Gymboree filed with the U.S. Bankruptcy Court an Amended Joint Chapter 11 Plan of Reorganization, which notes the following: “Class 5 consists of all General Unsecured Claims. Except as otherwise provided in the Plan in full and final satisfaction of each Allowed Class 5 Claim, each Holder thereof shall receive its Pro Rata share of the GUC Distribution in one or more distributions; provided, that (a) Holders of Term Loan Deficiency Claims shall not receive any recovery on account of such Claims, (b) neither the Debtors nor the Reorganized Debtors, as applicable, shall receive any recovery on account of any Unsecured Note Claim, and (c) neither the Consenting Creditors that are party to the Restructuring Support Agreement (either on account of signing the Restructuring Support Agreement or a joinder thereto) nor any of their Affiliates who are bound by the Restructuring Support Agreement shall receive any recovery on account of any Unsecured Note Claim (collectively, the Persons identified in (b) and (c) the ‘Carved Out Noteholders’).”
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