Wednesday, November 30, 2011

Great Atlantic & Pacific Tea Co. Operating Plan




It appears that the Great Atlantic & Pacific Tea Co. (A&P) is about to emerge from Bankruptcy.




The Plan constitutes a separate plan of reorganization for each Debtor, provided,
however, that the classifications and recoveries set forth below reflect the Substantive
Consolidation Settlement described above. Except for the Claims addressed in ARTICLE II
above, all Claims and Interests are classified in the Classes set forth below pursuant to section
1122 of the Bankruptcy Code. As set forth above, in accordance with section 1123(a)(1) of the
Bankruptcy Code, the Debtors have not classified Administrative Claims, Professional Claims,
DIP Facility Claims and Priority Tax Claims. A Claim or Interest is classified in a particular
Class only to the extent that the Claim or Interest qualifies within the description of that Class
and is classified in other Classes to the extent that any portion of the Claim or Interest qualifies
within the description of such other Classes. A Claim or Interest is also classified in a particular
Class for the purpose of voting and receiving distributions pursuant to the Plan only to the extent that such Claim or Interest is an Allowed Claim or Interest in that Class and has not been paid, released, or otherwise satisfied prior to the Effective Date.

Class Identification: Below is a chart assigning each Class a letter for purposes of
identifying each separate Class.

Here are the voting rights for Class Claim or Interest Status Voting Rights.

A) Second Lien Note Claims Impaired/Unimpaired Entitled to Vote/Conclusively Presumed to Accept

B) Secured Tax Claims Unimpaired Conclusively Presumed to Accept

C) Other Secured Claims Unimpaired Conclusively Presumed to Accept

D) Other Priority Claims Unimpaired Conclusively Presumed to Accept

E) Convertible Notes Claims Impaired Entitled to Vote

F) 9.125% Senior Notes Claims Impaired Entitled to Vote

G) Quarterly Interest Bond Claims Impaired Entitled to Vote

H) Trade Claims Impaired Entitled to Vote

I) Guaranteed Landlord Claims Impaired Entitled to Vote

J) Union Claims Impaired Entitled to Vote

K) General Unsecured Claims Impaired Entitled to Vote

L) Intercompany Claims Impaired Deemed to Reject

M) Interests in A&P Impaired Deemed to Reject

N) Intercompany Interests Impaired Deemed to Reject

O) Section 510(b) Claims Impaired Deemed to Reject

The case is very complicated. That is why I am giving you the court records so that you can see for yourself how the case is being structured and the agreement to be voted on. I am not an attorney and anything can happen in this case. The court hearing on this plan is set for December 15, 2011 at 10 AM. The 12,840bonds of 9.125% Senior Notes will vote as a group to divide $40 Million between them. If what I believe is the case then A&P has enough cash to pay the group in full or $1,000 plus interest for each bond held. If that is the case then I can’t see why the group will not vote to be paid. It appears that the classes above the 9.125% Senior Notes will get their money as well so I see no reason why they would not vote for this plan.

NOTICE OF DISCLOSURE STATEMENT HEARING
http://www.kccllc.net/documents/1024549/1024549111116000000000010.pdf

DEBTORS’ DISCLOSURE STATEMENT FOR THE DEBTORS’ JOINT PLAN OF REORGANIZATION PURSUANT TO CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE
http://www.kccllc.net/documents/1024549/1024549111114000000000011.pdf

Restructuring Information Line at (877) 660-6625. Additional information about the company’s turnaround can be found here: http://aptea.com/turnaround.asp.

Also on this website located here: http://www.kccllc.net/aptea.

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