supplement to the first amended ch 11 plan 6-12-13.pdf

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  • 7/28/2019 supplement to the first amended ch 11 plan 6-12-13.pdf

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    UNITED STATES BANKRUPTCY COURT

    EASTERN DISTRICT OF LOUISIANA

    IN RE:

    VIRGIN OFFSHORE USA, INC.,

    DEBTOR

    CASE NO. 11-13028

    CHAPTER 11

    CHIEF JUDGE ELIZABETH W. MAGNER

    SUPPLEMENT TO THE FIRST AMENDED CHAPTER 11 PLAN OF

    REORGANIZATION DATED MARCH 28, 2013 SUBMITTED BY GERALD H. SCHIFF,

    CHAPTER 11 TRUSTEE FOR THE ESTATE OF VIRGIN OFFSHORE, USA, INC.

    Gerald H. Schiff, chapter 11 trustee for the Virgin Offshore U.S.A., Inc. bankruptcy

    estate (the Trustee), hereby submits this supplement (Plan Supplement) to the FIRST

    AMENDED CHAPTER 11 PLAN OF REORGANIZATION DATED MARCH 28, 2013

    SUBMITTED BY GERALD H. SCHIFF, CHAPTER 11 TRUSTEE FOR THE ESTATE OF

    VIRGIN OFFSHORE, USA, INC. (the Plan).1

    1. Form of Offshore Equity Trust AgreementAttached hereto as Exhibit A is a form of the proposed Offshore Equity Trust Agreement

    contemplated in Article VI(B) of the Plan. The form is subject to execution by the proposed

    Equity Trustee, and further amendment and modification as necessary.

    2. RLI StipulationAttached hereto as Exhibit B is the Term Sheet Stipulation (Stipulation) executed by

    and between the Trustee, on behalf of the state, the Virgin Oil Plan Trust and RLI Insurance

    Company. As set forth in Section (1)(a) of the Stipulation, the Trustee agreed to incorporate the

    term of the Stipulation into the proposed Plan as further clarification of the treatment of the RLI

    1 (R. at 402.)

    Case 11-13028 Doc 430 Filed 06/12/13 Entered 06/12/13 16:40:20 Main DocumentPage 1 of 2

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    Insurance Class 2 Claim and to reduce to writing the meaning of Paragraph 8 of the

    Decommissioning Term Sheet.

    Respectfully submitted by:

    GORDON, ARATA, MCCOLLAM,

    DUPLANTIS & EAGAN, LLC

    By: /s/ Patrick M. Shelby

    Patrick Rick M. Shelby (La. Bar. No. 31963)

    James D. Rhorer (La. Bar No. 34052)Place St. Charles

    201 St. Charles Avenue, 40th Floor

    New Orleans, LA 70170-4000

    Telephone: (504) 582-1111

    Email: [email protected]

    And

    Louis M. Phillips (La. Bar No. 10505)

    One American Place301 Main Street, Suite 1600

    Baton Rouge, LA 70801-1916

    Telephone: (225) 381-9643Facsimile: (336) 336-9763

    Email: [email protected]

    And

    Armistead M. Long (La. Bar No. 33949)400 East Kaliste Saloom Road, Suite 4200

    Lafayette, LA 70508

    Phone: (337) 237-0132Email: [email protected]

    Attorneys for Gerald H. Schiff,

    Chapter 11 Trustee

    Case 11-13028 Doc 430 Filed 06/12/13 Entered 06/12/13 16:40:20 Main DocumentPage 2 of 2