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or contingent,foreseen or unforeseen,matured or unmatured, existing or hereafter arising, in law, equity,
<br /> or otherwise,based in whole or in part upon any act or omission,transaction,or occurrence taking place
<br /> on or prior to the Effective Date in any way relating to the Debtors,the Estates,the conduct of the
<br /> Debtors' businesses,the Chapter 11 Cases,this Plan or the Reorganized Debtors with respect to each of
<br /> the Released Parties; rop vided,however,that nothing contained in the Plan is intended to operate as a
<br /> release of any potential claims by the Debtors and their Estates against parties who have executed Tolling
<br /> Agreements with the Debtors during the Chapter 11 Cases,but only with respect to Claims covered by
<br /> such Tolling Agreements and only to the extent that such Tolling Agreements continue to be in full force
<br /> and effect and the tolling periods contemplated thereby have not expired as of the Effective Date.
<br /> Notwithstanding anything to the contrary contained in the Plan,nothing in this Plan shall be deemed to
<br /> release any of the Debtors,Equity Investors,the Term Loan Facility Commitment Parties or any of their
<br /> Affiliates from their obligations under the Plan,the New Credit Facilities,the Investment Agreement,the
<br /> Commitment Letter,the New Third Lien Term Loan Credit Facility,the Trust Stock Appreciation Rights
<br /> or the New Convertible Secured Note Indenture and the transactions contemplated thereby.
<br /> PLEASE TAKE FURTHER NOTICE that the Court has signed an Order dated October 30,2008
<br /> (the "Solicitation Procedures Order"), approving the Disclosure Statement within the meaning of section
<br /> 1125 of the Bankruptcy Code for use in soliciting acceptances or rejections of the Plan(the Plan is
<br /> attached as Appendix A to the Disclosure Statement)and providing,among other things,that:
<br /> 1. Confirmation of Plan. A hearing to consider confirmation of the Plan(the "Confirmation
<br /> Hearing")will be held at 9:00 a.m. (Central time)commencing on December 5,2008 before the
<br /> Honorable Jerry W. Venters in the Charles Evans Whittaker Courthouse,400 E. 9th Street,Kansas City,
<br /> MO, 64106, Courtroom 6A. The Confirmation Hearing may be continued from time to time by
<br /> announcing such continuance in open court and the Plan may be further modified,if necessary,pursuant
<br /> to 11 U.S.C. § 1127,prior to,during,or as a result of the Confirmation Hearing,without further notice to
<br /> parties in interest.
<br /> 2. Objections to Confirmation. Any party in interest objecting to the Plan shall file
<br /> objections("Confirmation Objections")to the confirmation of the Plan no later than 12:00 p.m. (Central
<br /> time)on December 1,2008(the "Confirmation Objection Deadline"). Any Confirmation Objection must:
<br /> (a)be in writing; (b)comply with the Bankruptcy Rules and the Local Rules; (c) set forth the name and
<br /> address of the objector,and the nature and amount of any claim or interest asserted by the objector against
<br /> or in the Debtors,their estates or their property; (d)state with particularity the grounds for the objection
<br /> and the legal and factual bases therefor;(e)reference with specificity the provisions of the Plan to which
<br /> objection is made,including proposed language to be added to the Plan or existing language in the Plan to
<br /> be modified or deleted to resolve such objection; (f)be filed,together with proof of service,either(1)
<br /> electronically via the Bankruptcy Court's website,hqp://www.mow.uscourts.gov in accordance with the
<br /> electronic filing procedures approved by the Bankruptcy Court,or(2)by hand with the Bankruptcy Court
<br /> at Office of the Clerk of the Court,United States Bankruptcy Court,400 E.Ninth Street,Kansas City,
<br /> MO 64106; and(g)be served by personal service,overnight delivery,or first-class mail, so as to be
<br /> RECEIVED no later than 12:00 p.m. (Central time)on December 1,2008 by the following parties: (i)
<br /> counsel for the Debtors, Skadden,Arps, Slate,Meagher&Flom LLP, 333 West Wacker Drive,Chicago,
<br /> IL 60606,Attn: J.Eric Ivester,Esq. and Skadden Arps Slate Meagher&Flom LLP,Four Times Square,
<br /> New York,NY 10036-6522,Attn: J. Gregory Milmoe,Esq. and Stinson Morrison Hecker LLP, 1201
<br /> Walnut, Suite 2900,Kansas City,MO 64106-2150,Attn:Paul M.Hoffmann,Esq., (ii)the U.S.Trustee,
<br /> Office of the United States Trustee,Charles Evans Whittaker Courthouse,400 E. 9th Street,Room 3440,
<br /> Kansas City,MO 64106,Attn: Sherri L. Wattenbarger,Esq.,(iii)counsel for the Creditors'Committee,
<br /> Lowenstein Sandler PC,65 Livingston Ave.,Roseland,NJ 07068,Attn: Kenneth Rosen,Esq. and
<br /> Shughart Thomson&Kilroy PC, 120 W. 12`h Street,444 W.47th Street,Kansas City,MO 64105,Attn:
<br /> Paul D. Sinclair,Esq., (iv)counsel for the Prepetition Agent, Simpson Thacher&Bartlett LLP,425
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