" amended, restated, supplemented or otherwise modified from time
to time, the “Plan”). Capitalized terms used but not otherwise defined
in this Current Report on Form 8-K have the meanings
given to them in the Plan or RSA, as applicable. The Plan contemplates,
among other things, that on the effective date of the Plan (the
“Effective Date”), all issued and outstanding securities in the Company,
and all rights to receive any securities in the Company,
will be cancelled and all classes of stock in the Company will be
eliminated with the exception of such preferred stock, common stock,
and warrants in Reorganized Novation being issued under the Plan to
holders of 2017 Notes and the Plan Sponsors."
"The Company expects, based on the agreed upon terms in the RSA, that its stockholders will experience a complete loss on their
investment."