF CLAIM, (II) APPROVING PROOF OF
`CLAIM FORM, BAR DATE NOTICES, AND MAILING AND PUBLICATION
`PROCEDURES, (III) IMPLEMENTING UNIFORM PROCEDURES REGARDING
`503(b)(9) CLAIMS, AND (IV) PROVIDING CERTAIN SUPPLEMENTAL RELIEF
`Upon the application (the “Application”) 2 of Genesis Global Holdco, LLC
`
`(“Holdco”) and its affiliated debtors and debtors-in-possession in the above-captioned cases
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`(collectively, the “Debtors”), for entry of an order (this “Order”) (i) establishing the general bar
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`date by which certain creditors must file Proofs of Claim in these chapter 11 cases (the “General
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`Bar Date”); (ii) establishing the bar date by which a Proof of Claim relating to the Debtors’
`
`rejection of executory contracts and unexpired leases must be filed (the “Rejection Bar Date”);
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`(iii) establishing the bar date by which a Proof of Claim arising from an amendment to the Debtors’
`
`Schedules (as defined below) must be filed (or, if previously filed, be amended) (the “Amended
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`Schedule Bar Date” and collectively, with the General Bar Date and the Rejection Bar Date, the
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`“Bar Dates”);3 (iv) approving tailored Claim Forms to be distributed to potential creditors; (v)
`
`
`The Debtors in these Chapter 11 Cases, along with the last four digits of each Debtor’s tax
`
`1
`identification number (as applicable), are: Genesis Global Holdco, LLC (8219); Genesis Global Capital, LLC (8564);
`Genesis Asia Pacific Pte. Ltd. (2164R). For the purpose of these Chapter 11 Cases, the service address for the Debtors
`is 250 Park Avenue South, 5th Floor, New York, NY 10003.
`2
`All capitalized terms used and not defined herein shall have the meanings ascribed to them in the Application.
`3
`For purposes of this Application, the Bar Dates herein shall not extend to requests for payment of postpetition
`fees and expenses of professionals retained or sought to be retained by order of the Court in these cases.
`
`
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`

`

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`approving the forms of notice to be used to inform potential creditors of the Bar Dates; (vi)
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`approving mailing and publication procedures with respect to notice of the Bar Dates; and (vii)
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`providing certain supplemental relief; and upon the Declaration of A. Derar Islim in Support of
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`First Day Motions and Applications in Compliance with Local Rule 1007-2 (the “Islim
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`Declaration”) filed January 20, 2023 (ECF No. 17), the Declaration of Paul Aronzon in Support
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`of First Day Motions and Applications in Compliance with Local Rule 1007-2 (the “Aronzon
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`Declaration”) filed January 20, 2023 (ECF No. 19), and the Declaration of Michael Leto in Support
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`of First Day Motions and Applications in Compliance with Local Rule 1007-2 (the “Leto
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`Declaration,” and along with the Islim Declaration and the Aronzon Declaration, the “First Day
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`Declarations”); and the Court having jurisdiction over this matter pursuant to 28 U.S.C. §§ 157
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`and 1334 and the Amended Standing Order of Reference from the United States District Court for
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`the Southern District of New York dated January 31, 2012 (Preska, C.J.); and the Court having
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`found that this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2), and that the Court may enter
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`a final order consistent with Article III of the United States Constitution; and the Court having
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`found that venue of this proceeding and the Application in this district is proper pursuant to 28
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`U.S.C. §§ 1408 and 1409; and the Court having found that the relief requested in the Application
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`is in the best interests of the Debtors, their estates, their creditors and other parties in interest; and
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`the Court having found that the Debtors’ notice of the Application and opportunity for a hearing
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`on the Application was appropriate and no other notice need be provided; and the Court having
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`reviewed the Application and having heard the statements in support of the relief requested therein
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`at a hearing before the Court (the “Hearing”); and the Court having determined that the legal and
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`factual bases set forth in the Application and on the record of the Hearing establish just cause for
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`the relief granted herein; and all objections to the Application (if any) having been withdrawn or
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`2
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`overruled; and upon all of the proceedings had before the Court; and after due deliberation and
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`sufficient cause appearing therefor;
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`IT IS HEREBY ORDERED THAT:
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`1.
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`2.
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`APPROVED.
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`The Application is GRANTED to the extent set forth herein.
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`Bar Dates. The Bar Dates set forth in the Application are hereby
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`3.
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`Notices and Forms. The forms of the Bar Date Notice, the Notice of
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`Amended Schedules, the Publication Notice, Claim Forms, and the Gemini Bar Date Notice,
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`substantially in the form of each attached to the Application, and the manner of providing notice
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`of the Bar Dates proposed in the Application, are APPROVED. The form and manner of notice
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`of the Bar Dates approved hereby are deemed to fulfill the notice requirements of the applicable
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`provisions of the Bankruptcy Code, the Bankruptcy Rules and the Local Rules.
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`4.
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`Procedures. The following procedures for the submission of Proofs of
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`Claim shall apply:
`
`(a)
`
`(b)
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`(c)
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`The General Bar Date by which proofs of claim against the
`Debtors must be filed is May 22, 2023 at 4:00 p.m., Eastern
`Time.
`
`The Rejection Bar Date by which all entities that hold a Prepetition
`Claim against any of the Debtors arising out of the rejection of
`executory contracts and unexpired leases pursuant to section 365 of
`the Bankruptcy Code that becomes effective after the entry of the
`Bar Date Order shall file a Proof of Claim by the later of (i) the
`General Bar Date, and (ii) any date the Court may fix in the
`applicable order authorizing such rejection.
`
`The Amended Schedule Bar Date for creditors holding claims which
`have been amended by the Debtors in their Schedules or added by
`the Debtors to the Schedules as the later of (a) General Bar Date and
`(b) thirty-five (35) days after the date that notice of the amendment
`is served on the affected claimant, which date shall be set forth in
`such notice of amendment.
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`3
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`(d)
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`(e)
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`The Governmental Bar Date by which a governmental unit, as
`defined in section 101(27) of the Bankruptcy Code, must file
`Prepetition Claims against the Debtors is July 18, 2023 at 4:00
`p.m., Eastern Time.
`
`Each Proof of Claim must: (i) be written in English; (ii) set forth (A)
`for any Prepetition Claim based on cryptocurrency, the number and
`type of units of each cryptocurrency held by the claimant as of the
`Petition Date and (B) solely to the extent a Prepetition Claim is not
`based on cryptocurrency, the amount of such Prepetition Claim
`denominated in United States dollars;4 (iii) conform substantially
`with the Claim Forms provided by the Debtors or Official Form No.
`410, as applicable; (iv) be signed by the claimant or by an authorized
`agent or legal representative of the claimant; and (v) include
`supporting documentation unless otherwise consented to by the
`Debtors in writing (e-mail will suffice); provided that, upon the
`request of the Debtors or any statutorily appointed committee, any
`claimant that receives such written consent shall be required to
`transmit promptly such supporting documentation to the Debtors
`and any statutorily appointed committee as soon as reasonably
`practicable, but in no event later than ten (10) business days from
`the date of such request.
`
`(f) In addition to the requirements set forth in (e) above, any Proof of Claim
`asserting a 503(b)(9) Claim must also include, with specificity: (i)
`the amount of the 503(b)(9) Claim; (ii) the particular Debtor against
`which the 503(b)(9) Claim is asserted; (iii) the date of delivery of
`the goods purportedly delivered to a Debtor within twenty days
`before the Petition Date; (iv) documentation, including invoices,
`receipts, bills of lading and the like, identifying with specificity the
`particular goods for which the 503(b)(9) Claim is being asserted; (v)
`an identification of which goods (if any) were subject to a demand
`for reclamation asserted under section 546(c) of the Bankruptcy
`Code; and (vi) documentation or other evidence that the goods with
`respect to which the 503(b)(9) Claim is being filed were sold in the
`ordinary course of the Debtor’s business.
`
`(g)
`
`Each Proof of Claim, including supporting documentation, must be
`submitted so that Kroll actually receives the Proof of Claim on or
`before the applicable Bar Date by submitting the Proof of Claim (i)
`electronically
`through
`the
`Case
`Website
`at
`https://restructuring.ra.kroll.com/genesis in accordance with the
`instructions for filing Proofs of Claim electronically or (ii) by first
`
`For the avoidance of doubt, all Proofs of Claim for Prepetition Claims based on cryptocurrency
`
`4
`must clearly indicate (i) each type of cryptocurrency held and (ii) the number of units of each cryptocurrency held
`(which may be done through the table of cryptocurrency on the proposed Claim Form).
`
`
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`4
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`

`

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`class U.S. mail, overnight mail, or other hand delivery system,
`which Proof of Claim must include an original signature, at the
`following address: Genesis Inc. Claims Processing Center c/o Prime
`Clerk LLC (now known as Kroll Restructuring Administration), 850
`3rd Avenue, Suite 412, Brooklyn, NY 11232.
`
`(h)
`
`Proofs of Claim must be submitted by mail, hand, or through the
`Case Website. Proofs of Claims submitted by electronic means
`other than the Case Website (e.g., via e-mail, facsimile, telecopy, or
`similar electronic means) will not be accepted and will not be
`deemed timely submitted.
`
`(i) A proof of claim shall be timely filed only if the original Claim Form is
`actually submitted to the Case Website or is actually received by the
`Claims Docketing Center on or before the applicable Bar Date.
`
`(j) Parties who wish to receive proof of receipt of their Proofs of Claim must
`also include with their Proof of Claim a copy of their Proof of Claim
`and a self-addressed, stamped envelope.
`
`(k)
`
`Upon the advance express written consent of the Debtors, a proof of
`claim filed for a Prepetition Claim or a 503(b)(9) Claim may be filed
`without the writings upon which the Prepetition Claim or 503(b)(9)
`Claim, as applicable, is based, as required by Bankruptcy Rules
`3001(c) and (d) and this Order; provided, however, that, upon
`request of the Debtors, any statutorily appointed committee, or any
`other party in interest in these cases, any creditor that receives such
`written consent shall be required to transmit promptly such writings
`to the Debtors, any statutorily appointed committee and the party in
`interest making such request as soon as reasonably practicable, but
`in no event later than ten business days from the date of such request.
`
`(l) Each Proof of Claim must specify by name and case number the Debtor
`against which the Prepetition Claim is submitted by checking the
`applicable box at the top of the Claim Form. A person or entity
`asserting Prepetition Claims against more than one Debtor is
`required to (i) file a separate Proof of Claim with respect to each
`such Debtor and (ii) identify on each Claim Form the particular
`Debtor against which their Prepetition Claim is asserted. Any Proof
`of Claim that fails to identify a Debtor shall be deemed as submitted
`only against Genesis Global Capital, LLC. If more than one Debtor
`is listed on the Claim Form, the Proof of Claim will be treated as
`filed only against the first-listed Debtor.
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`5.
`
`(a)
`
`The following Entities are not required to file proofs of claim:
`
`any Prepetition Claim for which a Proof of Claim has already been
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`
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`5
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`

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`filed against one or more of the Debtors and for which no other
`basis or additional amounts are sought or Prepetition Claims are
`asserted beyond those listed in the already filed Proof of Claim;
`any Prepetition Claim listed in the Debtors’ Schedules (as defined
`herein), and is not designated as “disputed,” “contingent,” and/or
`“unliquidated,” and with respect to which the Entity asserting such
`Prepetition Claim agrees with the nature, classification, and amount
`that such Prepetition Claim is identified in the Schedules, and with
`respect to which the Entity asserting such Prepetition Claim agrees
`that its Prepetition Claim is an obligation only of the specific Debtor
`who has listed the Prepetition Claim in its Schedules;
`
`any Prepetition Claim or 503(b)(9) Claim (including any Prepetition
`Claim listed in the Debtors’ Schedules as set forth in paragraph (b)
`above) that has been previously allowed by, or paid in full pursuant
`to, an order of this Court;
`
`any Prepetition Claim by a Debtor against one or more of the other
`Debtors;
`
`any Prepetition Claim for which specific filing deadlines have been
`previously fixed by this Court;
`
`(b)
`
`(c)
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`(d)
`
`(e)
`
`(f) any current or former equity security holder5 that seeks to assert only a
`proof of interest with respect of the ownership of such equity
`interests;6
`
`(g)
`
`any current employees of the Debtors, if an order of the Court
`authorized the Debtors to honor such Prepetition Claim in the
`ordinary course of business as a wage, commission, or benefit; any
`current or former employee must submit a Proof of Claim by the
`General Bar Date for all other Prepetition Claims arising before the
`Petition Date,
`including Prepetition Claims
`for wrongful
`termination, discrimination, harassment, hostile work environment
`and retaliation;
`
`(h)
`
`each and all Gemini Lenders on account of their respective
`Prepetition Claims against the Debtors for the repayment of the
`Gemini Borrowings; provided, however, that any Gemini Lender
`wanting to assert a Prepetition Claim against the Debtors for an
`amount greater than the Gemini Lender’s Gemini Borrowings in the
`Gemini Earn Program or a Prepetition Claim other than for the
`
`The term “equity security holder,” as used herein, has the meaning ascribed to it in section 101(17) of the
`5
`Bankruptcy Code.
`6
`Any equity security holder claiming damages or asserting causes of action based upon or
`arising from stock ownership would be required to file a proof of claim by the General Bar Date.
`
`
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`6
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`

`

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`repayment of the Gemini Borrowings under the Gemini Earn
`Program, shall be required to submit a Proof of Claim with respect
`to such additional Prepetition Claim on or before the applicable Bar
`Date, unless another exception identified herein applies;
`
`(i) each and all members of the Ad Hoc Group (as defined herein) on
`account of their respective Prepetition Claims against the Debtors;
`provided, however, that any member of the Ad Hoc Group wanting
`to assert a Prepetition Claim against the Debtors, other than the
`amount listed on the schedule of amounts owing pursuant to the
`underlying agreement and loan term sheets, shall be required to
`submit a Proof of Claim with respect to such additional Prepetition
`Claim on or before the applicable Bar Date, unless another
`exception identified herein applies;
`
`(j) claims for fees and expenses of professional retained in these
`proceedings;
`
`(k)
`
`any claim based on indemnification, contribution or reimbursement
`of a current officer, director or employee of any of the Debtors;
`
`(l) any person or Entity holding a Prepetition Claim solely against a non-
`Debtor entity; and
`
`(a)
`
`any Prepetition Claim allowable under sections 503(b) and
`507(a)(2) of
`the Bankruptcy Code as an expense of an
`administration incurred in the ordinary course; provided that any
`person or entity asserting a Prepetition Claim entitled
`to
`administrative expense status under section 503(b)(9) of the
`Bankruptcy Code must assert such Prepetition Claims by filing a
`request for payment or a Proof of Claim on or prior to the General
`Bar Date.
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`6.
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`Any person or entity that relies on the Schedules will have the responsibility
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`of determining that such Prepetition Claim is accurately listed in the Schedules in all respects.
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`Each Gemini Lender will have the responsibility of determining whether its Gemini Borrowings,
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`as of the Petition Date, are accurately listed in all respects on their individual account page that
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`may
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`be
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`accessed
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`through
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`the
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`Gemini
`
`Earn
`
`Program’s
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`website
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`(https://exchange.gemini.com/signin) and the Gemini mobile app as that is the amount that will be
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`listed for such Gemini Lender’s Prepetition Claim in the Gemini Master Claim.
`
`
`
`7
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`
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`

`

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`7.
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`Gemini is authorized and directed to file the Gemini Master Claim pursuant
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`to section 501(a) of the Bankruptcy Code on or before the General Bar Date, against GGC and/or
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`any other Debtor that Gemini determines may have liability to the Gemini Lenders for the
`
`repayment of the Gemini Borrowings.7
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`8.
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`Gemini is granted a waiver of the requirements of Bankruptcy Rule 3001(c)
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`as to the Gemini Master Claim to the extent that Gemini shall not be required to publicly disclose
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`underlying Gemini Lender information. The Gemini Master Claim shall not include the names or
`
`any contact information for the Gemini Lenders, and it shall not specify the Gemini Borrowings
`
`of any specific Gemini Lender, subject to further order of the Court.
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`9.
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`The Ad Hoc Group is authorized and directed to file a single Proof of Claim
`
`pursuant to section 501(a) of the Bankruptcy Code, together with a schedule of amounts asserted
`
`by each such member (with copies of any master loan agreements or loan term sheets to be made
`
`available to the Debtors upon request) on or before the General Bar Date, on account of the
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`Prepetition Claims against the Debtors held by members of the Ad Hoc Group pursuant to such
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`master loan agreements or loan term sheets; provided, however, that any member of the Ad Hoc
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`Group that wants to assert a claim, other than the amount owing pursuant to such master loan
`
`agreements or loan term sheets, shall be required to submit a Proof of Claim with respect to such
`
`additional claim on or before the General Bar Date, unless another exception to the Bar Date
`
`applies.
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`10.
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`Effect of Failure to File by Applicable Bar Date. Any holder of a Prepetition
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`Claim that is not excepted from the requirements of this Order and fails to timely submit a Proof
`
`
`The Gemini Master Claim shall not include any claims asserted by Gemini in its individual capacity.
`
`7
`To the extent that Gemini determines that the Gemini Master Claim should be filed against more than one Debtor, it
`will be deemed a separate claim with respect to each Debtor but is referred to herein as a single claim.
`
`
`
`8
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`

`

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`of Claim as required herein shall not be treated as a creditor with respect to such claim for the
`
`purposes of voting and distribution.
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`11. Mailing of Bar Date Notice Packages. The Debtors shall provide actual
`
`notice of the Bar Dates by mailing the Bar Date Notice, substantially in the form attached to the
`
`Application as Exhibit B, and the Claim Forms (collectively, the “Bar Date Notice Package”)
`
`within five (5) business days of the entry of this Order to the following potential parties-in-interest,
`
`wherever located: (i) the Master Service List; (ii) all known creditors or other known holders of
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`Prepetition Claims or 503(b)(9) Claims against the Debtors, including all persons and entities listed
`
`on the Schedules at the addresses stated therein, (iii) all counterparties to executory contracts and
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`unexpired leases listed on the Schedules at the addresses stated therein; (iv) all taxing authorities
`
`for the jurisdictions in which the Debtors maintain or conduct business; (v) all regulatory
`
`authorities that regulate the Debtors’ businesses; (vi) the Securities and Exchange Commission;
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`(vii) all known lienholders; (viii) all known non-Debtor equity and interest holders of the Debtors
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`as of the date this Order is entered; (ix) all current and former employees (to the extent that contact
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`information for former employees is available in the Debtors’ records); (x) all known parties to
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`litigation in which the Debtors are involved as listed on the Schedules; (xi) all of the Debtors’
`
`ordinary course professionals as of the date of entry of the Order; (xii) the Debtors’ banks; (xiii)
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`all Entities requesting notice pursuant to Bankruptcy Rule 2002 as of the date of entry of this
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`Order; (xiv) all persons or entities that have filed Proofs of Claim in these Chapter 11 Cases as of
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`the date of entry of this Order and (xv) all parties included on the creditor matrix filed in these
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`Chapter 11 cases (collectively, the “Bar Date Notice Parties”). The Debtors will make all
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`reasonable commercial efforts to locate current contact information for the Bar Date Notice
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`Parties.
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`
`
`9
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`

`

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`12.
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`The Claim Form attached to the Application as Exhibit A is hereby
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`approved, including all modifications to the Official Form reflected therein.
`
`13. With regard to those holders of Prepetition Claims listed on the Schedules,
`
`the Debtors shall mail one or more Claim Form (as appropriate) substantially similar to the Claim
`
`Forms annexed to the Application as Exhibit A, indicating on such Claim Form how the Debtors
`
`have scheduled such creditor’s Prepetition Claim in the Schedules (including the identity of the
`
`Debtor the Prepetition Claim is scheduled against, the amount and classification of the Prepetition
`
`Claim, and whether the Prepetition Claim has been scheduled as contingent, unliquidated or
`
`disputed).
`
`14. With regard to those holders of Prepetition Claims that are Gemini
`
`Lenders, the Debtors are authorized and directed to serve notice of the Bar Dates by serving
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`notice on Gemini and not the individual Gemini Lenders. Gemini is authorized and directed to
`
`serve the Gemini Bar Date Notice (with the Bar Date Notice attached as an exhibit thereto) on
`
`the Gemini Lenders in the manner described in the Application as soon as practicable after entry
`
`of this Order but in any event no later than twenty-eight (28) days prior to the earliest of the Bar
`
`Dates, except that Gemini is authorized and directed to serve the Gemini Bar Date Notice (with
`
`the Bar Date Notice attached as an exhibit thereto) on the Gemini Lenders a second time through
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`electronic mail no later than ten (10) days prior to the earliest of the Bar Dates. Gemini shall not
`
`be required or otherwise obligated to serve the Bar Date Notice Package or any other notice of
`
`the Bar Dates, other than the Gemini Bar Date Notice (with the Bar Date Notice attached as an
`
`exhibit thereto), on any Gemini Lender. Gemini is further authorized and directed to serve
`
`Notice of the Amended Schedule Bar Date (as defined herein), if necessary, on the Gemini
`
`Lenders in the same manner of service as the Gemini Bar Date Notice described in the
`
`
`
`10
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`
`
`

`

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`Application.
`
`15.
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`The Debtors may, in their discretion, but shall not be required to, serve the
`
`Bar Date Notice on certain Entities that are not Bar Date Notice Parties with which, prior to the
`
`Petition Date, the Debtors had done business or that may have asserted a claim against the Debtors
`
`in the recent past.
`
`16.
`
`Supplemental Mailings of Bar Date Notice Packages. After the initial
`
`service of the Bar Date Notice Packages, the Debtors may, in their discretion, make supplemental
`
`mailings of the Bar Date Notice Packages, including in the event that (i) Bar Date Notice Packages
`
`are returned by the post office with forwarding addresses, necessitating a remailing to the new
`
`addresses, (ii) notices served by e-mail are confirmed to be undeliverable, (iii) certain parties acting
`
`on behalf of parties in interest fail to pass along Bar Date Notice Packages to such parties and
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`instead return their names and addresses to the Debtors for direct mailing, or (iv) additional
`
`potential claimants become known to the Debtors. For holders of claims receiving such
`
`supplemental mailings, except for entities that are exempt from complying with the applicable Bar
`
`Dates set forth in this Order, the deadline to file Proofs of Claim, if necessary, shall be the later of
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`(a) the applicable Bar Date, or (b) 5:00 p.m. (prevailing Eastern Time) on the date that is thirty-
`
`five (35) days from service of the supplemental mailing of the Bar Date Notice Packages (or
`
`another time period as may be fixed by the Court), which deadlines shall be set forth in the
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`supplemental mailing.
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`17.
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`Actual Notice of Amended Schedule Bar Date. If and when the Debtors
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`amend their Schedules to reduce the undisputed, noncontingent and liquidated amount, to change
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`the nature or classification of a Prepetition Claim, or to add a claim to the Schedules, the Debtors
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`shall provide notice of any such amended or added claim, substantially in the form of Exhibit D to
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`the Application (the “Notice of Amended Schedules”), to the affected claimant by serving the
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`affected claimant with the Notice of Amended Schedules by first class mail and thereafter filing
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`with the Court a certificate of such service. The date by which creditors holding claims that may
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`be amended by the Debtors in their Schedules must file a Proof of Claim or amend their previously
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`filed Proof of Claim (the “Amended Schedule Bar Date”) shall be the later of (i) General Bar Date
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`and (ii) thirty-five (35) days after the date that notice of the amendment is served on the affected
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`claimant. The Notice of Amended Schedules shall include information regarding the Amended
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`Schedule Bar Date and how to file a Proof of Claim or amend an existing Proof of Claim.
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`18.
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`Assistance of Claims Agent. Kroll Restructuring Administration (“Kroll”),
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`the claims agent appointed in these cases, is authorized to facilitate and coordinate the claims
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`reconciliation and bar date notice functions, including the mailing of the Bar Date Notice
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`Packages. To the extent that Kroll requires any assistance with the preparation and mailing of the
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`Bar Date Notice Package, Kroll is authorized to employ and pay necessary service providers,
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`subject to prior approval from the Debtors, and to obtain reimbursement from the Debtors for any
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`such payments on the same terms applicable to its direct services. Kroll is further authorized to
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`take such other actions as may be necessary to ensure timely preparation and mailing of the Bar
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`Date Notice Package.
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`19.
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`Publication Notice. The Debtors shall cause the Publication Notice,
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`substantially in the form attached to the Application as Exhibit C, to be published in the The New
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`York Times and USA Today as soon as practicable after entry of this Order but in any event no later
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`than twenty-eight (28) days prior to the earliest of the Bar Dates, which publication is hereby
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`approved and shall be deemed good, adequate and sufficient publication notice of the Bar Dates.
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`20.
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`Reservation of Rights. The Debtors and any party in interest retain and
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`hereby reserve the right to (i) dispute, and/or assert offsets or defenses against, any Prepetition
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`Claim or 503(b)(9) Claim and (ii) object to any Prepetition Claim, whether scheduled or filed, and
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`any 503(b)(9) Claim, on any grounds.
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`21.
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`The Debtors are authorized and empowered to take such steps and perform
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`such actions as may be necessary to implement and effectuate the terms of this Order, including
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`without limitation payment of costs incurred in connection with the process of noticing the Bar
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`Dates.
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`22.
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`The terms and conditions of this Order shall be immediately effective and
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`enforceable upon its entry.
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`23.
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`This Court shall retain jurisdiction with respect to any matters, claims,
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`rights or disputes arising from or related to the Application or the implementation, interpretation
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`or enforcement of this Order.
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`Dated: April 4, 2023
`White Plains, New York
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`/s/ Sean H. Lane
`The Honorable Sean H. Lane
`United States Bankruptcy Judge
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