{00511614.DOCX / 4}  3  to determine whether the Joint Plan complies with the applicable provisions of the  Bankruptcy Code and should be confirmed.  B.  Judicial Notice. This Court takes judicial notice of the docket of the  Bankruptcy Case maintained by the Bankruptcy Court, including, without limitation, all  pleadings, papers and other documents filed, all orders entered, and the transcripts of,  and all minute entries on the docket indicating the evidence and arguments made,  proffered or adduced at the hearings held before the Court during the pendency of the  Bankruptcy Case.  C.  Transmittal and Mailing of Materials; Notice. All due, adequate, and  sufficient notices of the Trustee’s Plan (as defined in footnote 4 below), the Joint Plan,  the Motion to Modify, the Confirmation Hearing, and the deadlines for voting on and  filing objections to the Trustee’s Plan, were given to all known Holders of Claims and  Interests in substantial compliance with the Bankruptcy Rules and the Orders of this  Court. See Docket Nos. 668, 843, 844 and 851. The Disclosure Statement, the  Trustee’s Plan, and relevant ballots were transmitted and served in substantial  compliance with the Bankruptcy Rules and the Orders of this Court upon Creditors and  Interest Holders entitled to vote on the Trustee’s Plan, and such transmittal and service  were, and are, adequate and sufficient. No other or further notice of the Joint Plan, the  Motion to Modify or the Confirmation Hearing is or shall be required.  D.  Solicitation. The solicitation of votes for acceptance or rejection of the  Joint Plan4 complied with §§ 1125 and 1126,5 Bankruptcy Rules 3017 and 3018, all  other applicable provisions of the Bankruptcy Code, and all other rules, laws and  4  The Trustee solicited acceptance of the Plan of Reorganization filed at Docket No. 596  (“Trustee’s Plan”). As described in paragraph GG, below, the modifications to the Trustee’s Plan which resulted in the Joint Plan do not adversely change the treatment of any Holders of Claims or Interests that voted to accept the Trustee’s Plan, and, as to all accepting Classes, the modifications are “immaterial.” 5  Unless otherwise provided, all references to statutory sections in these Findings and Conclusions  using the section symbol “§” are to the relevant sections of the Bankruptcy Code.  Case 17-29073 Doc 859 Filed 09/04/20 Entered 09/04/20 13:30:50 Desc Main  Document Page 3 of 21

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