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Show Legal Notices Public Notice (Benton) SSBG (Social Services Block Grant) ACCEPTED . The Five County Association of Governments announces the availability of 1 998 fiscal year (July 1 . 1 997 through June 30, 1098) SSBG (Social Services Block Grant) discretionary funds for Southwestern Utah. Applications will be available February 7. 1S37 at the Five County Association of Governments office end can be picked up at 906 North 1400 West, St George, Applications should be received by the Five County Association of Gov-- . emmentsbv5:0QPll. Friday. March APPLICATIONS 673-354- CSI Enterprises, Inc. , CCS!-- ). NUEXCO Trading Corporation (NTC"), Energy Fuels Explora- tion Company (EFEX"), Energy Fuels, Ltd. ("EFL") and Energy Fuels Mining Joint Venture ("EFMJV"; EFEX, EFL and EFMJV are referred to collectively as "Energy Fuels). Benton, CSI. NTC, EFEX, EFL, and EFMJV are referred to collectively as the Debtors." On October 18, 1996, the Official Creditors' Committee of CSI Enter"Jointly-Administer- ed prises, Inc. and Jointly-Administer- ed Debtors (the "Committee"), as Plan Proponent, and Oren Lee Benton, as filed their Plan Plan Of Reorganization For The 21.1S17. Debtors. For assistance in application prepaOn December 20. 1996, the Comration or for answers to questions mittee and Benton filed their Discloregarding the application process, sure Statement For Plan Of Reorgaplease contact Beth Cottam at the nization For The Five County Association of Govern- Debtors. ments,' 906 North 1400 West, St. On January 22. 1997, the Court George, UT 84770. held a hearing regarding the adequacy of the initial Disclosure Statement Published in the Southern Utah News which hearing was continued to on February 1 2. 1 9.26 and March 5 . 1 2 ruary 5, 1 997 and February 1 8, 1 997. & 19. 1997. On February 3, 1 997, the Committee and Benton filed their First Amended Disclosure Statement and their First PUBLIC NOTICE Amended Plan of Reorganization For The Debtors (reIN THE UNITED STATES ferred to respectively as amended or BANKRUPTCY COURT modified, as the "Disclosure StateFOR THE DISTRICT ment" and the 'Plan). On February OF COLORADO 13. 1997, the Committee and Benton filed a further amended Disclosure The Honorable Charles E. Statement and Ran. These docuMatheson ments were modified again and the modified, amended Disclosure StateIn re: ment and Plan were filed on February 21. 1997. Also, the Committee has CSI ENTERPRISES, INC., presented to the Court proposed forms of Ballots for approval by the Court ENERGY FUELS.LTD., OREN LEE BENTON, The Court has reviewed and conENERGY FUELS EXPLORATION sidered the Disclosure Statement the COMPANY. Plan and the forms of the Ballots, all NUXECO TRADING CORPORA- modifications and amendments TION. thereto, and al objections to the adENERGY FUELS MINING JOINT equacy erf the Disclosure Statement. The Court has determined that the VENTURE, Debtors. Disclosure Statement, as amended, contains adequate information purCase No. suant to Bankruptcy Code Section 1 1 25 (al references to the Bankruptcy Case No. Case No. Code are to Tide 11, United Status Case No. 95-- 1 1649-CECode). Accordingly, and based upon Case No. 95--1 1651 OEM the entire record in these 8. nt Jointly-Administer- Jointly-Administer- ed ed 673-354- 8. Jointly-Administer- M -- jointty-ad-minister- ed cases. Case No. (jotnAomin&ierta Under Case No. 95-- 1 1642-CEM- THE COURT HEREBY FINDS AND IT IS HEREBY ORDERED 1 THAT: ) I.The Disclosure Statement as amended and modified, is approved. a. Pursuant to the Disclosure Statement Notice, and in compliance with Rules 2002(b) and 3017(a) of the Federal Rules Bankruptcy Procedure (the "Bankruptcy Ftutes), the Disclosure Statement and Plan were property and timefy served upon the linked States Trustee, the Securities end Exchange Commission and any party in interest that requested in writing a copy of tha Disclosure Statement and Plan. b. The Committee has property fled a Certificate of Service evidencing proper service of tha Disclosure THIS MATTER having come be- Statement Notice, the Disclosure fore the Court on February 21, 1997 Statement and tha Plan, as set forth pursuant to the Order For Hearing On above, and tha Court hereby finds Disclosure Statement dated Decemsuch notice sufficient Pursuant to ber 24, 1 898 and the Notice Of Hear- the Disclosure Statement Notice and ORDER (!) APPROVING DISCLOSURE STATEMENT; (II) FIXING TIME FOR VOTING AND RUNG OSJECTIONSTO CONFIRMATION; (III) SETTING CONFIRMATION KEAfSNG; (hr) FDCNG DEADLINE FOR FBJNG OBJECTIONS TO ASSUMPTION OR REJECTION OF EXECUTORY CONTRACTS AND CLAIMS SETTLEMENT MOTION; (v) FCCNQ CEASUMS FOR F3JNG Q 1111(b) ELECTION; AND (vf) DEADLINE FOR RUNG ENERGY FUELS SUBSIDIARY CREDITOR CLACi FDC-Rf- ing On Adequacy Of Disclosure Staie-me- nt dated December 1 9. 1 998 (collectively, tha "Disclosure Statement d Notice") in the Chapter 11 Cases of Oren Lee Benton above-captione- SOUT3ZSN UTAH NEWS WEDNESDAY MARCH 6. 1997 and other interested parties. 2. Pursuant to Bankruptcy Rule 301 7(d) and 301 8(c), the forms of the Ballots, including the instruction contained therein, copies of which were submitted to the Court are approved in substantially the form submitted to the Court 3. HSAFfffl IQ COaHLSQifc FIXATION QF PLAN. ASSUMPTION OR REJECTION . OF EXECUTORY CPfORACTS Aafl ment Motion, as described in Paragraph 6 of this Order. d. Objections to Confirmation of the Ran. The Voting Deadline shall be the deadline for filing and service of objections to the confirmation of the Ran, as described in Paragraph 7 of this Order. e. Deadline for Energy Fuels Subsidiary Creditor Claims. The Voting Deadline shal be the deadline for filing Claims of Creditors of one or MOTION. more of the Energy Fuels SubsidiarEEITUygMT The hearing to consider the confiries, as described in Paragraph 8 of mation of the Plan will be held at 9:30 this Order. a.m. on April 8. 1 997 in Courtroom C, S EXECUTORY CONTRACTS. Par-tie- s United States Bankruptcy Court U.S. whose executory contracts or ui Customs House, 721 19th Street expired leases are subject to assumpDenver, Colorado 80202-250- 8 (the tion or rejection pursuant to Article X "Confirmation Hearing"). Also at the of the Ran will each receive a copy of Confirmation Hearing, the Court will the Disclosure Statement and Plan. a. Notice is hereby given that, in consider the assumption or rejection of executory contracts and the Claims addition to the foregoing, each Settlement Motion (both as described executory contract or unexpired lease in this Order). The Confirmation Hear- that has not been previously assumed ing may be continued from time to by order of the Court, is not the subtime by the Court without further no- ject of a pending Motion to Assume, tice other than an announcement of or is not assumed pursuant to the the continued date(s) at the afore- Ran (as identified in Exhibit D to the mentioned hearing, or at an adjourned Ran), shall be rejected. Subject to the conditions contained in Section hearing thereon. The Court intends to hear legal 1 0.1 of the Plan, the Committee has arguments, but not to consider evi- reserved the right to amend Exhibit D dence, at the Confirmation Hearing. at any time prior to ten (10) days Also at the Confirmation Hearing, the before the Voting Deadline by adding Court intends to hear legal arguments, or deleting executory contracts and but not to consider evidence, regardunexpired leases. b. Any claims arising from the ing (i) the assumption or rejection of executory contracts (as described in rejection of an executory contract or Paragraph 5 of this Order), and (ii) the unexpired lease must be filed with the Claims Settlement Motion (as de- Court on or before thirty (30) days scribed in Paragraph 6 of this Order). after the Effective Date of the Plain, In the event that objections to (i) the which is the first Business Day that is confirmation of the Plan, (ii) the as- five days after the first date on which sumption or rejection of executory the conditions precedent specified in contracts or (iii) the Claims Settle- Article Xlil of the Ran have been ment Motion are filed timely, which fulfilled or, to the extent permitted objections cannot be resolved by the tliereby, waived by the Committee. c. To the extent that any party to an Court on Apr! 8, 1997 without the presentation of evidence, then the executory contract or unexpired lease hearing on April 8. 1997 shaO be a identified for assumption (or, by exscheduling conference. A further clusion, rejection) under Article X of Confirmation Hearing tentatively is the Plan (i) asserts arrearages, damscheduled for May 1, 1997 at 9:30 ages or other actual pecuniary losses a.m. at which time the Court wifl ac- pursuant to Section 365(b)(1) of the cept the presentation erf evidence to Bankruptcy Code, 00 has an objecconsider confirmation of the Plan and tion to the proposed assumption or approval of the assumption or rejec- rejection of the executory contracts or tion of executory contracts and the unexpired leases identified in toe Plan, Claims Settlement Motion. (iii) has any objection to the terms and The last day conditions proposed by the Debtor for for voting on the Plan and making any assumption, indudtog adequate aspermitted elections under the Plan is surance of cure, compensation for fixed at March 28, 1S37 (the "Voting any losses, or adequate assurance erf Deadline). ASbaSotssh&SbemaSed, future performance, or (iv) has any or delivered by courier, to Price objection to the proposed assumpWaterhouse LLP, as tha Concord tion and refection procedures conBalloting Agent, at P.O. Box 81709, tained in Article X of toe Ran, c3 as indiChicago, Rfinois 60631-070- 9 cated on the baScts. The Voting en gt rer-Cetrt red DeadSne also shal be the deadSne forth In for the fifing and service of the follower Qrrfor. CIAS Y0TEiSP& te ing: a. Dsadlnefor Section 11 11 (bM2 Notice is further given that pursuant to Bankruptcy Rule 3014, the Voting Deadfine shal be the last date for any secured creators to elect the cppficstion of Bankruptcy Code Section 1111(b). b. Objections to Assume? n or Rejecaonef EKKUtopyCctftgca. The Voting DeadSne shal be toe deadSne for fuing and service erf objections to the assumption or rejection of executory contracts, as desertosd in in compfi&nce with Bankruptcy Rules Paragraph 5 of this Order. 2002(b) and 3017(a), a copy of tha Disclosure Statement Notice was Motion. The Voting Deadline shal be property and timely served upon the toe deadSne for filing and service of above parties and upon al creditors any objections to the Claims Settle Pgy?h brtya the c--n Vrti 17 (c) that no other defaults exist under such executory contract or unexpired lease. 6. CIALS SEnLEMOilMQim Included with the Ran Documents is a separate document entitled Amended Joint Motion Of Creditors' Committee and Debtors For Approval Of Claims Settlement Agreements And Agreement With Benton (the "Claims Settlement Motion"). The Claims Settlement Motion includes settlements between twenty major creditors of the Debtors and the Debtors, principally Benton, NTC and Energy Fuels. Approval of the Claims Settlement Motion is a condition to confirmation of the Ran. The Claims Settlement Motion contains a fuB description of the claims settlements, and additional information regarding the claims settlements is included in Exhibit 4 of the Disclosure Statement Notice Is hereby given that toe Voting Deadline also is the deadline for any creditor or party in interest to file and serve any objections to the Claims Settlement Motion. Objections to the Claims Settlement Motion must be filed with the Court and served on the persons and in the manner set forth in Paragraph 7 of tills Order on or before the Voting Deadline. Objections must deariy specify the grounds upon which they are based, including the citation of supporting legal authority, if any. General objections will not be considered by the Court 7. OBJECTIONS TO CONFIRMATION. ASSUMPTION OR REJEC- TION OF EXECUTORY AND CLAIMS SETTLEMENT MOTIOM. The last day for filing and serving, pursuant to Bankruptcy Rule 3020 (b) (1), written objections to confirmation of the Ran. assumption or rejection of executory contracts and the Claims Settlement Motion is fixed at March 28, 1 997, the same date as the Voting Deadline. Objections must be in writing and shafl be filed with the Bankruptcy Court Clerk's Office. U.S. Customs House. 721 19th Street. Denver, Colorado 80202-250- 8 and copies served on the following: CQN-TRAC- Counsel to the Committee: CariEklund James L HuemoeBer LeBoeuf, Lamb. Greene & MacRas, LLP. 633 17th Street. Suite 2000 Denver, Colorado 80202 0 Telephone: (303) 291-260- Facsimile: (303)297-042- 2 Counsel to Oren L Denton: Craig A. Christensen Harris F. Lewis UndquisL Vermum P.LLP. & Christensen, d. The tenure to fite a response or 600 17th Street Sute 2125 wkhin time the set Denver, Colorado 80202-540-1 objection period forth above shai constitute consent Telephone: (303)573-530- 0 Facsimile: 6 to the assumption or rejection, re(303) spectively, of such contracts or unex-pire- d leases, consent to the proce- UBS, Inc, CfwSr of the CommStee: dures set forth In Article X of toe L Thomas Sperry UBS. Inc. Plane, and agreement to toe essump-tio- n and cure on the terms provided 233 Park Avenue, 37to Floor for In the Ptan, inducting ackncwiadg-me- rt New York. New York 10171-C02- 6 that (a) toe proposed assumpTelephone: (212)821-333- 8 tion provides adequate assurance of Facsimile: (212)821-300- 3 future performance, (b) toe amount identified for cure is too amount nec- Orta Lee Benton: Oren L Barton essary to compensate tor any and afi dstesuSs or losses under Three Park Central. Suite 800 outstanding the respective executory contract or See LEGALS, Page 18 unexpired lease to be assumed, and 573-185- |