B-1

Exhibit B

Form of Notice

Case:17-03283-LTS Doc#:22581-2 Filed:10/12/22 Entered:10/12/22 10:10:35 Desc:

Exhibit B - Form of Notice Page 1 of 4
221012 HTA CONFIRMATION ORDER VERSION OCTOBER 12, 2022 1 

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of

THE PUERTO RICO HIGHWAYS AND 

TRANSPORTATION AUTHORITY,

Debtor. 

PROMESA

Title III

No. 17 BK 3567-LTS

(Jointly Administered)

NOTICE OF (A) ENTRY OF ORDER CONFIRMING MODIFIED

FIFTH AMENDED TITLE III PLAN OF ADJUSTMENT OF THE PUERTO RICO 

HIGHWAYS AND TRANSPORTATION AUTHORITY PURSUANT TO 

TITLE III OF PROMESA AND (B) OCCURRENCE OF THE EFFECTIVE DATE

TO CREDITORS AND OTHER PARTIES IN INTEREST:

PLEASE TAKE NOTICE that, pursuant to an order, dated _____________, 2022 (Docket 

Entry No. ____) (the “Confirmation Order”), the Modified Fifth Amended Title III Plan of 

Adjustment of the Puerto Rico Highways and Transportation Authority, dated September 6, 2022

(as amended, supplemented, or modified, the “Plan”), was confirmed by the United States District 

Court for the District of Puerto Rico (the “Court”). Unless otherwise defined in this Notice, 

capitalized terms used herein shall have the meanings ascribed to them in the HTA Plan and the 

HTA Confirmation Order.

PLEASE TAKE FURTHER NOTICE that the HTA Effective Date of the HTA Plan

occurred on __________________ and the HTA Plan was substantially consummated.

PLEASE TAKE FURTHER NOTICE that any party in interest wishing to obtain copies of 

the Confirmation Order, the HTA Plan, and related documents should contact Kroll Restructuring 

Administration LLC, by telephone at (844) 822-9231 (toll free for U.S. and Puerto Rico) or (646) 

486-7944 (for international callers), available 10:00 a.m. to 7:00 p.m. (Atlantic Standard Time) 

(Spanish available), or by email at puertoricoballots@primeclerk.com, or may view such 

documents by accessing either https://cases.ra.kroll.com/puertorico/ or the Court’s website, 

https://www.prd.uscourts.gov/. Please note that a Public Access to Court Electronic Records 

(“PACER”) (http://www.pacer.psc.uscourts.gov) password and login are needed to access 

documents on the Court’s website. 

PLEASE TAKE FURTHER NOTICE that, pursuant to section 1.4 and article III of the 

HTA Plan and decretal paragraph 31 of the Confirmation Order, the deadline for filing proofs of 

or requests for payment of Administrative Expense Claims (“Administrative Expense Requests”) 

is [____], 2022; provided, however, that no proof of Administrative Expense Claim shall be 

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221012 HTA CONFIRMATION ORDER VERSION OCTOBER 12, 2022 2 

required to be filed if such Administrative Expense Claim (a) shall have been incurred (i) in 

accordance with an order of the Court or (ii) with the written consent of the applicable Government 

Parties expressly granting such Administrative Expense Claim, (b) is a Professional Claim

(including a Claim for reimbursement by a member of the Creditors’ Committee solely in its 

capacity as such member), (c) is an intergovernmental Claim, (d) is an Administrative Expense 

Claim of the IRS for the payment of taxes incurred by the Debtor during the period from and after 

the HTA Petition Date, (e) relates to transactions occurring in the ordinary course during the period 

from and after the HTA Petition Date up to and including the HTA Effective Date, (f) relates to a 

Claim that is subject to the provisions of the ACR Order, including, without limitation, “grievance 

claims” relating to any of the Debtor’s collective bargaining agreements, or (g) is the subject of a 

pending motion seeking allowance of an administrative expense pursuant to section 503(b) of the

Bankruptcy Code as of the entry of this Confirmation Order; and, provided, further, that any such 

proof of Administrative Expense Claim by a governmental unit shall remain subject to the rights 

and interests of the Debtor and Reorganized Debtor, as the case may be, and any other party in 

interest to interpose an objection or other defense to the allowance or payment thereof. 

PLEASE TAKE FURTHER NOTICE that, all Administrative Expense Requests should be 

sent as follows: 

(i) by completing the electronic Proof of Claim on the Claims Agent’s website at 

https://cases.ra.kroll.com/puertorico/EPOC-Index, or 

 

(ii) if delivered by first class mail, hand delivery, or overnight courier, at the following 

address: Commonwealth of Puerto Rico Claims Processing Center, c/o Kroll 

Restructuring Administration LLC, 850 Third Avenue, Suite 412, Brooklyn, NY 

11232. 

Administrative Expense Requests will be deemed timely filed only if actually received by Kroll

Restructuring Administration LLC (the Debtor’s Claims Agent) by 5:00 p.m. (prevailing Atlantic 

Time) on [___], 2022 (the “Administrative Deadline”). The Administrative Expense Requests 

may not be delivered by facsimile, telecopy, or electronic mail transmission.

PLEASE TAKE FURTHER NOTICE that, if you are required to file an 

Administrative Expense Request pursuant to section 1.4 and article III of the HTA Plan and 

decretal paragraph 31 of the Confirmation Order and fail to do so by the Administrative 

Deadline, you will be forever barred, estopped, and enjoined from asserting such 

Administrative Expense Claim (and from filing an Administrative Expense Request with 

respect to such Administrative Expense Claim) against the Debtor and their property, and 

the Debtor and Reorganized Debtor will be forever discharged from any and all indebtedness 

or liability with respect to such Administrative Expense Claim.

PLEASE TAKE FURTHER NOTICE that, pursuant to section 27.6 of the HTA Plan and 

decretal paragraph 19 of the Confirmation Order, if the rejection of an Executory Contract and 

Unexpired Lease by the Debtor results in damages to the other party or parties to such contract or 

lease, any claim for such damages, if not heretofore evidenced by a filed proof of Claim, shall be 

forever barred and shall not be enforceable against the Debtor, or their properties or agents, 

successors, or assigns, including, without limitation, the Reorganized Debtor, unless a proof of 

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221012 HTA CONFIRMATION ORDER VERSION OCTOBER 12, 2022 3

Claim is filed with the Court on or before thirty (30) days after the later to occur of (i) the 

Confirmation Date, and (ii) the date of entry of an order by the Court authorizing rejection of a 

particular Executory Contract and Unexpired Lease.

Dated: 

San Juan, Puerto Rico

/s/ 

Martin J. Bienenstock (pro hac vice)

Brian S. Rosen (pro hac vice)

PROSKAUER ROSE LLP

Eleven Times Square

New York, NY 10036

Tel: (212) 969-3000

Fax: (212) 969-2900

Attorneys for the Financial Oversight and 

Management Board as representative for the 

Debtor

/s/ 

Hermann D. Bauer

USDC No. 215205

O’NEILL & BORGES LLC

250 Muñoz Rivera Ave., Suite 800

San Juan, PR 00918-1813

Tel: (787) 764-8181

Fax: (787) 753-8944

Co-Attorneys for the Financial Oversight and 

Management Board as representative for the 

Debtor

Case:17-03283-LTS Doc#:22581-2 Filed:10/12/22 Entered:10/12/22 10:10:35 Desc:

Exhibit B - Form of Notice Page 4 of 4