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IN THE UNITED STATES BANKRUPTCY COURTFOR THE NORTHERN DISTRICT OF ILLINOISEASTERN DIVISION
In re:XECHEM, INC., et al.,Debtors.§§§§§§§Chapter 11Case No. 08-30512 (JBS)(Jointly Administered)
PLAN OF REORGANIZATION FOR THE DEBTORS PROPOSED BYOFFICIAL COMMITTEE OF UNSECURED CREDITORS
Dated: October 21, 2009SONNENSCHEIN NATH & ROSENTHAL LLPRobert E. RichardsMonika J. MachenStefanie L. Wowchuk 233 South Wacker DriveSuite 7800Chicago, IL 60606-6404Telephone: (312) 876-8000Facsimile: (312) 876-7934Counsel to the Official Committee of Unsecured Creditors
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ARTICLE IDEFINITIONS, RULES OF INTERPRETATION,COMPUTATION OF TIME AND GOVERNING LAW
1.1
 
Scope of Definitions; Rules of Construction
. For purposes of this Plan, exceptas expressly provided or unless the context otherwise requires, all capitalized terms not otherwisedefined shall have the meanings ascribed to them in Article I of this Plan. Any term used in thisPlan that is not defined herein, but is defined in the Bankruptcy Code or the Bankruptcy Rules,shall have the meaning ascribed to that term in the Bankruptcy Code or the Bankruptcy Rules.Whenever the context requires, such terms shall include the plural as well as the singularnumber, the masculine gender shall include the feminine, and the feminine gender shall includethe masculine.1.2
 
Definitions
.(a)
 
“
Administrative Claim
” means a Claim for payment of an administrativeexpense of a kind specified in Section 503(b) or 1114(e)(2), if any, of the BankruptcyCode and entitled to priority pursuant to Section 507(a)(1) of the Bankruptcy Code,including, but not limited to, (i) the actual, necessary costs and expenses, incurred afterthe Petition Date, of preserving the applicable Estate, (ii) Professional Fee Claims, (iii) allfees and charges properly assessed against the applicable Estate under 28 U.S.C. § 1930,(iv) claims for a Cure payment pursuant to any executory contract or unexpired leasewhich is assumed under a Final Order of the Bankruptcy Court; and (v) all AllowedClaims that are entitled to be treated as Administrative Claims pursuant to a Final Orderof the Bankruptcy Court under Section 546(c)(2)(A) of the Bankruptcy Code.(b)
 
“
Administrative Claims Bar Date
” is defined in Section 10.2 hereof.(c)
 
“
Administrative Claims Objection Deadline
” is defined in Section 10.2hereof.(d)
 
“
Allowed”
or
“Allowed Claim
” means a Claim or any portion thereof:(i) that has been allowed by a Final Order, or(ii) as to which, (w) no Proof of Claim has been filed with the Bankruptcy Court,(x) the liquidated and noncontingent amount of which is Scheduled, other than aClaim that is Scheduled at zero, in an unknown amount, or as disputed, and either(y) no objection to its allowance or action to equitably subordinate or otherwiselimit recovery with respect thereto, has been timely filed or (z) any objection toits allowance has been settled or withdrawn, or has been denied by a Final Order,or(iii) for which a Proof of Claim in a liquidated amount has been timely filed withthe Bankruptcy Court pursuant to the Bankruptcy Code, any Final Order of theBankruptcy Court or other applicable bankruptcy law, and as to which either (y)
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 no objection to its allowance has been timely filed or (z) any objection to itsallowance has been settled or withdrawn, or has been denied by a Final Order, or(iv) that is expressly allowed in this Plan.(e)
 
“
Allowed Class . . . Claim
” means an Allowed Claim in the particularClass described.(f)
 
“
Avoidance Action
” means any action to avoid or recover a transfer of property of the applicable Debtor’s Estate or an interest of the applicable Debtor inproperty, including, without limitation, actions arising under Sections 502, 510, 541, 542,544, 545, 547 through 551 and 553 of the Bankruptcy Code, or under related state orfederal statutes and common law, including fraudulent transfer laws, whether or notlitigation is commenced to prosecute such Causes of Action.(g)
 
“
Bankruptcy Code
” means the Bankruptcy Reform Act of 1978, ascodified in title 11 of the United States Code, 11 U.S.C. §§ 101-1330, or the BankruptcyAbuse Protection Act and Consumer Protection Act of 2005, as codified in title 11 of theUnited States Code, 11 U.S.C. §§ 101-1330, as, and to the extent, applicable or ashereafter amended.(h)
 
“
Bankruptcy Court
” means the Bankruptcy Court of the United StatesDistrict Court for the Northern District of Illinois, Eastern Division, or such other court asmay have jurisdiction over the Chapter 11 Cases.(i)
 
“
Bankruptcy Rules
” means, collectively, the Federal Rules of Bankruptcy Procedure and the Official Bankruptcy Forms, as amended, the Federal Rulesof Civil Procedure, as amended, as applicable to the Chapter 11 Cases or proceedingstherein, and the Local Rules of the Bankruptcy Court, as applicable to the Chapter 11Cases or proceedings therein, as the case may be.(j)
 
“
Bar Date(s)
” means applicable date designated by the Bankruptcy Courtas the last dates for filing Proofs of Claim or Interest against the Debtors. For generalpre-petition claims and governmental unit claims, such date is March 2, 2009. Forrejection damage claims, such date is the date set forth in the order approving therejection of the applicable contract or lease or as set forth in this Plan.(k)
 
“
Business Day
” means any day, excluding Saturdays, Sundays or “legalholidays” (as defined in Bankruptcy Rule 9006(a)), on which commercial banks are openfor business in Chicago, Illinois.(l)
 
“
Cash
” means cash and cash equivalents, including, but not limited to,bank deposits, wire funds, checks and legal tender of the United States or equivalentsthereof.(m)
 
“
Causes of Action
” means any and all actions, causes of action, suits,accounts, controversies, agreements, promises, rights to legal remedies, rights toequitable remedies, rights to payment and claims, damages, judgments, claims and
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