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Thomas J. Salerno (AZ Bar No. 007492) [email protected]
Jordan A. Kroop (AZ Bar No. 018825) [email protected]
SQUIRE, SANDERS & DEMPSEY (US) LLP
One East Washington Street
Suite 2700
Phoenix, AZ 85004
Telephone: (602) 528-4000
Counsel to the Debtor


UNITED STATES BANKRUPTCY COURT

DISTRICT OF ARIZONA






In re

COYOTES HOCKEY, LLC,





Debtor.




Chapter 11
Case No. 2:09-bk-09488-RTBP
(Jointly Administered)

BALLOT REPORT

Hearing Date:
Hearing Time:

February 23, 2011
10:00 a.m.

Coyotes Hockey, LLC, the debtor-in-possession (the “Debtor”) and proponent of the
Second Amended Plan, dated December 1, 2010 (the “Plan”),1 respectfully submits this report on
the results of the Debtor’s solicitation of votes to accept or reject the Plan.

1.

On January 12, 2011, the Court entered its Order: (A) Approving Amended

Disclosure Statement; (B) Approving Solicitation Procedures; (C) Scheduling Hearing On Plan

Confirmation; And (D) Approving Notice [DE #1374] (the “Solicitation Order”), approving the

Amended Disclosure Statement in Support of Second Amended Plan [DE #1372] (the

“Disclosure Statement”).

2.

The Debtor used the Disclosure Statement to solicit votes to accept or reject the

Plan. The Debtor mailed, among other things, copies of the Plan, the Disclosure Statement, the

Solicitation Order, and ballots to be used by holders of Claims in Classes 2 and 3 under the Plan

in accordance with the Solicitation Order. Voting on the Plan concluded on February 16, 2011.


1 All capitalized terms used but not defined in this report mean what they mean in the Plan.

PHOENIX/570511.1



3.

The Debtor’s counsel received three ballots, all of which were accepting ballots.

Both Class 2 ballots accepted the Plan. The remaining ballot was a composite ballot submitted by

Coyotes Newco, LLC, the NHL affiliate that holds the claims in Class 3; that ballot also accepted

the Plan.

4.

In accordance with Bankruptcy Code §1126(f), Class 1 was unimpaired under the

Plan and was, therefore, deemed to accept the Plan without voting. In accordance with

Bankruptcy Code § 1126(g), Class 4 under the Plan was deemed to reject the Plan without voting

since its sole member, the holder of the equity interests in the Debtor, receives no distribution

under the Plan.

5.

No party filed an objection to confirmation of the Plan by the February 16, 2011

deadline. Considering the unanimous balloting results and the lack of any objections, the Debtor

is prepared to move the Court for confirmation of the Plan at the February 23, 2011 hearing. The

Debtor does not believe an evidentiary hearing is required beyond the admission into evidence of

the Declaration of Jerry Moyes In Support of Confirmation of Second Amended Plan, filed

contemporaneously with this report.

Dated February 21, 2011









/s/ Jordan A. Kroop
Thomas J. Salerno
Jordan A. Kroop

SQUIRE, SANDERS & DEMPSEY (US) LLP

By:


One East Washington Street, Suite 2700
Phoenix, Arizona 85004
(602) 528-4000
Counsel to Debtor



PHOENIX/570511.1

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