Vote on the Plans by December 16, 2024
NEW YORK, Nov. 13, 2024 /PRNewswire/ — The following statement is being issued by Kroll Restructuring Administration LLC regarding the Imerys Talc and Cyprus Mines Bankruptcy Cases.
If you have a Talc Personal Injury Claim, your rights are affected by an upcoming vote on the plans of reorganization (“Plans”) as part of bankruptcy proceedings of Imerys Talc America, Inc., Imerys Talc Vermont, Inc., and Imerys Talc Canada Inc., and potentially Imerys Talc Italy S.p.A (the “Imerys Debtors”) and Cyprus Mines Corporation (the “Cyprus Debtor”). Capitalized terms used but not defined here have the meanings ascribed to them in the Plans, which are available at IandCtalc.com.
The Imerys Debtors and the Cyprus Debtor filed Disclosure Statements (available at IandCtalc.com) that contain information to help you decide how to vote on the Plans. Both Disclosure Statements propose that a single combined trust be established to which all current and future Talc Personal Injury Claims will be channeled and resolved according to Trust Distribution Procedures. If you have a Talc Personal Injury Claim, your legal rights are affected if the Plans are approved.
The Imerys Tort Claimants’ Committee, the Cyprus Tort Claimants’ Committee, and the representatives of future talc claimants for each of the Imerys Debtors and the Cyprus Debtor support the Plans. Anyone with Claims and Equity Interests in all other Classes are assumed to accept the Plans because they are not affected by Plans or they support the Plans.
If you have a Talc Personal Injury Claim, you or your attorney are entitled to receive a ballot to vote on one or both of the Plans. Your ballot must be received by Kroll Restructuring Administration LLC no later than December 16, 2024 at 4:00 p.m. Eastern Time. If you are unsure that your attorney can vote on your behalf, please ask your attorney.
If you have a Talc Personal Injury Claim against the Imerys Debtors and/or the Cyprus Debtor, it is assumed that you consent to the “Releases by Holders of Claims” set forth in Article XII of the Imerys Plan and/or the Cyprus Plan, as applicable, if any of the following are true:
- you vote to accept the applicable Plan,
- you vote against the applicable Plan, and you do not opt out of the releases in such Plan, or
- you are entitled to vote on a Plan, but you do not vote and do not opt out of the releases in such Plan (subject to certain limitations described in the Plans).
Please read the Plans and other Plan Documents carefully for details about how the Plans will affect your rights if approved.
You have the right to object to one or both of the Plans. The deadline to file an objection is March 26, 2025, at 4:00 p.m. Eastern Time. There are requirements that must be followed to file an objection, which are set forth in the Voting Procedures Orders. Objections received after the deadline may not be considered by the Bankruptcy Court and may be deemed overruled without further notice.
This is only a summary. For additional information, including obtaining the Disclosure Statements and Plans for review, obtaining solicitation packages with ballots to vote, and other documents, please contact Kroll Restructuring Administration LLC at:
WRITE:
Imerys Ballot Processing Center
c/o Kroll Restructuring Administration, LLC
850 Third Avenue, Suite 412
Brooklyn, New York 11232
Cyprus Ballot Processing Center
c/o Kroll Restructuring Administration, LLC
850 Third Avenue, Suite 412
Brooklyn, New York 11232
CALL: (844) 514-9092 (U.S./Canada, Toll-Free), +1 (646) 777-2352 (International, Toll-Free)
VISIT: www.IandCtalc.com
EMAIL: IandCtalcInfo@ra.kroll.com
