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A. Classes Entitled To Vote Each Impaired Class of Claims and Interests that will (or may) receive or retain property or any interest in property under the Plan is entitled to vote to accept or reject the Pian. By operation of law,each unimpaired Class of Claims or Interests is deemed to have accepted the Plan and,therefore, is not entitled to vote. Because holders of Claims in Classes that are not entitled to receive or retain any property under the Plan are presumed to have resected the Plan, thev are not entitled to vote. B. Acceptance by Impaired Classes Art Impaired Class of Claims shall have accepted the Plan if(i)the hoiders of at least two-thirds in amount of the Allowed Claims actually voting in the Class have voted to accept the Plan, and(ii) the holders of more than one-half in number of the Allowed Claims actually voting in the Class have voted to accept the Plan, in each case not counting the vote of any holder designated under section 1126(e) of the Bankruptcy Code. C. Elimination of Classes Any Class that does not contain any Allowed Claims or Interests or any Claims or Interests temporarily allowed for voting purposes under Fed. R.Bankr.P. 3018, as of the date of the commencement of the Confirmation Hearing,shall be deemed to have been deleted from this Plan for purposes of(i) voting to accept or reject this Plan and(ii)determining whether it has accepted or rejected this Plan under section 1129(a)(8)of the Bankruptcy Code. D. Cramdown The Debtors hereby request that the Bankruptcy Court confirm the Plan under section 1129(b)of the Bankruptcy Code. ARTICLE IX. CONDITIONS PRECEDENT TO THE PLAN'S CONFIRMATION AND CONSUMMATION A. Conditions to Confirmation The Plan's Confirmation is subject to the satisfaction or due waiver of each of the following conditions precedent: 1. The 363 Order shall have been entered and the Cookie Business Sale shall have been consummated. 2. The proposed Confirmation Order shall be in form and substance reasonably satisfactory to the Debtors and the Creditors'Committee. B. Conditions to Effective Date Effectiveness of the Plan is subject to the satisfaction or due waiver of each of the following conditions precedent: 1. The Bankruptcy Court shall have entered the Confirmation Order,in form and substance reasonably satisfactory to the Debtors and the Creditors'Committee 2. The Confirmation Order shall have become a Final Order. C. Waiver of Conditions The conditions set forth in Sections A and B above,except that set forth in Section A.I with respect to entry of the 363 Order,and except that set forth in Section B.1 with respect to entry of the Confirmation Order,can be waived in whole or in part by the Debtors at any time without an order of the Bankruptcy Court after three Business Days'written notice of such proposed waiver to and obtaining prior written consent of the Creditors'Committee. Unless waived, the failure to satisfy any condition to the Effective Date will preclude the Effective Date's occurrence,regardless of the circumstances giving rise PLAN-23