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 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

 
Page 1 of 2

 
 
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
 
 
Page 2 of 2