You are receiving this opt-out election form (this “Opt-Out Election Form”) because you are or may be a Holder of one or more Claims or Interests in Classes 4, 5, 6A, and 6B under the Revised Combined Disclosure Statement and Chapter 11 Plan of Liquidation for Trex Wind-down, Inc. and its Affiliated Debtors [D.I. 290] (as amended, supplemented or otherwise modified from time to time, according to its terms, the “Combined Disclosure Statement and Plan”)1. Holders in Classes 4, 5, 6A, and 6B are not entitled to any recovery under the Plan and are therefore deemed to reject the Plan. Therefore, you will not be receiving a ballot to vote on the Plan.
As of the Effective Date of the Plan, certain release, injunction and exculpation provisions set forth in the Plan will become effective, including a release by holders of Claims and Interests as set forth in Article X of the Plan (the “Third-Party Release”). These provisions are attached as Schedule A to this form. You may choose to opt out of the Third-Party Release set forth in Article X of the Plan by following the instructions set forth in this Opt-Out Election Form.
IF YOU WISH TO OPT OUT OF THE THIRD-PARTY RELEASE SET FORTH IN ARTICLE X OF THE PLAN:
(1) PLEASE COMPLETE, SIGN, AND DATE THIS OPT-OUT ELECTION FORM AND RETURN IT TO KROLL RESTRUCTURING ADMINISTRATION LLC IN THE PREPAID, PRE-ADDRESSED BUSINESS REPLY ENVELOPE PROVIDED OR BY FIRST-CLASS MAIL, OVERNIGHT OR HAND DELIVERY TO:
Timber Pharmaceuticals
Ballot Processing Center
c/o Kroll Restructuring Administration, LLC
850 3rd Avenue, Suite 412
Brooklyn, NY 11232
(to arrange hand delivery of your Opt-Out Election Form, please send an
email to TimberInfo@ra.kroll.com (with “Timber Solicitation Ballot
Delivery” in the subject line)at least 24 hours before arrival at the Kroll
address above and provide the expected date and time of delivery)
OR
(2) SUBMIT YOUR CUSTOMIZED, ELECTRONIC OPT-OUT ELECTION FORM VIA THE CLAIMS AND BALLOTING AGENT’S ONLINE PORTAL AS FOLLOWS:
Please visit the Debtors’ restructuring website at https://restructuring.ra.kroll.com/timber/. Click on the “Submit E-Ballot” section of the website and follow the directions to submit the electronic version of your Opt-Out Election Form. If you choose to submit your Opt-Out Election Form via the Claims and Balloting Agent’s online E-Ballot portal, you should not also return a hard copy of your Opt-Out Election Form.
IMPORTANT NOTE: You will need the following information to retrieve and submit the customized electronic version of your Opt-Out Election Form:
Unique Opt-Out ID#________________________________