Submit Your Vote by March 25, 2021.
NEW YORK, Feb. 26, 2021 /PRNewswire/ -- The following statement is being issued by Prime Clerk LLC regarding the Imerys Chapter 11.
If you have a Talc Personal Injury Claim, your rights are affected by an upcoming vote on a plan of reorganization (the "Plan") as part of the chapter 11 proceedings of Imerys Talc America, Inc., Imerys Talc Vermont, Inc. and Imerys Talc Canada Inc. (collectively, the "North American Debtors"). Imerys Talc Italy S.p.A ("ITI") may also file (but has not yet filed) a chapter 11 case in the United States. "Debtors" means the North American Debtors and, if it files a chapter 11 case before the Plan is confirmed, ITI. Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Plan, which is available at ITArestructuring.com (the "Case Website").
The Debtors filed a Disclosure Statement (available at the Case Website) containing information that will help you decide how to vote on the Plan, which proposes to set up a trust to resolve all Talc Personal Injury Claims. Your legal rights will be affected if the Plan is approved.
Only holders of "Talc Personal Injury Claims," or their attorneys on their behalf, are entitled to receive a ballot to vote on the Plan.
Holders of Claims and Equity Interests in all other Classes under the Plan are presumed to accept the Plan, because they are either Unimpaired by the Plan or are Plan Proponents.
If you have a Talc Personal Injury Claim, you or your attorney on your behalf, as permitted by the Voting Procedures, have the right to vote on the Plan. The deadline by which ballots must be received by the Debtors' solicitation agent, Prime Clerk LLC ("Prime Clerk") is March 25, 2021 at 4:00 p.m. ET. If you are unsure whether your attorney is authorized to vote on your behalf, please contact your attorney. Both the Tort Claimants' Committee and the representative of future talc claimants support the Plan.
If the Plan is approved by the Bankruptcy Court and the District Court, all Talc Personal Injury Claims will be channeled to the Talc Personal Injury Trust and resolved pursuant to the Trust Distribution Procedures. If you are the holder of (a) a Talc Personal Injury Claim and you vote to accept the Plan, (b) a Claim that is presumed to accept the Plan, (c) a Talc Personal Injury Claim and you vote against the Plan and do not opt out of the releases, or (d) a Talc Personal Injury Claim entitled to vote for or against the Plan and you do not vote for or against the Plan and do not opt out of the releases provided in the Plan (subject to certain limitations described in the Plan), you will be presumed to grant the "Releases by Holders of Claims" set forth in Article XII of the Plan. Please read the Plan and other Plan Documents carefully for details about how the Plan, if approved, will affect your rights.
You have the right to object to the Plan. The deadline to file an objection is May 28, 2021 at 4:00 p.m. ET. There are requirements that must be followed to file an objection, which are set forth in the Voting Procedures Order. Objections received after the deadline may not be considered by the Bankruptcy Court and may be deemed overruled without further notice. You can obtain additional information or instructions, review the Plan Documents, or obtain a solicitation package with a ballot to vote, by contacting Prime Clerk.
Imerys Ballot Processing Center
c/o Prime Clerk LLC, One Grand Central Place
60 East 42nd Street, Suite 1440, New York, NY 10165.
Request More Information: [email protected]
Request Ballot with Solicitation Package to Vote on the Plan:
Call: (844) 339-4096 (Toll-Free) / +1 347 919 5767 (International)