NOTICE OF (I) NON-VOTING STATUS FOR IMPAIRED CLASSES AND (II) OPPORTUNITY TO OPT-IN TO THIRD-PARTY RELEASES
PLEASE TAKE NOTICE that on February 7, 2024, the United States Bankruptcy Court for the Southern District of New York approved the Disclosure Statement for Second Amended Joint Chapter 11 Plan of Reorganization of SAS AB and its Subsidiary Debtors (as may be amended, modified, or supplemented from time to time, the “Disclosure Statement”) [ECF No. 1905], filed by SAS AB and its debtor subsidiaries, as debtors and debtors in possession in the above-captioned chapter 11 cases (collectively, the “Debtors”), for use by the Debtors in soliciting acceptances or rejections of the Second Amended Joint Chapter 11 Plan of Reorganization of SAS AB and its Subsidiary Debtors (as may be amended, modified, or supplemented from time to time, the “Plan”) [ECF No. 1904].2
UNDER THE TERMS OF THE PLAN, YOUR CLAIM(S) AGAINST THE DEBTORS ARE IMPAIRED WITHOUT THE ABILITY TO RECEIVE OR RETAN ANY PROPERTY ON ACCOUNT OF YOUR CLAIM OR INTEREST AND, THEREFORE, PURSUANT TO SECTION 1126(g) OF THE BANKRUPTCY CODE, YOU ARE DEEMED TO HAVE REJECTED THE PLAN.
IF YOU HAVE ANY QUESTIONS ABOUT THE STATUS OF YOUR CLAIM(S) OR INTERESTS, OR WISH TO REQUEST A COPY OF THE PLAN AND DISCLOSURE STATEMENT (AT NO COST TO YOU), CONTACT THE DEBTORS’ CLAIMS AND SOLICITATION AGENT, KROLL RESTRUCTURING ADMINISTRATION LLC (THE “CLAIMS AND SOLICITATION AGENT”), BY TELEPHONE AT (844) 242-7491 (U.S./CANADA TOLL-FREE) OR +1 (347) 338-6450 (INTERNATIONAL), BY EMAIL AT SASINFO@RA.KROLL.COM (WITH “SAS AB SOLICITATION INQUIRY” IN THE SUBJECT LINE), OR BY FIRST-CLASS MAIL, OVERNIGHT COURIER, OR HAND DELIVERY TO: SAS AB BALLOT PROCESSING CENTER, C/O KROLL RESTRUCTURING ADMINISTRATION LLC, 850 3RD AVENUE, SUITE 412, BROOKLYN, NY 11232.
THE CLAIMS AND SOLICITATION AGENT IS NOT AUTHORIZED TO, AND WILL NOT, PROVIDE LEGAL ADVICE.
RELEASE OPT-IN NOTICE
Article X of the Plan contains certain release, injunction, and exculpation provisions, including the third-party releases (the “Third-Party Releases”) set forth below. You are advised to carefully review and consider the Plan, including the release, injunction, and exculpation provisions, as your rights may be affected.
If you choose to opt-in to the Third-Party Releases set forth in Section 10.7(b) of the Plan, you may submit your election to opt-in by submitting the electronic version of this opt-in form (the “Opt-In Notice”) through the Claims and Solicitation Agent’s online E-Ballot Portal, which can be accessed via the Debtors’ restructuring case website, https://cases.ra.kroll.com/SAS/, according to instructions provided below.
IF YOU CHOOSE TO OPT-IN TO THE THIRD-PARTY RELEASES SET FORTH IN THE PLAN, THIS OPT-IN NOTICE MUST BE ACTUALLY RECEIVED BY THE CLAIMS AND SOLICITATION AGENT BY MARCH 11, 2024, AT 4:00 P.M. (PREVAILING EASTERN TIME) (THE “OPT-IN DEADLINE”).
1 The Debtors in these chapter 11 cases are SAS AB, SAS Danmark A/S, SAS Norge AS, SAS Sverige AB, Scandinavian Airlines System Denmark-Norway-Sweden, Scandinavian Airlines of North America Inc. (2393), Gorm Asset Management Ltd., Gorm Dark Blue Ltd., Gorm Deep Blue Ltd., Gorm Sky Blue Ltd., Gorm Warm Red Ltd., Gorm Light Blue Ltd., Gorm Ocean Blue Ltd., and Gorm Engine Management Ltd. The Debtors’ mailing address is AVD kod: STOUU-T, SE-195 87 Stockholm, Sweden.
2 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Plan, the Disclosure Statement (as defined herein), or the Order (I) Approving (A) Disclosure Statement, (B) Solicitation, Voting, and Related Procedures, and (C) Proposed Cure Procedures, (II) Scheduling Confirmation Hearing, (III) Establishing Notice and Objection Procedures for Confirmation of Debtors’ Second Amended Chapter 11 Plan, and (IV) Granting Related Relief [ECF No. 1932] (the “Disclosure Statement Order”), as applicable or as the context otherwise requires.