For Reference Purpose Only
To Holders of Convertible Bonds (Bonds with Stock Acquisition Rights):
Notice to Holders of Convertible Bonds (Bonds with Stock Acquisition Rights, tenkan shasaigata shinkabu yoyakuken-tsuki shasai)March 23, 2012
Please be advised that notices pursuant to the article 43, paragraph 3 and article 85, paragraph 4 of the Corporate Reorganization Act were issued by the Tokyo District Court upon the issuance of the order to commence corporate reorganization proceedings of our company dated March 23, 2012.
Yours faithfully,
Yukio Sakamoto, Nobuaki Kobayashi
Trustees of Elpida Memory, Inc., as the Reorganizing Company
[Translation]
Case No.: Heisei 24 (Mi) No. 1 Corporate Reorganization
Case
Reorganizing Company: Elpida Memory, Inc.
(2-1 Yaesu 2-chome, Chuo-ku, Tokyo)
To Creditors,
March 23, 2012
The 8th Civil Division of the Tokyo District Court
Risa Nomura, Court Clerk
With respect to the case first above written, since our court
commenced the corporate reorganization proceedings under the
Corporate Reorganization Act at 5 p.m. on March
23, 2012, we hereby notify thereof pursuant to the provisions
of Article 43, Paragraph 3 and Article 85, Paragraph 4 of the
same act.
1. Main text of the Order to Commence Reorganization
Proceedings
Corporate reorganization proceedings are to be commenced with
respect to Elpida
Memory, Inc.
2. Name of the Trustees
Nobuaki Kobayashi, Attorney-at-law, and
Yukio Sakam oto
3. Period during which Proofs of Reorganization Claims, etc.,
should be filed
By May 21, 2012
4. Period to examine Proofs of Reorganization Claims,
etc.
From June 26, 2012 to July 3, 2012
5. Period during which the Reorganizing Company,
Reorganization Creditors, Shareholders, Labor Union, etc.,
may submit their Opinion with respect to the Appointment of
the Trustees
By April 20, 2012
6. The voting rights held by any reorganization creditor or
secured reorganization
creditor relating to the following bonds issued by the
reorganizing company may not be exercised unless a bondholder
has made the filing of its reorganization
claims or secured reorganization claims with respect to such
bonds, or the
reorganizing company has received a notice of change of the
name of the creditors, or unless the bond administrator,
etc., defined in Article 43, Paragraph 1, Item 5 of the
Corporate Reorganization Act, which filed its reorganization
claims or secured
reorganization claims, has informed to the court to the
effect that a bondholder has
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[Translation]
an intention to exercise its voting right relating to such
bonds prior to the
confirmation of the proposed reorganization plan, or the
reorganizing company has received a notice of change of the
name of such bondholder.