Second Amendment to Exhibit 1 to First Amended Plan of Reorganization
EX-2.3 4 ex2_3.htm EXHIBIT 2.3 ex2_3.htm
EXHIBIT “1” TO PLAN OF REORGANIZATION
Exhibit 3.3
FORRESTER & WORTH, PLLC
3636 NORTH CENTRAL AVENUE, SUITE 700
PHOENIX, ARIZONA 85012
TELEPHONE ###-###-####
FACSIMILE ###-###-####
S. CARY FORRESTER (006342)
E-MAIL SCF@FORRESTERANDWORTH.COM
ATTORNEYS FOR DEBTOR
UNITED STATES BANKRUPTCY COURT
DISTRICT OF ARIZONA
In re: | Chapter 11 | ||
NUTRACEA, a California corporation, | Case No. 2-09-bk-28817-CGC | ||
Debtor. | NOTICE OF FILING SECOND AMENDMENT TO EXHIBIT 1 TO PLAN | ||
NOTICE IS HEREBY GIVEN that Debtor has filed with the Court the attached amendment to Exhibit 1 to the First Amended Plan of Reorganization Proposed by Debtor and The Unsecured Creditors Committee Dated August 10, 2010. The Exhibit is being amended to, among other things, delete two supply agreements with Herbal Science Singapore Pte. Ltd and the NutraCea Offshore Shareholders Agreement with Bright Food Investment Company Limited, Peak Capital Inc. and NutraCea Offshore. Debtor is serving a copy of this notice on all parties affected by the amendment.
Dated October 18, 2010.
FORRESTER & WORTH, PLLC | |
/s/ SCF 006342 | |
S. Cary Forrester Attorneys for Debtor |
Copy of the foregoing e-mailed or mailed October 18, 2010 to all those on Official Notice Service List #7 and to: | |
BRIGHT FOODS | |
NO. 620 DAMUQIAO ROAD ATTN: LI YUANZHI | |
SHANGHAI, PRC | |
CHINA | |
PEAK CAPITAL, INC. | |
411 TH. FREMD AVE #206, SOUTH BLDG. | |
ATTN: DAVID KING | |
RYE, NY 10580 | |
/s/ Carrie Lawrence | |
Carrie Lawrence |
EXHIBIT “1” TO PLAN OF REORGANIZATION
ASSUMED EXECUTORY CONTRACTS
NAME OF OTHER PARTY TO EXECUTORY CONTRACT OR LEASE | DESCRIPTION OF CONTRACT OR LEASE |
Louisiana Rice Mill, LLC | Supply Agreement |
Farmers’ Rice Milling Company, Inc. | Ground Lease-Lake Charles—already assumed |
Farmers’ Rice Milling Company, Inc. | Warehouse Lease-Lake Charles—already assumed |
Farmers’ Rice Cooperative | Asset Purchase Agreement and Restated and Amended SRB Processing, Sales and Marketing Agreement, as amended |
ADM Rice, Inc. | Arbuckle Supply Agreement |
Sacramento Southport, LLC | Office and Warehouse Lease—already assumed |
W. John Short | Employment Agreement |
Leo Gingras | Employment Agreement |
Bhavesh Patel | Employment Agreement |
Daniel Beckett | Employment Agreement |
David Hutchinson | Employment Agreement |
Kevin Krall | Employment Agreement |
Stratify | Legal Discovery Services Agreement—already assumed |
Pacific Advisers Holding Ltd. Theorem Capital Ho’okipa Capital Partners03DUWQHUV | Grain Enhancements LLC Agreement |
Pacific Advisers Holding Ltd. Theorem Capital Ho’okipa Capital Partners03DUWQHUV | Grain Enhancements LLC License Agreement |
Pacific Advisers Holding Ltd. Theorem Capital Ho’okipa Capital Partners03DUWQHUV | Grain Enhancements LLC Supply Agreement |
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EXHIBIT “1” TO PLAN OF REORGANIZATION
ASSUMED EXECUTORY CONTRACTS
Anthony LeCour | Personal Service Contract |
Henk Hoogenkamp | Consulting Agreement |
Leysam | Distribution Contract |
MedChem, Victus International Pty Ltd | Distribution Contract |
PHD Technologies, LLC | Research contract |
De Lage Landen Financial | Copier Lease |
GE Capital | Copier Lease |
Pacific Office Automation | Copier Lease |
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