In re: Xinergy Ltd.
On April 6, 2015, Xinergy Ltd. ("Xinergy") and twenty-five (25) affiliated entities (collectively with Xinergy, the “Debtors”) filed petitions in the United States Bankruptcy Court for Western District of Virginia seeking relief under chapter 11 of the United States Bankruptcy Code. The Debtors’ cases have been assigned to Judge Paul M. Black. These cases are being jointly administered for procedural purposes, meaning that all pleadings filed in these cases will be reflected on the case docket for Xinergy Ltd., Case No. 15-70444 (the “Main Case Docket”). The Main Case Docket can be accessed through the website maintained by the United States Bankruptcy Court for the Western District of Virginia (www.vawb.uscourts.gov).
Xinergy is a U.S. Central Appalachian, low-cost producer of high quality thermal and premium metallurgical coal with mining operations in West Virginia and Virginia. Xinergy is focused on creating stakeholder value through organic growth and accretive acquisitions of quality reserves and mining operations throughout Central Appalachia with emphasis towards the development of its high quality, mid-vol metallurgical properties in southern West Virginia. Xinergy also continues to increase its control of metallurgical reserves through a determined acquisition and leasing program in conjunction with an aggressive drilling program. The Xinergy management team collectively has over 100 years of experience including senior level management positions in the coal industry and capital markets industry combined.
NOTICE OF (I) CONFIRMATION OF THE DEBTORS’ AMENDED JOINT CHAPTER 11 PLAN (II) OCCURENCE OF EFFECTIVE DATE AND (III) ADMINISTRATIVE CLAIMS BAR DATE
PLEASE TAKE NOTICE THAT:
True Energy Auction Procedures and Notice
Please Take Notice that on December 23, 2015 the ORDER (I) APPROVING BIDDING PROCEDURES FOR THE SALE OF ALL OR SUBSTANTIALLY ALL OF THE ASSETS OF TRUE ENERGY, LLC, (II) SCHEDULING BID DEADLINES AND THE AUCTION, (III) APPROVING THE FORM AND MANNER OF NOTICE THEREOF AND (IV) GRANTING RELATED RELIEF, was entered at Docket Number 592. You can obtain a copy of the order by clicking here.
The True Energy Bidding Procedures Order established the following dates and deadlines in connection with the Auction:
1. Preliminary Indications of Interest: January 8, 2016, at 5:00 p.m. (prevailing Eastern Time), as the deadline by which all Preliminary Indications of Interest must be actually received by the Debtors and counsel to the Debtors in the form and manner specified in the True Energy Bidding Procedures, in order for an interested party to become a Qualified Bidder.
2. Bid Deadline: January 14, 2016, at 5:00 p.m. (prevailing Eastern Time), as the deadline by which all Bids must be actually received by the Debtors and counsel to the Debtors in the form and manner specified in the True Energy Bidding Procedures;
3. Auction: January 19, 2016, at 10:00 a.m. (prevailing Eastern Time), as the date and time of the Auction, which will be held at the offices of Hunton & Williams LLP, Riverfront Plaza, East Tower, 951 East Byrd Street, Richmond, Virginia 23219 or such other location as the Debtors may designate after consultation with the Committee and the DIP Agent.
4. Sale Hearing: January 21, 2016, at 2:00 p.m. (prevailing Eastern Time), or as soon thereafter as counsel may be heard, which will be held before the Honorable Paul M. Black, United States Bankruptcy Judge, at the United States Bankruptcy Court for the Western District of Virginia, Roanoke Division, 2nd Floor, 210 Church Avenue, Roanoke, Virginia 24011.
The Voting Deadline by which Ballots accepting or rejecting the Plan must be actually received is January 20, 2016 at 5:00 p.m. prevailing Eastern Time.
All Ballots must be properly executed, completed and delivered to the Balloting Agent at:
so that the Ballots are actually received on or before Voting Deadline. Ballots cast by facsimile, email or other electronic transmission will not be counted unless approved in advance by the Debtors in writing.
Creditors who have already submitted Ballots shall have the opportunity to re-vote, if desired, by contacting ALCS and requesting a replacement Ballot or by such other mechanism as the Debtors may otherwise agree or institute, including, as needed, by further order of the Court. All re-submitted Ballots must comply with this paragraph 3 of the Courts order that extends the voting deadline (Click Here to View).
Financial Presentations for Investors
Meeting of Creditors
Please Take Notice that the meeting of creditors pursuant to section 341 of the Bankruptcy Code (the "Meeting of Creditors") was held on June 23, 2015.
List of Equity Holders
Please Take Notice that on June 25, 2015 the List of Equity Security Holders of Xinergy Ltd. was filed at Docket Number 300. You can obtain a copy by clicking here.
Deadlines to File Proof(s) of Claim and Proof(s) of Interest
Please Take Notice that on June 8, 2015 the Bar Date Order was entered at Docket Number 276. You can obtain a copy by clicking here. To download a copy of the associated notice, click here.
If by US mail:
Note: American Legal Claim Services, LLC ("ALCS") maintains this website for the public's convenience at the direction of Hunton & Williams, counsel to the Debtor. While ALCS makes every attempt to ensure the accuracy of the information contained herein, this website is not the website of the United States Bankruptcy Court, and does not contain the complete official record of the Court. All documents filed with the Court are available for inspection at the Clerk of the Bankruptcy Court, Western District of Virginia.