Heinz Binder (SBN 87908)
Robert G. Harris (SBN 124678)
Julie Rome-Banks (SBN 142364)
BINDER & MALTER, LLP
2775 Park Avenue
Santa Clara, CA 95050
Tel: (408) 295-1700
Fax: (408) 295-1531
Email: Heinz@bindermalter.com
Email: Rob@bindermalter.com
Email: Julie@bindermalter.com
Attorneys for debtor and debtor-in-possession
ET Solar, Inc.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
Case No. 17-43031 CN
Chapter 11
ET SOLAR, INC., Debtor,
Date: November 8, 2018
Time: 10:00 a.m.
Place: Courtroom 215
1300 Clay Street
Oakland, California
Notice of Hearing on (1) Confirmation of Plan of Reorganization; and (2) Opportunity for Overbid on New Equity of Reorganized Debtor (11 U.S.C. Sections 1129(a), (b))
TO ALL CREDITORS AND OTHER PARTIES IN INTEREST, ALL PARTIES REQUESTING SPECIAL NOTICE, THE SECURITIES AND EXCHANGE COMMISSION, THE UNITED STATES TRUSTEE, AND THEIR RESPECTIVE COUNSEL:
The Debtor’s Chapter 11 Plan (September 11, 2018) (the “Plan”) and Disclosure Statement for Debtor’s Plan of Reorganization (September 11, 2018) (the “Disclosure Statement”) having been filed on September 11, 2018,
NOTICE IS HEREBY GIVEN THAT:
1. The hearing to confirm the Plan under Bankruptcy Code section 1129(a) and, if necessary, Bankruptcy Code section 1129(b) is set for November 8, 2018 at 10:00 a.m. The location is Courtroom 215, 1300 Clay Street, Oakland, California.
2. If you are entitled to vote you will receive a solicitation package which shall include a copy of (a) this Notice, (b) an order approving the Disclosure Statement, (c) the Disclosure Statement, (d) the Plan, and (e) a ballot. The ballot contains specific voting instructions. Failure to follow the voting instructions may disqualify your vote. All filed documents may be examined by accessing the Court’s website: http://www.canb.uscourts.gov. To access documents on the Court’s website, you will need a PACER password and login, which can be obtained at www.pacer.psc.uscourts.gov.
3. November 1 , 2018 is (1) the last day for filing and serving objections to the Plan, and (2) ballots for acceptance of rejection of the Plan. Ballots must be physically received by November 1, 2018, or your vote will not be counted. Only ballots delivered by mail, courier service, hand delivery or email will be counted. Ballots delivered by facsimile shall not be counted. Ballots and objections should be sent to the following person at the following address:
Robert G. Harris, Esq.
Binder & Malter, LLP
2775 Park Avenue
Santa Clara, CA 95050
4. Requests for copies of the Plan and any amendments filed before the hearing thereon should be mailed to the Debtor at the address of the undersigned counsel. If you wish to receive a copy of any supplemental or amended filings, it is important that you advise the undersigned counsel in writing of your address.
OPPORTUNITY FOR OVERBID TO PURCHASE NEW EQUITY
PLEASE TAKE FURTHER NOTICE THAT the $100,000 New Value Contribution set forth in the Plan is subject to overbid at the time of hearing on confirmation of the Plan. Any party interested in overbidding to acquire the New Equity, a 100% interest in the Reorganized Debtor, must attend the Plan confirmation hearing and make an overbid of at least $125,000 payable in cash. Bidding following the initial overbid shall be in increments of $25,000.
Dated: October 5, 2018
