Current Report — Form 8-K
Filing Table of Contents
Document/Exhibit Description Pages Size
1: 8-K National Convenience Stores Inc. Form 8-K 9 44K
2: EX-99.1 Class Action Complaint - Crandon Capital Partners 10 32K
11: EX-99.10 Employment Agreement - V.H. Van Horn 28 117K
12: EX-99.11 Employment Agreement - A.J. Gallerano 25 111K
13: EX-99.12 Second Amend. Employmnt Agreemnt-Arnold Van Zanten 25 112K
14: EX-99.13 Employment Agreement - C. R. Wortham 25 110K
15: EX-99.14 Fourth Amend. Employment Agreement-Brian Fontana 25 113K
16: EX-99.15 Employment Agreement - Douglas B. Binford 25 108K
17: EX-99.16 Employment Agreement - Janice E. Bryant 5 28K
18: EX-99.17 Master Agreement for Atm Facilities 42 145K
19: EX-99.18 Order Providing for Closing Chaper 11 Cases 12 44K
20: EX-99.19 Promissory Note Dated 08/31/95 - V.H. Van Horn 3 17K
3: EX-99.2 Complaint - the Circle K Corporation 7 23K
4: EX-99.3 Complaint - the Circle K Corporation 6 22K
5: EX-99.4 Amended and Restated Ncs Officers' Retirement Plan 12 49K
6: EX-99.5 Amended and Restated Trust 15 48K
7: EX-99.6 Amended Directors' Retirement Plan 8 35K
8: EX-99.7 Amended Directors' Retirement Plan 15 48K
9: EX-99.8 Form of Twenty-Second Amendment to Profit Sharing 1 10K
10: EX-99.9 Form of Director Agreement 8 38K
EX-99.18 — Order Providing for Closing Chaper 11 Cases
EX-99.18 | 1st Page of 12 | TOC | ↑Top | Previous | Next | ↓Bottom | Just 1st |
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EXHIBIT 99.18
CONFORMED ORDER
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
IN RE: )
SCHEPPS FOOD STORES, INC. )
STOP N GO MARKETS )
OF GEORGIA, INC. )
NATIONAL CONVENIENCE )
STORES INCORPORATED )
STOP N GO MARKETS )
OF TEXAS, INC. )
SECOND NCS REALTY COMPANY )
THIRD NCS REALTY COMPANY )
FOURTH NCS REALTY COMPANY )
SIXTH NCS REALTY COMPANY )
SEVENTH NCS REALTY COMPANY ) CASE NOS. 91-49816-H2-11,
NINTH NCS REALTY COMPANY ) 91-49818-H3-11 THROUGH
EIGHTH NCS REALTY COMPANY ) 91-49835-H2-11
TENTH NCS REALTY COMPANY )
ELEVENTH NCS REALTY COMPANY ) JOINTLY ADMINISTERED UNDER
TWELFTH NCS REALTY COMPANY ) CASE NO. 91-49816-H4-11
THIRTEENTH NCS REALTY COMPANY ) (JUDGE GREENDYKE)
KEMPCO PETROLEUM COMPANY )
HOT STOP FOODS, INC. )
TEXAS SUPER DUPER MARKETS, INC. )
JAY'S WASHATERIAS, INC. )
--------------------------------
ORDER PROVIDING FOR CLOSING CHAPTER 11 CASES
At Houston, in said District, came on for consideration the entry of
an Order providing for final claim allowance and distribution procedures and
for closing the Chapter 11 Cases; and the Court, having reviewed this Order*,
and the representations and argument of counsel, is of the opinion that this
Order should be approved and these Cases closed; it is accordingly
ORDERED that, if and to the extent allowed, the proof of claim of
Phoenix Leasing Incorporated ("Phoenix") which was
__________________________________
*Nothing in this order is intended by me to modify the terms of the plan
or the confirmation order which, in the event of conflict with the terms
hereof, shall prevail.
heretofore disallowed is hereafter allowed, such claim is classified as a Class
D-3-C Claim, and Debtors will make distributions to Phoenix pursuant to the
Debtors' Revised Fourth Amended and Restated Joint Plan of Reorganization (the
"Plan"), (The capitalized terms herein shall have the meanings stated in the
Plan.); and it is further
ORDERED that, upon the determination of the amounts of the Proofs of
Claim No. 5036 of Enrique Martinez, individually and as next friend of Prisella
Rangel (sometimes called "Gisela Rangel"), a minor, No. 1449 of Felix and Maria
Rangel, individually and as next friends of Prisella Rangel (sometimes called
"Gisela Rangel"), a minor, and No. 1465 of Felix and Maria Rangel,
individually and as next friends of Prisella Rangel (sometimes called "Gisela
Rangel"), a minor, such claims are classified as Class D-3-C Claims and Debtors
will make distributions under the Plan up to the total deductible amount of
$500,000.00, after such claims are resolved under the Settlement Procedures
provided for in the Order Granting Revised Debtors' Amended Motion to Establish
Procedure for (i) Settlement of Personal Injury and Property Damage Claims and
(ii) Filing Motions to Lift Stay by Such Claimants entered herein on November
6, 1992; and it is further
ORDERED that upon the determination of the amount, if any, of each of
the following claims in the state courts, Debtors
-2-
will make distributions to such claimants of NCS stock as Class D-3-C creditors
pursuant to the Plan:
[Download Table]
Claimant SMK Claim Number
-------- ----------------
Cathie Carbajal 1363
Bakhtiar Faridi 6205
Duong Nguyen 6227;
and it is further
ORDERED that NCS shall make final distribution to the Class D-3-C
Creditors of all the stock to be issued to Class D-3-C without any provision
for issuing stock to the Claimants described in Exhibit "A" attached hereto,
since NCS, as stated in Section 17.3 of the Plan, presumes that such claims
will be paid by AIG insurance company and that Claimants will not make claims
in this case; and it is further
ORDERED that NCS shall make final distribution to the Class D-3-C
Creditors of all the stock to be issued to Class D-3-C without any provision
for issuing stock to the Claimants described in Exhibit "B" attached hereto for
the insured part of the claim, but NCS will make distributions to such
claimants to the extent of the deductible amount of the liquidated claim, since
NCS, as stated in Section 17.3 of the Plan, presumes that such claims, to the
extent each of them exceeds the deductible, shall be paid by Travelers and the
Claimants shall not make claims in this case for the insured part of the
claims; and it is further
-3-
ORDERED that, as the remaining unresolved proofs of claim herein are
resolved, NCS shall cause the remaining stock allocated for Class D-3-C claims
under the Plan to be distributed to the Claimants holding the hereafter allowed
claims, and interim and a final distribution of the stock allocated to Class
D-3-C shall be made as provided in the Plan to the holders of Allowed Claims in
Class D-3-C; and it is further
ORDERED that the captioned Chapter 11 Cases are closed and that from
time to time, as additional matters, such as the protection of the tax loss
carryforwards of NCS as referred to in Section 29.2 of the Plan, may come up
that may require the reopening of one or more of the Debtors' cases and action
by this Court, one or more of the Debtors or other interested parties may ask
the Court to reopen its case, for cause, in order to resolve such matter; and
it is further
ORDERED that the attorneys for the Debtors shall serve by United
States mail a conformed copy of this Order within 24 hours after the signing of
this Order on the claimants and other parties described herein and on the
attached Service List at the addresses on such Service List and that this Order
shall become final and nonappealable as to all parties herein except as to any
party who may file and serve on Debtor's attorneys an objection (motion to
reconsider with cause to be shown) to this Order within ten (10) days from the
date this Order is signed, and as to such objection, this Order shall be set
down for hearing/reconsideration.
-4-
SIGNED this 6th day of September, 1995.
/s/ WILLIAM GREENDYKE
------------------------------
UNITED STATES BANKRUPTCY JUDGE
APPROVED AS TO FORM:
SHEINFELD, MALEY & KAY, P.C.
By: /s/ ROBERT A. DEWITT
--------------------------------
Robert A. DeWitt
Texas Bar No. 05670000
Craig J. Litherland
Texas Bar No. 12415350
Edward L. Ripley
Texas Bar No. 16935950
1001 Fannin, Suite 3700
Houston, Texas 77002
(713) 658-8881
(713) 658-9756 (fax)
ATTORNEYS FOR DEBTORS
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SERVICE LIST
COUNSEL TO THE SOUTHLAND CORPORATION:
Todd S. Barton, Esq.
Carrington, Coleman, Sloman & Blumenthal
200 Crescent Court, Suite 1500
Dallas, Texas 75201
COUNSEL FOR THE AIG COMPANIES:
Peter S. Gold, Esq.
Zalkin, Rodin & Goodman
750 Third Avenue
New York, NY 10017
TEXAS COUNSEL FOR THE AIG COMPANIES:
Don F. Russell, Esq.
Hays, McConn, Rice & Pickering
1200 Smith Street, Suite 400
Houston, Texas 77002
COUNSEL FOR THE TRAVELERS INSURANCE COMPANY:
Harold S. Horwich, Esq.
Hebb & Gitlin, a Professional Corporation
One State Street
Hartford, CT 06103-3178
TEXAS COUNSEL FOR THE TRAVELERS INSURANCE COMPANY:
Matthew Hoffman, Esq.
Hoffman & Schrader, a Professional Corporation
4600 First City Tower
1001 Fannin
Houston, Texas 77002
AIG CLAIMANTS:
Kelly Blaylock
c/o Thomas J. Leibowitz, Esq.
Leibowitz & Leibowitz, L.L.P.
10555 Northwest Freeway, Suite 216
Houston, Texas 77092
Robert Brooks
c/o George LeGrand
Flowers, Davis & LeGrand
2511 North St. Mary's Place
San Antonio, Texas 78212
Robert Brooks
c/o Robert P. Wilson
6655 First Park Ten
Suite 250
San Antonio, Texas 78213
Gustavo and Rosa Davilla
c/o Daniel Rutherford, Esq.
Law Office of Daniel Rutherford
825 S. St. Mary's Street
San Antonio, Texas 78205-3408
Ginger Annette Martin
c/o O. Glenn Weaver, Esq.
O. Glenn Weaver and Associates
5525 N. MacArthur Blvd.
Irving, Texas 75038
Ginger Annette Martin
c/o Chris Payne, Esq.
Law Office of Frank L. Branson
18th Floor, Highland Park Place
4514 Cole Avenue
Dallas, Texas 75205-4168
Robbie Jan McClurkan
c/o O. Glenn Weaver, Esq.
O. Glenn Weaver and Associates
5525 N. MacArthur Blvd.
Suite 510
Irving, Texas 75038
Robbie Jan McClurkan
c/o Chris Payne, Esq.
Law Office of Frank L. Branson
18th Floor, Highland Park Place
4514 Cole Avenue
Dallas, Texas 75205-4168
Patrick Miller
c/o William E. Ryan, Esq.
5311 Kirby Drive, Suite 210
Houston, Texas 77005-1348
Michael Perry
13431 Casstillian
Houston, Texas 77015
Michael Perry
c/o Michael P. Morris, Esq.
Tekell, Book, Matthews & Limmer, L.L.P.
3600 Two Houston Center
909 Fannin Street
Houston, Texas 77010
Luis Rafael Ramos
c/o Thomas J. Leibowitz, Esq.
Leibowitz & Leibowitz, L.L.P.
10555 Northwest Freeway, Suite 216
Houston, Texas 77092
TRAVELERS CLAIMANTS:
Raul Victor Alvarado
c/o Christa Samaniego
Law Offices of Christa Samaniego
103 Ashby
San Antonio, Texas 78212
Loren Chapman
c/o James P. Thompson, Esq.
10909 Sabo Rd., S. 228
Houston, Texas 77089
Loren Chapmen
c/o John C. Allen, Esq.
1225 Two Houston Center
Houston, Texas 77010
Shawn Michael Donahue
c/o John Q. Adams, Esq.
200 E. Katella Avenue
Orange, CA 92667
Shawn Michael Donahue
c/o Barbara Rogers, Esq.
13430 N.W Expressway, Suite 205
Houston, Texas 77040
Shawn Michael Donahue
c/o Stephen D. Statham, Esq.
Thomas Clark & Associates
2323 S. Shepherd, #1004
Houston, Texas 77019
Enrique Martinez
c/o Lennon C. Wright, Esq.
Hugh J. Howerton, Esq.
Law Offices of Lennon C. Wright
1150 Two Houston Center
Houston, Texas 77010
Felix and Maria Rangel
c/o Thomas K. Brown, Esq.
James Huguenard, Esq.
Fisher, Gallagher & Lewis, L.L.P.
1000 Louisiana
70th Floor, First Interstate Bank Plaza
Houston, Texas 77002
Felix and Maria Rangel
c/o Joseph M. Van Nest
Ross, Banks, May, Cron & Cavin, L.L.P.
2 Riverway, Suite 700
Houston, Texas 77056
Vera Sanford
c/o Gregory W. Canfield, Esq.
111 Soledad, Suite 850
San Antonio, Texas 78205
Mike Wilson
c/o Robert B. Scapa, Esq.
Law Offices of Scapa & Brown
16000 Ventura Blvd., Suite 1200
Encino, CA 91436
OTHER CLAIMANTS NAMED IN MOTION:
Phoenix Leasing Incorporated
c/o Larry M. Lesh, Esq.
Mark H. Ralston, Esq.
Locke Purnell Rain Harrell
2200 Ross Avenue, Suite 2200
Houston, Texas 75201-6776
Phoenix Leasing Incorporated
c/o Robert B. Kaplan
Karen E. Kerner
Frandzel & Share, a Law Corporation
100 Pine Street, 26th Floor
San Francisco, CA 94111-5212
Cathie Carbajal
c/o J. Vince Hightower
314 E. Commerce, Suite 600
San Antonio, Texas 78205
Cathie Carbajal
c/o Scott Radke
411 South Presa
San Antonio, Texas 78205
Bakhtiar Faridi
c/o Spero Klonis
7322 SW Freeway, Suite 1100
Houston, Texas 77074
Duong Nguyen
c/o Alexander B. Klein, III
Stephens & Stephens, L.L.P.
520 Post Oak Blvd, Suite 600
Houston, Texas 77027
EXHIBIT "A"
Proofs of Claim Covered by AIG Insurance
[Download Table]
SM&K Claim No. Claimant
-------------- --------
6354 Blaylock, Kelly
0180 Brooks, Robert
0324 Davilla, Gustavo & Rosa
0766 Martin, Ginger Annette
0780 McClurkan, Robbie Jan
0810 Miller, Patrick
5954 Perry, Michael
6355 Ramos, Luis
EXHIBIT "B"
Proofs of Claim Covered by Travelers Insurance
[Download Table]
SM&K Claim No. Claimant
-------------- --------
0038 Alvarado, Raul Victor
6318 Chapman, Loren
6295 Donahue, Shawn Michael
5036 Martinez, Enrique, individually and
as next friend of Prisella Rangel
(sometimes called "Gisela Rangel"),
a minor
1449 Rangel, Felix & Maria, individually
(May be duplicative and as next friends of Gisela Rangel
of SM&K Claim No. (sometimes called "Prisella Rangel"),
1465) a minor
1465 Rangel, Felix & Maria, individually
and as next friends of Gisela Rangel
(sometimes called "Prisella Rangel"),
a minor
6270 Sanford, Vera
1343 Wilson, Mike
Dates Referenced Herein and Documents Incorporated by Reference
| Referenced-On Page |
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This ‘8-K’ Filing | | Date | | First | | Last | | | Other Filings |
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| | |
| | 9/18/95 | | | | | | | 10-K/A |
Filed on: | | 9/15/95 |
For Period End: | | 8/18/95 |
| | 11/6/92 | | 2 |
| List all Filings |
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