B-1 

Exhibit B 

Form of Notice 

Case:17-03283-LTS Doc#:19813-2 Filed:01/18/22 Entered:01/18/22 15:44:15 Desc:

Exhibit B - Form of Notice Page 1 of 5
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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 COMMONWEALTH OF PUERTO RICO, THE 

EMPLOYEES RETIREMENT SYSTEM OF THE 

GOVERNMENT OF THE COMMONWEALTH OF 

PUERTO RICO, AND THE PUERTO RICO PUBLIC 

BUILDINGS AUTHORITY, 

Debtors.1

PROMESA 

Title III 

No. 17 BK 3283-LTS 

(Jointly Administered) 

NOTICE OF (A) ENTRY OF ORDER CONFIRMING 

MODIFIED EIGHTH AMENDED TITLE III PLAN OF ADJUSTMENT OF 

THE COMMONWEALTH OF PUERTO RICO, ET AL. 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 _____________ [ECF No. 

____] (the “Confirmation Order”), the Modified Eighth Amended Title III Plan of Adjustment of 

the Commonwealth of Puerto Rico, et al., dated January 14, 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 Plan and the Confirmation Order. 

 

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 The Debtors in these Title III Cases, along with each Debtor’s respective Title III case number 

and the last four (4) digits of each Debtor’s federal tax identification number, as applicable, are 

the (i) Commonwealth of Puerto Rico (Bankruptcy Case No. 17-BK-3283- LTS) (Last Four 

Digits of Federal Tax ID: 3481); (ii) Puerto Rico Sales Tax Financing Corporation (“COFINA”) 

(Bankruptcy Case No. 17-BK-3284-LTS) (Last Four Digits of Federal Tax ID: 8474); (iii) 

Puerto Rico Highways and Transportation Authority (“HTA”) (Bankruptcy Case No. 17-BK3567-LTS) (Last Four Digits of Federal Tax ID: 3808); (iv) Employees Retirement System of 

the Government of the Commonwealth of Puerto Rico (“ERS”) (Bankruptcy Case No. 17-BK3566-LTS) (Last Four Digits of Federal Tax ID: 9686); (v) Puerto Rico Electric Power 

Authority (“PREPA”) (Bankruptcy Case No. 17- BK-4780-LTS) (Last Four Digits of Federal 

Tax ID: 3747); and (vi) Puerto Rico Public Buildings Authority (“PBA”) (Bankruptcy Case No. 

19-BK-5523-LTS) (Last Four Digits of Federal Tax ID: 3801) (Title III case numbers are listed 

as Bankruptcy Case numbers due to software limitations). 

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PLEASE TAKE FURTHER NOTICE that the Effective Date of the Plan occurred on 

__________________ and the Plan was substantially consummated. 

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

the Confirmation Order, the Plan, and related documents should contact Prime Clerk 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.primeclerk.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 1.51 and Article III of the 

Plan and decretal paragraph 44 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 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, (c) is an 

intergovernmental Claim, (d) is an Administrative Expense Claim of the IRS for the payment of 

taxes incurred by any of the Debtors during the period from and after the Commonwealth Petition 

Date, the ERS Petition Date or the PBA Petition Date, as applicable, (e) relates to actions occurring 

from and after the respective Debtor’s petition 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 any administrative expense pursuant to Bankruptcy Code section 503(b) as of the 

entry of the 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 

Debtors and Reorganized Debtors, 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 to the following: 

[_____] 

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

Clerk 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 1.51 and Article III of the Plan and 

decretal paragraph 44 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 

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

the Debtors and Reorganized Debtors 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 76.6 of the Plan and 

decretal paragraph 31 of the Confirmation Order, if the rejection of an Executory Contract and 

Unexpired Lease by the Debtors 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 Debtors, or their properties or agents, 

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

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

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

particular Executory Contract and Unexpired Lease. 

PLEASE TAKE FURTHER NOTICE that the Confirmation Order is a full, final, and 

complete order, intended to be, conclusive and binding upon all parties in interest, is not intended 

to be subject to collateral attack in any other forum, and may only be challenged in accordance 

with applicable rules in the Court and appealed as provided in PROMESA and other applicable 

federal laws, rules and jurisprudence, by (i) the Debtors, (ii) the Reorganized Debtors, (iii) the 

Commonwealth and its instrumentalities, (iv) each Entity asserting claims or other rights against 

the Commonwealth or any other Commonwealth instrumentality, including each holder of a bond 

claim and each holder of a beneficial interest (directly or indirectly, as principal, agent, counterpart, 

subrogee, insurer or otherwise) in respect of bonds issued by the Debtors or any Commonwealth 

agency or with respect to any trustee, any collateral agent, any indenture trustee, any fiscal agent, 

and any bank that receives or holds funds related to such bonds, whether or not such claim or other 

rights of such Entity are impaired pursuant to the Plan and, if impaired, whether or not such Entity 

accepted the Plan, (v) any other Entity, and (vi) each of the foregoing’s respective heirs,

successors, assigns, trustees, executors, administrators, officers, directors, agents, representatives, 

attorneys, beneficiaries or guardians; provided, however, that the compromises and settlements set 

forth in the Plan and the Confirmation Order with respect to the priority of the New GO Bonds 

and the CVIs under PROMESA, the Commonwealth Constitution, or other applicable law shall 

not be binding on any party in interest (including any successor to the Oversight Board) in a 

subsequent Title III (or other insolvency) proceeding. 

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 

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Attorneys for the Financial Oversight and 

Management Board as representative for the 

Debtors 

/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 

Debtors

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