Bankruptcy No. BK-S-00-10533-LBR, BK-S-00-10534-LBR, BK-S-00-10535-LBR, BK-S-00-10536-LBR, BK-S-00-10537-LBRUnited States Bankruptcy Court, D. Nevada
May 5, 2000
William P. Weintraub, Esq., David M. Bertenthal, Esq., Malhar S. Pagay, Esq., Pachulski, Stang, Ziehl, Young Jones P.C., San Francisco, California, and James Patrick Shea, Esq., Candace Carlyon, Esq., Shea
Carlyon, Ltd., Las Vegas, NV, Attorneys for AgriBioTech, Inc., a Nevada corporation, Debtor and Debtors in Possession
Barry Jenkins, Office of the United States Trustee
ORDER GRANTING RENEWED MOTION TO APPROVE NOTICE AND SERVICE PROCEDURES RE: EQUITY SECURITY HOLDERS
LINDA RIEGLE, United States Bankruptcy Judge
On May 3, 2000, at 1:30 p.m., the Court conducted a hearing on the Renewed Motion of AgriBioTech, Inc., a Nevada corporation (“ABT”), to Approve Notice and Service Procedures Re: Equity Security Holders (“Motion”).[1] David M. Bertenthal, Esq, of Pachulski, Stang, Ziehl, Young Jones P.C., appeared on behalf of ABT. Other appearances were as noted in the record. Based upon the arguments made in the Motion, the pleadings and documents on file in this case and the arguments and representations of counsel at or prior to the hearing, and it appearing that notice has been proper under the circumstances and the nature of the relief requested, and that no other notice need be given, and sufficient cause appearing therefor,
IT IS HEREBY ORDERED that:
1. The Motion is granted in its entirety;
2. The following Beneficial Owner Notice Procedures are approved:
a. ABT will have obtained from Corporate Stock Transfer, Inc., a list of the Institutional Nominees and Clearinghouses that are holding issued and outstanding ABT shares as of the Petition Date;
b. With respect to each notice or pleading to be served on all equity security holders, ABT’s counsel shall deliver to each of the Clearinghouses, Institutional Nominees or their proxy intermediaries, by messenger or overnight courier, a copy of the papers to be served for distribution to the Beneficial Owners together with a request to promptly mail such papers thereto, so that such papers are received by the Clearinghouses, Institutional Nominees or their proxy intermediaries at least three (3) calendar days prior to the deadline for such notice or service. In cases of motions to be heard on shortened time or on an emergency basis for which notice to all shareholders is required, ABT will seek an order modifying these procedures with respect to notice and service to Beneficial Owners; and
c. ABT’ s counsel shall execute a declaration of service that attests that the papers to be served were distributed to the Clearinghouses and Institutional Nominees in accordance with the procedures set forth above.
3. ABT shall serve a copy of this Order on the Clearinghouses, Institutional Nominees and ADP;
4. Notice and Service in accordance with the Beneficial Owner Notice Procedures shall be deemed to be appropriate and sufficient under the circumstances; and
5. The Clearinghouses and Institutional Nominees are required to serve papers received in accordance with the Beneficial Owner Notice Procedures on all Beneficial Owners on whose behalf record ownership of ABT’s shares is maintained.