Vote on the plans by December 16, 2024
The following statement is issued by Kroll Restructuring Administration LLC regarding the bankruptcy proceedings of Imerys Talc and Cyprus Mines.
If you have a claim for personal injury caused by talc, are your rights affected by an upcoming vote on the reorganization plans (“Plans”) as part of the bankruptcy proceedings of Imerys Talc America, Inc. affected, Imerys Talc Vermont, Inc.and Imerys Talc Canada Inc.and possibly Imerys Talc Italy S.p.A (the “Imerys Debtors”) and Cyprus Mines Corporation (the “Cyprus Debtors”). Capitalized terms not defined herein have the meanings given to them in the schedules provided below IandCtalc.com are available.
The Imerys debtors and the Cypriot debtor have disclosure statements (available at IandCtalc.com) that contains information to help you decide how to vote on the plans. Both disclosure statements propose to establish a single combined trust fund into which all current and future talc personal injury claims will flow and be settled in accordance with the trust fund’s distribution procedures. If you have filed a talc personal injury lawsuit, your legal rights will be affected if the plans are approved.
The Imerys Tort Claimants’ Committee, the Cyprus Tort Claimants’ Committee and the representatives of the future talc claimants for each of the Imerys Debtors and the Cyprus Debtor support the plans. All persons with claims and equity interests in all other classes will be deemed to accept the plans because they are not affected by or support the plans.
If you have a talc powder personal injury lawsuityou or your attorney are entitled to receive a ballot to vote on one or both plans. Your ballot must be submitted to Kroll Restructuring Administration LLC no later than December 16, 2024 at 4:00 p.m. Eastern Time enter. If you are unsure whether your attorney can vote on your behalf, please ask your attorney.
If you have a talc personal injury claim against the Imerys Debtors and/or the Cyprus Debtor, you will be deemed to have agreed to the “Claimholder Indemnifications” set out in Article XII of the Imerys Plan and/or the Cyprus Plan, if one the following points apply:
1. You agree to accept the applicable plan,
2. You vote against the applicable plan and do not waive the releases in that plan, or
3. You have the right to vote on a Plan, but you do not vote or waive the releases in that Plan (subject to certain limitations described in the Plans).
Please read the plans and other plan documents carefully to understand how the plans will affect your rights if approved.
You have the right to object to one or both of the plans. The deadline for submitting an objection is: March 26, 2025 at 4:00 p.m. Eastern Time. In order to lodge an objection, certain requirements must be met, which are set out in the voting regulations. Objections received after the deadline cannot be considered by the bankruptcy court and will be deemed rejected without further notice.
This is just a summary. For further information, including obtaining disclosure statements and inspection schedules, obtaining voting request packages, and other documents, please contact Kroll Restructuring Administration LLC:
WRITE:
Imerys Ballot Processing Center
c/o Kroll Restructuring Administration, LLC
850 Third Avenue, Suite 412
Brooklyn, New York 11232
Cyprus Ballot Processing Center
c/o Kroll Restructuring Administration, LLC
850 Third Avenue, Suite 412
Brooklyn, New York 11232
CALL: (844) 514-9092 (US/Canada, toll-free), +1 (646) 777-2352 (international, toll-free)
VISIT: www.IandCtalc.com
EMAIL: IandCtalcInfo@ra.kroll.com