EXHIBIT 1 Revised Proposed Order
B. This Court has jurisdiction to consider and approve the designation of the Stalking
Horse Agreement (as defined herein) as the Stalking Horse Bid and provision of the Stalking Horse
Bid Protections (as defined herein) in accordance with 28 U.S.C. §§ 157 and 1334
Debtors have (i) designated Southwest Critical Materials LLC as the Stalking Horse Bidder (
// talking Horse Bidder in an amount not to
exceed $1,250,000 in the aggregate or (ii) a Break-Up Fee equal to three percent (3%) of the
Purchase Price, or $3,840,000, which is inclusive of any reimbursement of expenses incurred in
connection with the sale transaction (the “Stalking Horse Bid Protections”).
G. The Stalking Horse Bid represents the highest and otherwise best binding offer the
Debtors have received to date to purchase the Purchased Assets
Procedures and related termination provisions, and subject to entry of the Sale Order. For the
avoidance of doubt, the form of the Sale Order and Canadian Recognition Sale Order (each as
defined in the Stalking Horse Agreement) are not being approved under this Order; such orders
shall not be subject to any bar date in these Chapter 11 Case
>>>>>>>>>>>
in the shorts… this battery company in Canada.. came in and applied Canadian Stalking Horse Bidding procedures.. yesterday the batt company had 3 or 4 attorneys fron NYC Area admitted to the Nev Pro Term Bar.. the entire clain to fame is federal superior courts / tort…
today the court in reno just tossed these boozers on their ears and applied a 1.25M$ No Exit Surety not to exceed 3.8M$ or 3% (Delta Limit).
Now here is the first reff to equity holders.. this has been included in the punkNpunt on the canadian court cross border contamination.. its juristiction. I am shire there is precedence here.. but outside of the property locations and SS Banks Finance a fewyears ago which started this puddle of wett ‘stuffins. The canadian hav no skin in the came – truks – payroll – etc – pumps; its all pala and the Metchel Steel Game Rules OF ZUG and Muskovite w a Jinn (@17%), the partner is represented in the USA @ Huston – nothing canadian here @ all..
this is the way i am reading this…
if this SH was a script for a Porno – I think he just GOT and U know the rest of the story”! i.e. no queens thrown here – king either;;;
<<<<<<<<<<<<<<<
5. Notwithstanding anything to the contrary in the Stalking Horse Agreement, this
Order, or any other order or document in connection with these Chapter 11 Cases, the Excluded
Assets (as defined in the Stalking Horse Agreement) include – and the Purchased Assets (as
defined in the Stalking Horse Agreement) exclude – any and all potential claims and causes of
action against current and former insiders, equityholders, directors and officers.
The 511 document reads like an add for 5’11 tactical squad gear – boots – moly paks – free ammo from the saddels of a winged SH/ chilling @ a waterhole close to the data room (vegas – sacramento – NYC; booze is free here)
u get the drift… peeky blinders for the riders of the range on a horse w no name..
here is the mule shoe for the donkeys
The Stalking Horse Agreement and any related agreements, documents, or other
instruments may be modified, amended, or supplemented by the parties thereto solely in
accordance with the terms thereof, after consultation with the Consultation Parties, without further
order of the Court
kinda down hill from here…
equity holders – nice touch… TSX has a blood trail bak to the offencers lair – who are owners of the TMX… next stop Canadian Secureties Agency ????
https://document.epiq11.com/document/getdocumentbycode?docId=4369564&projectCode=NEV&source=DM
13. This Court shall retain exclusive jurisdiction with respect to all matters arising from
or related to the implementation or interpretation of this Order
IT IS SO ORDERED
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EXHIBIT 2 Redline to Initial Proposed Order
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5. Notwithstanding anything to the contrary in the Stalking Horse Agreement, this
Order, or any other order or document in connection with these Chapter 11 Cases, the Excluded
Assets (as defined in the Stalking Horse Agreement) include – and the Purchased Assets (as
defined in the Stalking Horse Agreement) exclude – any and all potential claims and causes of
action against current and former insiders, equityholders, directors and officers.