Trenwick America Corporation
Exhibit 99.5
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: ) CHAPTER 11
)
TRENWICK AMERICA )
CORPORATION, ) Case No. 03-12635 (MFW)
)
Debtor. )
)
________________________________________)
NOTICE OF OCCURRENCE OF EFFECTIVE DATE AND DEADLINE FOR THE
FILING OF CLAIMS FOR ADMINISTRATIVE EXPENSES
PLEASE TAKE NOTICE that, commencing on August 20, 2003 (the
"Petition Date"), Trenwick America Corporation (the "Debtor") 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 FURTHER NOTICE that, pursuant to an order of the Court,
dated October 27, 2004 (the "Confirmation Order"), the Court confirmed the
Second Amended Plan of Reorganization, dated October 26, 2004 (the "Plan").
Capitalized terms used, but not defined, in this notice shall have the meanings
given to them in the Plan.
PLEASE TAKE FURTHER NOTICE that, the Effective Date occurred on
August 15, 2005 (the "Effective Date").
PLEASE TAKE FURTHER NOTICE that, in accordance with Sections 4.01
and 11.04 of the Plan and Paragraph 70 of the Confirmation Order, except as
provided in Section 11.04(b) of the Plan for Administrative Claims of
Professionals requesting compensation or reimbursement of expenses and in
Section 4.01 for liabilities incurred by the Debtor in the ordinary course of
its business, requests for payment of Administrative Claims must be filed with
the Bankruptcy Court by no later than 5:00 p.m. (Eastern Time) on September 29,
2005. An "Administrative Claim" is defined in the Plan as any right to payment
constituting a cost or expense of administration of the Debtor's Chapter 11 Case
of a kind specified under section 503(b) of the Bankruptcy Code and entitled to
priority under sections 507(a)(1) and 507(b) of the Bankruptcy Code, including,
without limitation, any actual and necessary costs and expenses of preserving
the Estate, any actual and necessary costs and expenses of operating the
Debtor's business, any indebtedness or obligations incurred or assumed by the
Debtor in connection with the conduct of its business, including, without
limitation, for the acquisition or lease of property or an interest in property
or the rendering of services, all compensation and reimbursement of expenses to
the extent awarded by the Bankruptcy Court under sections 330, 331 or 503 of the
Bankruptcy Code, and any fees or charges assessed against the Estate under
section 1930 of chapter 123 of title 28 of the United States Code.
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PLEASE TAKE FURTHER NOTICE that, in accordance with Sections 4.01
and 11.04 of the Plan and Paragraph 71 of the Confirmation Order, all
Professionals or other entities requesting compensation or reimbursement of
expenses pursuant to sections 327, 328, 330, 331, 503(b) and 1103 of the
Bankruptcy Code for services rendered before the Effective Date (including
compensation requested by any Professional or other entity for making a
substantial contribution in the Chapter 11 Case) ("Professionals' Fees") shall
file an application with the Bankruptcy Court for final allowance of
compensation and reimbursement of expenses by no later than 5:00 p.m. (Eastern
Time) on September 29, 2005.
PLEASE TAKE FURTHER NOTICE that, in accordance with Sections 4.01
and 11.04(c) of the Plan, holders of Administrative Claims based on liabilities
incurred by the Debtor in the ordinary course of business shall not be required
to file any request for payment of such Claims. Such Administrative Claims shall
be assumed and paid by the Debtor or Trenwick America LLC pursuant to the terms
and conditions of the particular transaction giving rise to such Administrative
Claim, without any further action by the holders of such Claims or the
Bankruptcy Court.
PLEASE TAKE FURTHER NOTICE that, each request for payment of an
Administrative Claim or Professionals' Fees (which request shall specify all
relevant details and be accompanied by all relevant documentation in support of
such request) must be filed with the Bankruptcy Court and served by delivering
one original of such form so that it is received on or before 5:00 p.m. (Eastern
Time) on September 29, 2005 by the following: (1) Weil, Gotshal & Manges LLP,
767 Fifth Avenue, New York, New York 10153, Attention: Martin J. Bienenstock,
Esq., (2) Weil, Gotshal & Manges LLP, 200 Crescent Court, Suite 300, Dallas,
Texas 75201, Attention: Martin A. Sosland, Esq. and Stephen A. Youngman, Esq.;
(3) The Bayard Firm, 222 Delaware Avenue, Suite 900, Wilmington, Delaware 19801,
Attention: Neil B. Glassman, Esq. and Charlene D. Davis, Esq.; and (4) The
Office of the United States Trustee, 844 King Street, Room 2207, Lockbox #35,
Wilmington, Delaware 19899-0035, Attention: Joseph McMahon, Jr.
PLEASE TAKE FURTHER NOTICE that, in accordance with Sections 4.01
and 11.04 of the Plan and Paragraph 71 of the Confirmation Order, objections to
applications for Professionals' Fees must be filed with the Bankruptcy Court by
no later than 5:00 p.m. (Eastern Time) on November 14, 2005.
PLEASE TAKE FURTHER NOTICE that, any holder of an Administrative
Claim who is required to file a request for payment of such claim or any
Professional or other entity who is required to file a request for payment of
Professionals' Fees and fails to do so on or before 5:00 p.m. (Eastern Time) on
September 29, 2005, on account of any Administrative Claim or claim for
Professionals' Fees that such person holds or wishes to assert against the
Debtor, such holder of an Administrative Claim or claim for Professionals' Fees
shall be forever barred, estopped and enjoined from asserting such
Administrative Claim or claim for Professionals' Fees (or filing a request for
payment or proof of claim with respect thereto), and the Debtor, Trenwick
America LLC and their property shall be forever discharged from any and all
indebtedness or liability with respect to such Administrative Claim or claim for
Professionals' Fees, and such holder shall not be entitled to receive any
distribution in the Chapter 11 Case on account of such Administrative Claim or
claim for Professionals' Fees.
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Trenwick America Corporation
Exhibit 99.5
PLEASE TAKE FURTHER NOTICE that, if your claim arose prior to the
Petition Date, such claim is not an Administrative Claim and therefore you
should not file a request for payment of such claim in connection with the
Administrative Expense Bar Date.
PLEASE TAKE FURTHER NOTICE that, in conjunction with the Effective
Date, Trenwick America LLC and/or the Trenwick America Litigation Trust, as
appropriate, will make distributions on Allowed Secured Claims, Allowed Priority
Claims, the Allowed LoC Bank Group Claim, the Allowed Senior Notes Claim, the
Allowed InsCorp Claim, the Allowed CI Notes Claim, Allowed General Unsecured
Claims, Allowed Convenience Claims, the Allowed Trust Preferred Claim and
Allowed Intercompany Claims as soon as reasonably practicable.
PLEASE TAKE FURTHER NOTICE that, in accordance with Sections 4.04,
5.04, 5.05 and 5.09 of the Plan, the Indenture Trustees shall retain all
charging liens on distributions under the Plan until receipt of payment in Cash
of the Indenture Trustees' fees and expenses, including the fees and
disbursements of counsel as determined pursuant to the procedures outlined in
Section 4.04 of the Plan with regard to the determination of the reasonableness
of the amount of such fees and expenses. Notwithstanding the foregoing, to the
extent any Indenture Trustee provides services related to distributions pursuant
to the Plan, each Indenture Trustee shall be entitled to receive from Trenwick
America LLC, without further Court approval, reasonable compensation for such
services and reimbursement of reasonable expenses incurred in connection with
such services, with such payment made on terms as agreed to between such
Indenture Trustee and Trenwick America LLC; provided, however, that if a dispute
arises with respect to such compensation and expenses, such dispute will be
resolved by the Bankruptcy Court.
PLEASE TAKE FURTHER NOTICE THAT, THE RECORD DATE FOR DETERMINING THE
HOLDERS OF ALLOWED CLAIMS ENTITLED TO RECEIVE DISTRIBUTIONS UNDER THE PLAN WILL
BE AUGUST 15, 2005. Any claim transfer that is not docketed by the Court on or
before August 15, 2005 will not be recognized for purposes of making
distributions under the Plan.
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Trenwick America Corporation
Exhibit 99.5
Dated: August 22, 2005
THE BAYARD FIRM
By:_____________________________________
Neil B. Glassman (No. 2087)
Charlene D. Davis (No. 2336)
222 Delaware Avenue, Suite 900
Wilmington, DE 19801
Telephone: (302) 655-5000
Facsimile: (302) 658-6395
- and -
Martin J. Bienenstock, Esquire
WEIL, GOTSHAL & MANGES LLP
767 Fifth Avenue
New York, NY 10153
Telephone: (212) 310-8000
- and -
Martin A. Sosland, Esquire
Stephen A. Youngman, Esquire
WEIL, GOTSHAL & MANGES LLP
200 Crescent Court, Suite 300
Dallas, TX 75201
Telephone: (214) 746-7700
Attorneys for Trenwick America LLC,
as successor to the Plan Proponents
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