Free Statement - District Court of Arizona - Arizona

l ORDERED. I
DD I
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I Jef‘frelyEM. Pro er (#00309% Dated: December 01, 2004 4
JEFF YM. PROPER, P. .L.C.
2 3550 N. Central Avenue
Suite 1200 ,. I.
3 Phoenix, AZ 85012 5 Z Ei F
]g602) 235-9555 ~—— I
4 ax (602) 235.9223 En.EEN w. HOL|.0wEu.
E-mail: |Cff§@]`gT0pCT.COm U.S. Bankruptcy Judge
5
6 Attorney for Debtor
7 IN THE UNITED STATES BANKRUPTCY C
8 IN AND FOR THE DISTRICT OF ARIZ ·
9
10 In re: if
C o.: IY 1187- — WH
11 TECHNOLOGY SYSTEMS 7 _ · ' gh \ { DEBTOR S
I .` • • I • , !
12 INTERNATIONAL, INC., ,_• { ENDE AN OF
Moog} ! ` A M1 AS
B Debtor.
I4 ‘
15 This matter comes before the M on the tion of the Debtor’s Thir
16 Amended Plan of Reorganization as M • in ("the Pl attached as Exhibit "A". Th
17 only objections to the Plan w lmolqgics, {H6 (··EMg·*) and Alam;
18 Technologies, Inc. ("Alanco w jections have been resolved by the filing of th
19 Third Amended Plan as Modified, ma . · I a d evidence presented to the Court and th
20 entire administrative til · - here -4 finds as follows:
21 A. The Plan co 1 · · applicable provisions of 11 U.S.C. Section 101
et seq; V
22 B. · roponent • t e Plan has complied with the applicable provisions of
23 .C. Secti 01 et seq;
{ ~ ~· ' · ·· · ···. for confimiation, set forth in 11 U.S.C. Section l129(a)
24 = ·¢» • ‘ •» have been satisfied;
25 ,
IT K · :·' ORDERED ADJUDGED AND DECREED that the Thir
26
tl Amend d * . f ‘ eorganization as Modified, attached as Exhibit "A”, and incorporate
27
= ein by refc : ce, as amended or modified by this Order is confirmed;
28
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Case 2:04-cv-00789-DGC Document 85-3 Filed O2/O2/2006 Pagel 0f4

I IT IS FURTHER ORDERED that the Reorganizcd Debtor shall sequester 0
2 liquidate one million tive hundred thousand (1,500,000) shares of Alanco stock on behal
3 of Alanco, Oester and Kauffman for the sole purpose of paying ongoing litigatio
4 expenses of the Alanco Litigation (as defined in Debtor's Third Amended Plan a
5 Modified), including, but not limited to, attomeys' fees, expert fees, costs and relate
6 expenses. Debtor shall reserve or liquidate an additional five hundred thousand shares 0
7 Alanco stock to pay Debtor's attorneys fees, costs and related litigation expenses incurre (
8 by virtue of the Alanco Litigation.
9 IT IS FURTHER ORDERED that immediately upon · entry of is Orde
10 Confirming the Debtor’s Third Amended Plan as Modified, that · · organize ebto
ll may begin an orderly and organized sale of the Alan on 0 e ` order t
l2 effectuate the terms of this Plan;
13 IT IS FURTHER ORDERED that the D ay id Alan Common Stoc
14 regardless of any restrictive legends which m • · notated, im or stamped on suc
15 certificates, and the stock transfer agent ¤ Ala omputer are Trust Company, 0
16 such other stock transfer agent as may loyed b · he · = may remove the restrictiv
l7 legend from all Alanco share certificates. = = co shall se its reasonable efforts in th
18 removal of said restrictive le ose shares "free trading," provided
19 however, Alanco shall not be requi - • o incur any costs.
20 IT IS FURTH ,’ ORDERED Debtor may only sell its Alanco Commo
21 Stock on any trading da r = · · · . • t · E IS equal to or less than the greater of
22 (i) ten perce erage daily volume for Alanco Common Stoc
23 for the prev'- `· enty (20) · r ding days, or
24 ' @ • r rcent (l0° f` the actual trade volume for Alanco Common Stock o
25 the · ay the • · de such shares.
26 k` ·· iths ·· · v; the foregoing, the volume limitations may be waived in writin
27 | by Ala .
28 ’
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Case 2:04-cv-00789-DGC Document 85-3 Filed O2/O2/2006 Page 2 of 4

l IT IS FURTHER ORDERED that the deadline for tiling Proofs of Claim i
2 established as (thirty) 30 days following the entry of the Order Confirming the Plan;
3 IT IS FURTHER ORDERED that objections to the Proofs of Claim will be file
4 not later than (sixty) 60 days following the deadline for tiling Proofs of Claim.
5 IT IS FURTHER ORDERED that all pending motions are withdrawn.
6 IT IS FURTHER ORDERED upon stipulation of the parties, that all claims an
7 remedies regarding rescission of Alancds purchase of substantiall a of · assets o
8 Debtor now pending in Alanco Litigation are waived.
9 ,
10 DATED this day of November, 2004.
11
A x
12 u ga o I W 0
13
APPROVED AS TO FORM AND SUBST · * E:
14 I
15 I I
rilxningld
16 e ' e ' . ‘
A mey for S tor
17 ~
18
19 . ' xc ae agge `
Attomey for A auco Technologies
20
M { N
22 C { a or 1115 •.
3 Attomeyyfor EMS Tech es 7
2
24 \'
25
26 1*
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mxoocs an sam ’3"
Case 2:04-cv-00789-DGC Document 85-3 Filed O2/O2/2006 Page 3 of 4

1 IT IS FURTHER ORDERED that the deadline for filing Proofs of Claim i
2 established as (thirty) 30 days following the enny of the Order Confirming the Plan;
3 IT IS FURTHER ORDERED that objections to the Proofs of Claim will be tile
4 not later than (sixty) 60 days following the deadline for filing Proofs of Claim.
5 IT IS FURTHER ORDERED that all pending motions are withdrawn.
6 IT IS FURTHER ORDERED upon stipulation of the parties, that all claims an
7 remedies regarding rescission of A1anco's purchase of substantiall th ssets o
8 Debtor now pending in Alanco Litigation are waived.
9 · +¢~
0 DATED this 19 day of November, 2004.
1
_ L. ‘
11 >~
]2 u geg •· I urt
13
APPROVED AS TO FORM AND SUBST· ·
14
15
I 6 . V Q *‘ /
zfttog for geit
17
18 I
19 _ ¢ ?’E'¤.2,_:.?;·:
Attorn r · anco Technologies
20
21 ` N
22 ' e ay or V /
3 Attorney for EMS Teclmolor, es
2
24 Q - it
25 · xg _7_.- · I
26
27 ":\CIie¤u\JON ' K\0r6er_c¤ ’· ng_debtor`|_third_|mendcd_pIm_¤f_nor|¤•i¤titn v3.DOC
28 el
PHXDOCS 40l538v3 -3-
Case 2:04-cv-00789-DGC Document 85-3 Filed O2/O2/2006 Page 4 of 4

Case 2:04-cv-00789-DGC

Document 85-3

Filed 02/02/2006

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Case 2:04-cv-00789-DGC

Document 85-3

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Case 2:04-cv-00789-DGC

Document 85-3

Filed 02/02/2006

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Case 2:04-cv-00789-DGC

Document 85-3

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