Vote on the Plans by December 16,2024
NEW YORK,Nov. 13,2024 -- The following statement is being issued byKroll Restructuring Administration LLC regarding the Imerys Talc and Cyprus Mines Bankruptcy Cases.
If you have a Talc Personal Injury Claim,your rights are affected byan upcoming vote on the plans of reorganization ("Plans") as part of bankruptcy proceedings of ImerysTalcAmerica,Inc.,ImerysTalcVermont,and ImerysTalc Canada Inc.,and potentially ImerysTalc 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 tothem 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 theImerys Debtors and the Cyprus Debtor support the Plans. Anyone withClaims and Equity Interests in all other Classes are assumed to accept thePlans because they are not affected by Plans or they support the Plans.
If you have a Talc Personal Injury Claim,you or your attorney areentitled to receive a ballot to vote on one or both of the Plans.Your ballotmust be received by Kroll RestructuringAdministration 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 theImerys Debtors and/or the Cyprus Debtor,it is assumed that you consent to the "Releases by Holders of Claims" set forth in ArticleXIIoftheImerys Planand/ortheCyprusPlan,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 abouthow the Plans will affect your rights if approved.
YouhavetherighttoobjecttooneorbothofthePlans.Thedeadlinetofile an objection is March 26,2025,at 4:00 p.m. EasternTime. 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,New York 11232
CALL: (844) 514-9092 (U.S./Canada,Toll-Free),+1 (646) 777-2352 (International,Toll-Free)
VISIT: www.IandCtalc.com
EMAIL: [email protected]
© OfficialAffairs