Exhibit 99.1
UNITED STATES BANKRUPTCY COURT
DISTRICT OF DELAWARE
In re: :
: Chapter 11
MSCP HOLDINGS, INC., :
MEDICALOGIC/MEDSCAPE, INC., : Case Nos. 02 - 10253 (PJW)
MEDICALOGIC ENTERPRISES, INC., : through 02 - 10258 (PJW)
MEDICALOGIC PENNSYLVANIA, L.L.C., :
MEDICALOGIC OF TEXAS, INC., AND : (Jointly Administered)
MEDICALOGIC TEXAS, L.P., :
:
Debtors. :
NOTICE OF (1) ENTRY OF CONFIRMATION ORDER, (2) OCCURRENCE
OF EFFECTIVE DATE, AND (3) IMPORTANT BAR DATES
On January 24, 2002, MSCP Holdings, Inc. and its affiliated debtors and
debtors in possession herein (collectively, the "Debtors") each filed a
voluntary petition for relief under chapter 11 of title 11 of the United States
Code (the "Bankruptcy Code") in the United States Bankruptcy Court for the
District of Delaware (the "Court").
PLEASE TAKE NOTICE THAT:
ENTRY OF CONFIRMATION ORDER
1. On December 20, 2002, the Debtors filed their First Amended Joint Plan
of Liquidation of the Debtors Under Chapter 11 of the Bankruptcy Code (as
amended, supplemented or otherwise modified, the "Plan").
2. A hearing was held on March 3, 2003 to consider confirmation of the
Plan, and the Plan was confirmed by order of the Court entered on March 3, 2003
(the "Confirmation Order").
3. The Plan and Confirmation Order are on file with the Court and may be
reviewed during normal Court hours, or through the Court's official website at
www.deb.uscourts.gov. Full copies of the Plan and Confirmation Order may also be
obtained by accessing the Debtors' website at www.mscpholdings.com.
EFFECTIVE DATE OF PLAN
4. The effective date of the Plan occurred on April 2, 2003 (the "Effective
Date").
IMPORTANT BAR DATES
(A) REJECTION DAMAGE CLAIM BAR DATE:
5. Pursuant to Section 9.1 of the Plan and paragraph 5 of the Confirmation
Order, the Court approved the rejection of all of the Debtors' executory
contracts and unexpired leases, except for an executory contract or unexpired
lease that (a) was specifically assumed and assigned or rejected pursuant to a
final order of the Bankruptcy Court, or (b) was the subject of a separate motion
filed by the Debtors before March 3, 2003, pursuant to section 365 of the
Bankruptcy Code. Under Section 9.2 of the Plan, any of the Debtors' common
equity securities options and/or warrants not exercised prior to the Effective
Date are rejected and canceled pursuant to section 1123(a)(5)(F) of the
Bankruptcy Code.
6. Pursuant to Section 9.3 of the Plan and paragraph 21 of the Confirmation
Order, if the rejection of any executory contract, unexpired lease, common
equity option, warrant, or right of conversion (collectively, the "Executory
Contracts") under Sections 9.1 and 9.2 of the Plan gives rise to a Claim (as
that term is defined in the Bankruptcy Code) by a non-Debtor party or parties to
such rejected Executory Contract, such Claim shall be forever barred and shall
not be enforceable against the Debtors, the Trust (as that term is defined in
the Plan), their respective successors or their respective properties, unless a
proof of Claim is filed and served, as provided in paragraph 7 below, on or
before 4:00 p.m., Prevailing Eastern Time, on May 2, 2003. (1)
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(1) Pursuant to the Plan and Confirmation Order, the bar date for Rejection
Damage Claims was originally scheduled for 4:00 p.m., Prevailing Eastern Time,
on April 2, 2003, but has been extended herein to 4:00 p.m., Prevailing Eastern
Time, on May 2, 2003.
7. Any proof of Claim for a Rejection Damage Claim must be (i) filed with
the Court through the Debtors' claims agent at MSCP Holdings, Inc. c/o The
Altman Group, Inc., 60 East 42nd Street, Suite 405, New York, New York 10165;
and (ii) served upon (a) the Trustee: Walker Truesdell Radick & Assoc., 380
Lexington Avenue, Suite 1514, New York, NY 10168, Attn: Hobart Truesdell, (b)
co-counsel to the Debtors: Gibson, Dunn & Crutcher LLP, 200 Park Avenue, New
York, New York 10166, Attn: Conor D. Reilly, (c) co-counsel to the Debtors: The
Bayard Firm, 222 Delaware Avenue, Wilmington, Delaware 19801, Attn: Steven M.
Yoder, (d) co-counsel to the Equity Committee: Salans, Rockefeller Center, 620
Fifth Avenue, New York, New York 10020, Attn: Claude D. Montgomery, and (e)
co-counsel to the Equity Committee: Connolly Bove Lodge & Hutz LLP, 1220 Market
Street, Wilmington, DE 19801, Attn: Michelle Kathleen McMahon, so that such
proof of claim is actually received on or before 4:00 p.m., Prevailing Eastern
Time, on May 2, 2003.
8. If you file a proof of Claim, your filed proof of Claim must (i) be
written in the English language, (ii) be denominated in lawful currency of the
United States, (iii) conform substantially to Official Form 10, and (iv)
specifically identify the Debtor against which you assert a Claim. You should
include all Claims against a particular Debtor in a single proof of Claim form.
If you have a claim against more than one Debtor you must file a separate proof
of Claim form against each such Debtor. You must attach to your completed proof
of Claim form copies of any document upon which such Claim is based.
(B) ADMINISTRATIVE CLAIM BAR DATE AND OBJECTIONS THERETO:
9. Pursuant to Section 2.3 of the Plan and paragraph 19 of the Confirmation
Order, all holders of Administrative Claims incurred after April 26, 2002 and
through the Effective Date (which have not been paid or otherwise satisfied
prior to the Effective Date), must file and serve a request for payment of such
Administrative Claim, as provided in paragraph 10 below, on or before 4:00 p.m.,
Prevailing Eastern Time, on June 2, 2003. The deadline for objections to
Administrative Claims is 4:00 p.m., Prevailing Eastern Time, on July 2, 2003. If
no objection to a properly filed Administrative Claim is filed by that time,
such Administrative Claim will be deemed to be Allowed (as that term is defined
in the Plan) in the amount requested.
10. Any request for payment of an Administrative Claim must be (i) filed
with the Court through the Debtors' claims agent at MSCP Holdings, Inc. c/o The
Altman Group, Inc., 60 East 42nd Street, Suite 405, New York, New York 10165;
and (ii) served upon the Trustee: Walker Truesdell Radick & Assoc., 380
Lexington Avenue, Suite 1514, New York, NY 10168, Attn: Hobart Truesdell, so
that such request is actually received on or before 4:00 p.m., Prevailing
Eastern Time, on June 2, 2003. A request for payment of an Administrative Claim
must include, at a minimum, the name, address and phone number of the holder of
the Claim, the date on which the Claim arose, a detailed explanation of the
basis of the Claim, and all pertinent documents.
(C) PROFESSIONAL FEE AND SUBSTANTIAL CONTRIBUTION CLAIM BAR DATE AND
OBJECTIONS THERETO:
11. Pursuant to Section 2.2 of the Plan and paragraph 20 of the
Confirmation Order, any person or entity seeking an award of an Allowed
Administrative Claim on account of Professional Fees or services rendered or
reimbursement of expenses incurred through and including the Effective Date
under sections 327, 328, 330, 331, 503(b) and 1103 of the Bankruptcy Code must
file a final application for allowance of compensation for services rendered and
reimbursement of expenses incurred through the Effective Date with the Court on
or before 4:00 p.m., Prevailing Eastern Time, on June 2, 2003. The deadline for
objections to final applications for payment of Professional Fees and
reimbursement of expenses is 4:00 p.m., Prevailing Eastern Time, on July 2,
2003. Final fee applications should be filed and served in accordance with the
local rules and orders of the Court and should be sent to all persons listed in
paragraph 7 above.
CONSEQUENCES OF FAILURE TO FILE
12. ANY PERSON OR ENTITY WHO FAILS TO FILE AND SERVE (I) A PROOF OF CLAIM
FOR ANY REJECTION DAMAGE CLAIM, (II) A REQUEST FOR PAYMENT OF AN ADMINISTRATIVE
CLAIM, OR (III) A FINAL FEE APPLICATION, AS SET FORTH HEREIN, WILL BE FOREVER
BARRED, ESTOPPED, AND ENJOINED FROM ASSERTING ANY SUCH CLAIM AGAINST THE DEBTORS
AND THE TRUST. THE DEBTORS AND THE TRUST AND THEIR PROPERTY, WILL BE FOREVER
DISCHARGED FROM ANY AND ALL INDEBTEDNESS OR LIABILITY WITH RESPECT TO ANY SUCH
CLAIM, AND THE HOLDER OF SUCH CLAIM SHALL NOT PARTICIPATE IN ANY DISTRIBUTION IN
THESE CHAPTER 11 CASES ON ACCOUNT OF SUCH CLAIM, OR RECEIVE FURTHER NOTICES
REGARDING SUCH CLAIM.
13. If you need a proof of claim form, administrative claim request form,
or have any questions about the filing and service instructions included herein,
please contact The Altman Group, Inc. at (212) 681-9600. YOU SHOULD CONSULT YOUR
ATTORNEY REGARDING ANY OTHER INQUIRIES, SUCH AS WHETHER YOU SHOULD FILE A PROOF
OF CLAIM, REQUEST FOR PAYMENT OF AN ADMINISTRATIVE CLAIM, FINAL FEE APPLICATION,
OR OBJECTION. DO NOT ATTEMPT TO CONTACT THE COURT FOR ADVICE.
Dated: April 3, 2003
Wilmington, Delaware
GIBSON, DUNN & CRUTCHER LLP
200 Park Avenue
New York, New York 10166-0193
and
THE BAYARD FIRM
222 Delaware Avenue
Suite 900, P. O. Box 25130
Wilmington, Delaware 19899
Co-Counsel to the Debtors