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200403669
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Last modified
10/16/2011 2:50:50 PM
Creation date
10/21/2005 12:39:35 AM
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DEEDS
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200403669
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4' <br />200403669 <br />the extent such Claim is an Allowed Claim, the New Citibank Guaranty, which <br />shall be executed and delivered by Reorganized AMERCO on the Effective Date. <br />50. Modifications to Treatment of Class 4(a) BMO Secured Claim and Class 4(b) BMO <br />Guaranty laim. Section 5.4 of the Plan is deleted in its entirety and modified to read as follows: <br />a. Class 4 shall consist of a separate subclass for the BMO Secured Claim and the BMO <br />Guaranty Claim. The alternative treatments set froth in this Article 5.4 of this Plan, shall <br />be in full satisfaction, settlement, release, and discharge of the BMO Secured Claim and <br />the BMO Guaranty Claim. <br />(a) Class 4(a): BMO Secured Claim (Impaired). <br />(i) Cash — Carey Sale Proceeds. In the event that the Carey Transaction is <br />consummated by the Reorganized Debtors and U -Haul International, Inc. ( "U- Haul ") <br />after the Effective Date but before a final decree is entered in the Debtors' Chapter 11 <br />Cases, the holders of BMO Secured Claim shall receive an amount of Cash from the <br />Carey Sale Proceeds equivalent to the amount of the Allowed BMO Secured Claim then <br />outstanding, excluding therefrom, if applicable, any fine, penalty, interest or cost arising <br />from or related to a default under the BMO Master Lease and the BMO Guaranty, <br />provided that: (A) the Carey Sale Agreement shall have been approved by a Final Order <br />of the Bankruptcy Court on or before a final decree is entered in the Debtors' Chapter I 1 <br />Cases; and (B) the Carey Sale Transaction closes in accordance with the Carey Sale <br />Agreement, including the payment of the Carey Sale Proceeds, on or before the entry of a <br />final decree in the Debtors' Chapter 11 Cases. <br />(ii) Restated BMO Master Lease. Unless and until the Carey Sale <br />Transaction closes before the entry of a final decree in the Debtors' Chapter 11 Cases, <br />Reorganized AREC shall, on the Effective Date of the Plan, execute and deliver the <br />Restated BMO Master Lease to the holders of BMO Secured Claim, the terms of which <br />shall include the following: (i) the Debtors shall pay $18.5 million in Cash on the <br />Effective Date and Reorganized AREC and 0-Haul shall pay an additional $3.5 million <br />in Cash on October 15, 2004 and October 15, 2005, all such payments being applied to <br />principal; (ii) the Restated BMO Master Lease shall bear interest at Libor, plus 375 basis <br />points with a 2% Libor floor; (iii) the Restated BMO Master Lease shall mature 3 years <br />following the Effective Date, provided that Reorganized AMERCO shall have 4 one -year <br />options to extend the maturity date and the cost of the initial option to extend shall be 50 <br />basis points and shall escalate by 50 basis points each year for each successive option; <br />(iv) principal shall amortize over 25 years (non - straight line amortization); (v) a <br />transaction fee of 50 basis points on the outstanding principal amount (reduced by the <br />cash payments described above), shall be payable in Cash on the Effective Date, and, if <br />the outstanding obligations under the Restated BMO Master Lease are not satisfied in full <br />before July 31, 2004, Reorganized AREC and U -Haul shall pay an additional 50 basis <br />points on the then outstanding principal balance as an additional transaction fee; and (vi) <br />on the Effective Date, Reorganized AMERCO will execute and deliver the New <br />AMERCO Guaranty. <br />b. Class 4(b)• BMO Guaranty Claim (Impaired). The holders of BMO Guaranty Claims <br />shall receive in full satisfaction, settlement, release and discharge of the BMO Guaranty <br />270895.5 25 <br />
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