Proof of Publication

PROOF OF PUBLICATION

21 ______Feb-16, 20___

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THE NEW YORK TIMES BUSINESS TUESDAY, FEBRUARY 16, 2021 N B3

SOCIAL MEDIA

Clubhouse Is Scrambling to Keep Up With Its Breakneck Growth FROM FIRST BUSINESS PAGE Clubhouse has a “blocking” fea- sentation in Bollywood and even ture to give users more control cosmic poetry. over their spaces. That has in turn “This is a major change in how sometimes created disputes the social internet works,” said about access, including with a Dave Morin, who founded the so- New York Times journalist. cial network Path more than a Kimberly Ellis, 48, an American decade ago and has invested in and Africana studies scholar at Clubhouse. “I believe it’s a new Carnegie Mellon University who chapter.” leads workshops on digital safety, Clubhouse’s trajectory has been said she had also been in Club- rapid — it had just a few thousand house rooms where people ap- users in May — even though the peared to dispense financial ad- app is invitation-only and not vice but were instead “doing mul- widely available. The invitations tilevel marketing.” are so coveted that they have been “Some want to coach you and listed on eBay for as much as $89. get money from you for their Media companies such as courses,” she said. Barstool Sports have also set up In Sunday’s Clubhouse discus- Clubhouse accounts, and at least sion, Mr. Davison said the com- one firm has said it plans to hire a pany has explicit rules against “senior Clubhouse executive.” spreading misinformation, hate The attention has overwhelmed speech, abuse and bullying. The the tiny San Francisco start-up, start-up said last year that it was which has around a dozen employ- adding advisers and safety fea- ees and was founded by two en- tures and empowering modera- trepreneurs, Paul Davison and tors. Rohan Seth. While Clubhouse Yet Clubhouse has also enabled raised more than $100 million in people living under strict censor- funding last month and was val- ship in countries such as China ued at $1 billion, it has struggled to and Turkey to speak freely about handle the surging traffic. On many topics. Some users said they Wednesday, the app crashed. Also, Facebook and Twitter are were hooked. working on similar products to Brielle Riche, 33, a brand strat- compete with it. egist in Los Angeles, said Club- Clubhouse is also contending house had opened up her world with rising complaints about har- since she started using it in No- vember. assment, misinformation and pri- ALVARO DOMINGUEZ vacy. In one incident last month, a “Clubhouse gives us the oppor- tunity to connect with strangers,” user promoted conspiracy theo- Clubhouse discussion on Sunday, day” podcast last month. Horowitz’s venture firm, An- nied by criticism that women and she said. “Only Clubhouse can get ries about the coronavirus vac- Mr. Davison said the company Last March, Mr. Davison and dreessen Horowitz, put $10 mil- people of color are frequent tar- you off TikTok.” cines and discouraged people was rushing to hire, build new fea- Mr. Seth started Clubhouse. They lion into Clubhouse, valuing it at gets of abuse and that discussions A week after Clubhouse an- from getting the shots, leading to tures and release an Android ver- added a way for multiple speakers $100 million. It had two employees involving anti-Semitism, homo- nounced its newest funding last harassment of a female doctor. sion of the app. to broadcast at once and allowed at the time. phobia, racism and misogyny are This month, German and Ital- “It’s just been crazy, we’ve had people to bounce between digital TikTok influencers, YouTube on the rise. month, Mr. Musk set off a frenzy ian regulators publicly questioned so many people joining,” he said. rooms as if they were going from stars and cast members of “The Porsha Belle, 32, a Clubhouse when he appeared on the app and whether Clubhouse’s data prac- Mr. Davison and Mr. Seth, who stage to stage at a music festival Bachelor” soon became active on influencer in Houston, said that interviewed Vlad Tenev, the chief tices complied with European both attended Stanford Univer- or business conference. To avoid the app. It also spawned its own after she spoke up about misogy- executive of the stock trading app data protection laws. And China sity, are repeat entrepreneurs. Mr. overwhelming their start-up, they stars, with some people on its ny on the app, people formed Robinhood. Mr. Musk has prom- blocked the app after political con- Davison created several social doled out invitations slowly. “suggested user list” amassing rooms to encourage one another ised to return to Clubhouse with versations popped up on it outside networking apps, including High- The app caught on as people more than one million followers. to report her account so she would Kanye West and has invited Presi- the country’s tight internet con- light, which allowed users to see sought new ways to connect with In December, Clubhouse unveiled be barred. Her account was sus- dent Vladimir V. Putin of Russia to trols. and message people nearby. Mr. one another in the pandemic. an invitation-only “creator pilot pended Feb 8.. the app. Clubhouse is following a classic Seth was a Google engineer and Some of its earliest users were Sil- program” to help so-called power She said she had tried appeal- A few days later, Mark Zucker- Silicon Valley start-up path that co-founded a company, Memry icon Valley venture capitalists users make money on the app. ing to the company, but found little berg, Facebook’s chief executive, social media companies like Twit- Labs, which built apps. Those such as Marc Andreessen and his “People are already building recourse. “My page is suspended turned up to chat about virtual ter, Snapchat and Facebook have start-ups were either bought or business partner Ben Horowitz, brands,” said Sheel Mohnot, 38, while the bullies get to roam free,” and augmented reality. Then also trod: viral growth followed by shut down. who introduced Clubhouse to founder of Better Tomorrow Ven- she said. China banned the app. the messy issues that come with In 2019, the two men — who had their networks. Oprah Winfrey, tures, who has 1.2 million follow- Rachelle Dooley, 40, a social me- On Sunday, 5,000 people — the it. It is the first American social met through tech circles in 2011 — MC Hammer and John Mayer ers on the app. “There’s all these dia manager in Austin, Texas, who maximum in a Clubhouse room — media company to break out in built a prototype podcasting app, joined. Clubhouse shows. Some of those is deaf, said she had been blocked attended a weekly “town hall” ses- years. The last global social net- Talkshow, which they called their “There’s this feeling of access shows I’ve seen are sponsored.” and kicked out of some Clubhouse sion with the founders. Mr. Da- working hit was TikTok, a Chi- “one last try.” But Talkshow felt that’s really hard to replicate,” (Mr. Davison and Mr. Seth have rooms. vison joined late because he had nese-owned app that catapulted too much like a formal broadcast, said Andy Annacone, an investor said the company plans to make “I can see it show up on the been in another room welcoming 15-second videos into the cultural so they decided to add a way for at TechNexus Venture Collabora- money through ticketed events, closed caption, people saying, Senator Tim Kaine, Democrat of discourse. people to spontaneously join the tive, which operates a fund that in- subscriptions and tipping, but will ‘Why is this deaf lady on an audio Virginia, to the app. Mr. Davison, 40, and Mr. Seth, conversation, Mr. Davison said in vested in Clubhouse. not sell ads.) app?’” she said. “I’d freeze and “We’re just trying to keep up,” 36, declined to be interviewed. In a an interview with the “Hello Mon- In May, Mr. Andreessen and Mr. The growth has been accompa- start crying.” Mr. Davison said.

Dated as of February 10,2021 Claimsand SUBJECT LINE OF “HIGHPOINT - THIRD-PARTY RELEASE ELECTION” NOTICE IS HEREBY GIVEN TO ALL HOLDERS OF CLAIMS, Class Interests Status VotingRights AND A MESSAGE INDICATING THAT SUCH PARTY IN INTEREST DOES HOLDERSOFINTERESTS,ANDPARTIESININTERESTINTHE NotEntitledtoVote(Deemed NOTCONSENTTOANDWOULDLIKETOOPT OUTOFTHETHIRD-PARTY POTENTIALCHAPTER11CASESOFHIGHPOINTRESOURCES Class1 OtherSecuredClaims Unimpaired toAccept) RELEASE ON OR BEFORE MARCH 11, 2021, AT 5:00 P.M.PREVAILING CORPORATIONANDITSSUBSIDIARIESASFOLLOWS: NotEntitledtoVote EASTERNTIME. After Being Cut Off by Tech Giants, Class2 OtherPriorityClaims Unimpaired Assumption and Rejection of Executory Contracts and Subject: SummaryofPlanofReorganization,Information (DeemedtoAccept) RegardingKeyDates,andCertainOtherMatters. Unexpired Leases, Cure of Defaults, and Objections to Cure and Class3 RBLClaims Unimpaired NotEntitledtoVote Assumption. Please be advised that ArticleV of the Plan contains certain ToWhomItMayConcern, (DeemedtoAccept) provisionsrelatingtoExecutoryContractsandUnexpiredLeasesasfollows: OnFebruary10,2021,theanticipateddebtorsanddebtorsinpossession Class4 NotesClaims Impaired EntitledtoVote 1 A. Assumption and Rejection of Executory Contracts and Parler Found a Way Back in a Month (collectively, the “Debtors”), commenced the solicitation of votes, in GeneralUnsecured NotEntitledtoVote Unexpired Leases. Each Executory Contract and Unexpired Lease shall Class5 Unimpaired accordance with title 11 of the United States Code,11 U.S.C.§§ 101–1532 Claims (DeemedtoAccept) be deemed assumed, unless it is the subject of a motion to reject that is (the“Bankruptcy Code”), from Holders of Claims in Class 4 and Holders of NotEntitledtoVote(Deemed pending on the Effective Date or has been rejected pursuant to an order FROM FIRST BUSINESS PAGE Interests in Class 8 of the Debtors’Joint Prepackaged Plan of Reorganization Unimpaired also partnered with Epik, a Seattle Class6 IntercompanyClaims /Impaired toAccept)/NotEntitledto of the Court, without the need for any further notice to or action, order, ment and a Seattle firm that once Pursuant to Chapter 11 of the Bankruptcy Code (as may be amended, Vote(DeemedtoReject) or approval of the Court, as of the Effective Date, under sections 365 and company, for its domain registra- modified,or supplemented from time to time and including all exhibits or NotEntitledtoVote(Deemed 1123 of the Bankruptcy Code. The assumption of Executory Contracts and supported a neo-Nazi site. supplements thereto, the “Plan”), attached as Exhibit A to the Disclosure Intercompany Unimpaired tion, a basic service of the inter- Class7 Interests /Impaired toAccept)/NotEntitledto UnexpiredLeaseshereundermayincludetheassignmentofcertainofsuch Statement Relating to the Debtors’Joint Prepackaged Plan of Reorganization Vote(DeemedtoReject) contractstoAffiliates.TheConfirmationOrderwillconstituteanorderofthe Parler’s return appeared to be a net. Epik has helped support other Pursuant to Chapter 11 of the Bankruptcy Code (as may be amended, Class8 ExistingHPRInterests Impaired EntitledtoVote Courtapprovingtheabovedescribedassumptionsandassignments. modified,or supplemented from time to time and including all exhibits or victory for small companies that fringe sites that lost their support 2 NotEntitledtoVote ExceptasotherwiseprovidedhereinoragreedtobytheDebtorsandthe supplementsthereto,the“DisclosureStatement”). Class9 Section510(b)Claims Impaired (DeemedtoReject) applicable counterparty, each assumed Executory Contract or Unexpired challenge the dominance of Big from other companies, including The Plan and Disclosure Statement are accessible now, free of Key Dates and Information Regarding Confirmation of the Lease shall include all modifications, amendments, supplements, restate- Tech. The company had sought to the Daily Stormer, a neo-Nazi site. charge,on the Debtors’restructuring website,https://dm.epiq11. Plan. If the Debtors elect to implement the Restructuring Transactions ments,or other agreements related thereto,and all rights related thereto, com/HighPoint. CopiesofthePlanandtheDisclosureStatementmayalso on an in-court basis, the Debtors expect to file voluntary petitions for if any,including all easements,licenses,permits,rights,privileges,immuni- portray its plight about the power Mr. Matze founded Parler in be obtained upon request of the Debtors’ proposed co-counsel, Kirkland reorganizationpursuanttochapter11oftheBankruptcyCodeintheUnited ties, options, rights of first refusal, and any other interests. Modifications, of companies like Amazon, which & Ellis LLP and Klehr Harrison Harvey Branzburg LLP, at the respective States Bankruptcy Court for the District of Delaware (the “Bankruptcy amendments, supplements, and restatements to prepetition Executory 2018 with a fellow programmer addresses specified below. Upon the commencement of the chapter 11 Court”), on or about March 16, 2021. Upon commencement, the Contracts and Unexpired Leases that have been executed by the Debtors stopped hosting Parler’s website outside of Las Vegas, aiming to cases,theDebtors will file thePlanand Disclosure Statementonthedocket DebtorswillrequestahearingonconfirmationofthePlanandthe during the Chapter 11 Cases shall not be deemed to alter the prepetition with the Bankruptcy Court. Thereafter,the Plan and Disclosure Statement adequacy of the Disclosure Statement (the“Combined Hearing”), nature of the Executory Contract or Unexpired Lease or the validity,priority, on its computer servers, and Ap- tap into growing discontent with will continue to be available free of charge on the Debtors’ restructuring with such hearing anticipated to be held on or about oramountofanyClaimsthatmayariseinconnectiontherewith. ple and Google, which removed website, https://dm.epiq11.com/HighPoint and will also be available March 17, 2021, subject to the availability of the Bankruptcy To the maximum extent permitted by law, to the extent any provision Silicon Valley, particularly among for inspection for a fee on the Bankruptcy Court’s website at www.deb. Court. At the Combined Hearing, the Bankruptcy Court will be asked to in any Executory Contract or Unexpired Lease assumed or assumed and Parler’s mobile app from their app uscourts.gov and will be on file with Clerk of the Bankruptcy Court, 824 consider the adequacy of the Disclosure Statement, any objections to the assigned pursuant to the Plan restricts or prevents, or purports to restrict people on the far right, who were North Market Street, 3rd Floor,Wilmington, Delaware 19801, where they stores. Disclosure Statement, confirmation of the Plan, any objections thereto, or prevent, or is breached or deemed breached by, the assumption or finding themselves increasingly will be available for review between the hours of 8:00 a.m. to 4:00 p.m., andanyothermatterthat mayproperlycomebeforetheBankruptcyCourt. assumptionandassignmentofsuchExecutoryContractorUnexpiredLease Parler had become a hub for restricted on mainstream social prevailingEasternTime. Please be advised that the Combined Hearing may be scheduled on a later (including any“change of control”provision),then such provision shall be If you have questions regarding this notice you should contact Epiq date by the Bankruptcy Court at which point a further notice of such later deemed modified such that the transactions contemplated by the Plan right-wing conversation over the networks as Facebook and Twitter CorporateRestructuringLLC,theDebtors’proposedsolicitationagentinthe date will be sent or may be continued from time to time by the Bankruptcy shall not entitle the non-Debtor party thereto to terminate such Executory past year, as millions of people on chapter 11 cases, by:(a) writing to HighPoint Resources Ballot Processing CourtortheDebtorswithoutfurthernoticeotherthanbysuchadjournment Contract or Unexpired Lease or to exercise any other default-related rights cracked down on hate speech, Center, c/o Epiq Corporate Restructuring, LLC, P.O. Box 4422, Beaverton, beingannouncedinopencourtorbyanoticeofadjournmentfiledwiththe withrespectthereto. the far right had flocked to the threats and misinformation. OR 97076-4422; (b) emailing [email protected]; and/or BankruptcyCourtandservedonotherpartiesentitledtonotice. C. Cure of Defaults for Assumed Executory Contracts and (c) calling the Debtors’restructuring hotline at (855) 914-4726 (domestic Voting Record Date. The voting record date was February 1, 2021 , Unexpired Leases. The Debtors or the Reorganized Debtors,as applicable, platform over what they per- Ms. Mercer bankrolled the site. toll-free)or(503)520-4495(internationaltoll). which was the date used for determining which Holders of Claims in Class shall pay Cures, if any, on the Effective Date or as soon as reasonably OLIVIER DOULIERY/AFP — GETTY IMAGES If HighPoint is unable to achieve the requisite consents to implement 4 and Holders of Interests in Class 8 (the“Voting Classes”) were entitled to practicable thereafter. Unless otherwise agreed upon in writing by the ceived as censorship of conserva- Other investors include Dan a comprehensive restructuring and certain recapitalization transactions Parler had over 15 million users. voteonthePlan. partiestotheapplicableExecutoryContractorUnexpiredLease,allrequests tive voices by Facebook, Twitter Bongino, a former Secret Service (the “Restructuring Transactions”) on an out-of-court basis, the Debtors How May an Interested Party Object to the Plan or Disclosure for payment of Cure that differ from the amounts paid or proposed to be and Google. Much of the content may initiate chapter 11 cases under the Bankruptcy Code to implement Statement? Any objections (each, an “Objection”) to the Plan or the paid by the Debtors or the Reorganized Debtors to a counterparty must be agent and Fox News pundit, and such transactions, whereby, among other things, Boron Merger Sub Inc., Disclosure Statement must: (a) be in writing;(b) comply with the Federal FiledwiththeCourtand/orservedontheReorganizedDebtorsonorbefore on Parler was benign, but for Jeffrey Wernick, an early adopter a wholly owned subsidiary of Bonanza Creek Energy, Inc. (“BCEI”), will Rules of Bankruptcy Procedure and the Bankruptcy Local Rules; (c) state thirty(30) days after the Effective Date. Any such request that is not timely backlash or a cyberattack if they merge with and into HighPoint Resources Corporation as contemplated by the name and address of the objecting party and the amount and nature filed shall be disallowed and forever barred, estopped, and enjoined from months ahead of the Jan. 6 Capitol of Bitcoin who is now Parler’s that certain Agreement and Plan of Merger,dated as of November 9,2020 of the Claim or Interest beneficially owned by such entity; (d) state assertion, and shall not be enforceable against any Reorganized Debtor, agreed to support the site. (such transaction,the“Merger”,and such agreement,as may be amended, riot, the site also hosted hate chief operating officer. Parler with particularity the legal and factual basis for such Objections, and, if withouttheneedforanyobjectionbytheReorganizedDebtorsoranyother On Monday morning, after Par- modified,or supplemented from time to time and including all exhibits or practicable, a proposed modification to the Plan that would resolve such party in interest or any further notice to or action,order,or approval of the speech, misinformation and calls supplementsthereto,the“MergerAgreement”),acopyofwhichisattached Objections;and (e) be served so as to be actually received no later than Court. Any Cure shall be deemed fully satisfied, released, and discharged ler suddenly appeared on the web plans to eventually make money to the Disclosure Statement as Exhibit B, and that certain Transaction for violence. March11,2021,at5:00p.m.,prevailingEasternTime (the“Objection upon payment by the Debtors or the Reorganized Debtors of the Cure; again, data behind its website by selling ads. Support Agreement, dated as of November 9, 2020 (the“TSA”), a copy of Deadline”)onthebelowparties. provided that nothing herein shall prevent the Reorganized Debtors from Days after the riot, Amazon, Parler is essentially a clone of whichisattachedtotheDisclosureStatementasExhibitC. Objections may be either: (i) emailed to the Debtors’proposed payinganyCuredespitethefailureoftherelevantcounterpartytoFilesuch showed that it was being sup- On February 10,2021,and concurrent with the solicitation of votes on noticeandclaimsagent,EpiqCorporateRestructuringLLC,priorto request for payment of such Cure. The Reorganized Debtors also may settle Apple and Google said they had ported by SkySilk. Hours later, Mr. Twitter, where users can broad- the Plan, the Debtors commenced an exchange offer to equitize and refi- the Objection Deadline at [email protected];(ii) mailed any Cure without any further notice to or action,order,or approval of the cut off Parler because it showed nance certain of the Company’s outstanding debt, consisting of the 7.0% to proposed co-counsel to the Debtors at the addresses below so Court.Inaddition,anyobjectiontotheassumptionofanExecutoryContract Matossian, SkySilk’s C.E.O., cast messages to their followers, senior notes due October 15,2022 (the“7% Notes”) and the 8.75% senior as to be actually received no later than the Objection Deadline;or orUnexpiredLeaseunderthePlan,mustbeFiledwiththeCourtonorbefore that it could not consistently en- though it is harder to navigate and notes due June 15, 2025 (the “8.75% Notes”,and, together with the 7% (iii) emailed to proposed co-counsel to the Debtors at the e-mail 30 days after the Effective Date. Any such objection will be scheduled to be emailed the statement that said he Notes, the “Notes”) into shares of BCEI Common Stock and newly issued addresses below prior to the Objection Deadline. Any Objections heard by the Court at the Debtors’ or Reorganized Debtors’,as applicable, force its own rules against posts was taking a stand for Parler. often much slower. It is also domi- seniornotesofBCEI(the“ExchangeOffer”). received by the Debtors (including via e-mail) before the chapter 11 cases first scheduled omnibus hearing for which such objection is timely filed. that incited violence. Apple and nated by conservatives. The web- In the event that the conditions to consummation of the are commenced shall be served on the below parties upon receipt and Any counterparty to an Executory Contract or Unexpired Lease that fails “SkySilk does not advocate nor Exchange Offer are not met, or if the required shareholder will be forwarded to the Bankruptcy Court and the Debtors’top thirty (30) to timely object to the proposed assumption of any Executory Contract or Google have said they would al- condone hate, rather, it advocates site prompts new users to follow a approval for the Merger is not obtained, the Merger and the largestunsecuredcreditorslistedoneachoftheirbankruptcypetitionsand UnexpiredLeasewillbedeemedtohaveconsentedtosuchassumption. low Parler’s app to return if the Restructuring Transactions described in the TSA and the Merger befiledontheBankruptcyCourt’sdocketbytheDebtorsimmediatelyupon If there is any dispute regarding any Cure,the ability of the Reorganized the right to private judgment and series of conservative voices, in- Agreement may be consummated through the Plan if a sufficient thefilingofsuchchapter11cases. Debtors or any assignee to provide “adequate assurance of future perfor- numberofBCEIshareholderssupporttheMerger. mance”within the meaning of section 365 of the Bankruptcy Code,or any company could prove it could ef- rejects the role of being the judge, cluding Mr. Hannity, the actress The primary purpose of the Plan is to implement the Restructuring (i) Debtors: HighPoint Resources Corporation, 555 17th Street, Suite 3700, Denver, Colorado 80202, Attention: William M. Crawford, Chief other matter pertaining to assumption,then payment of Cure shall occur as fectively police its social network. Kirstie Alley, and Phil Robertson, Transactions, including the Merger, equitization of $625 million of soonasreasonablypracticableafterentryofaFinalOrderresolvingsuchdis- jury and executioner. Unfortu- the Debtors’ funded debt, issuance of $100 million in new notes, and FinancialOfficer,andKennethA.Wonstolen,SeniorVPandGeneralCounsel, After Amazon booted Parler [email protected]; and [email protected]; (ii) Proposed Co- pute,approving such assumption (and,if applicable,assignment),or as may nately, too many of our fellow the star of the reality TV show participation in an exit facility. Importantly,the Plan provides for the be agreed upon by the Debtors or the Reorganized Debtors, as applicable, satisfactionofalltrade,customer,andothernon-fundeddebtthat Counsel to the Debtors Kirkland & Ellis LLP, 601 Lexington Avenue, from its web-hosting service, Par- “Duck Dynasty.” New York, New York 10022, Telephone: (212) 446-4800, Facsimile: (212) andthecounterpartytotheExecutoryContractorUnexpiredLease. technology providers seem to dif- comprise Allowed General Unsecured Claims in full in the ordinary Assumption of any Executory Contract or Unexpired Lease pursuant to ler sued it, accusing it of antitrust course of business . The Debtors believe that any valid alternative to 446-4900, Attention: Joshua A. Sussberg, P.C., joshua.sussberg@kirkland. fer,” he said. “While we may dis- Parler gained momentum in com -and- Kirkland & Ellis LLP, 300 North LaSalle Street,Chicago,Illinois the Plan or otherwise and full payment of any applicable Cure pursuant to confirmationofthePlan,otherthanimplementationoftheExchangeOffer this Article V.C shall result in the full release and satisfaction of any Cures, violations and breaking its con- agree with some of the sentiment 2020, particularly after the No- and the Merger on an out-of-court basis,would result in significant delays, 60654, Telephone: (312) 862-2000, Facsimile: (312) 862-2200, Attention: W. Benjamin Winger, [email protected] -and- Klehr Claims,or defaults,whether monetary or nonmonetary,including defaults tract. A federal judge said last vember election when Facebook litigation,additional costs,and,ultimately,would jeopardize recoveries for of provisions restricting the change in control or ownership interest found on the Parler platform, we holdersofallowedclaims. Harrison Harvey Branzburg LLP, 919 North Market Street, Suite 1000, Wilmington, Delaware 19801, Attention: Domenic E. Pacitti, dpacitti@ composition or other bankruptcy-related defaults, arising under any month that Amazon’s contract al- cannot allow First Amendment and Twitter began labeling posts The Debtors have reached an agreement with Holders of 86% of Notes assumed Executory Contract or Unexpired Lease at any time prior to the Claims (collectively, the“Consenting Noteholders”) and Holders of 46.5% klehr.com -and- Klehr Harrison Harvey Branzburg LLP, 1835 Market lowed it to terminate service and rights to be hampered or re- from former President Donald J. Street,Suite 1400,Philadelphia,Pennsylvania 19103,Attention: Morton R. effective date of assumption. Any and all Proofs of Claim based upon of Existing HPR Interests (the“Consenting Shareholders”together with the Executory Contracts or Unexpired Leases that have been assumed declined to force the company to Consenting Noteholders, the “Consenting Parties”) regarding the terms Branzburg,[email protected]; (iii) Consenting Noteholders: Akin stricted by anyone or any organi- Trump asserting that the election Gump Strauss Hauer & Feld LLP, Bank of America Tower,1 Bryant Park, in the Chapter 11 Cases, including pursuant to the Confirmation of the TSA. Among other things,the TSA obligates the Consenting Parties Order,and for which any Cure has been fully paid pursuant to this keep hosting Parler, as the start- zation.” was rigged. So many new users to vote to approve the Debtors’“prepackaged”plan of reorganization and New York,NY 10036,Tel.:(212) 872-1000,Fax:(212) 872-1002,Attention: Michael S. Stamer; Meredith A. Lahaie; and Stephen B. Kuhn, mstamer@ Article V.C, shall be deemed disallowed and expunged as of the up had requested. supporttheDebtors’restructuring. Effective Date without the need for any objection thereto or any About a week after it went off- signed up that at times the flood 3 akingump.com; [email protected]; and [email protected]; KeyTermsofthePlan furthernoticetooraction,order,orapprovaloftheCourt. Parler had more than 15 million overwhelmed Parler’s systems ThePlanprovides,amongotherthings,thatuponemergence: (iv) Consenting Shareholders: Fifth Creek Energy Company,LLC,c/o line, Parler set up a webpage with NGP, 2850 N. Harwood Street, 19th Floor, Dallas, Texas 75201, Attention: Dated:February 10,2021,Wilmington,Delaware • All outstanding and undisputed General Unsecured Claims KLEHR HARRISON HARVEY BRANZBURG LLP, users when it went offline and was messages that said the company and caused the site to crash or against the Debtors will be unimpaired and unaffected by the Jeffrey A. Zlotky, [email protected]; and (v) United States Trustee /s/ Domenic E. Pacitti , one of the fastest growing apps in was working to get back online slow down. chapter 11 cases and will be paid in full in cash or reinstated and Office of the United States Trustee for the District of Delaware, Domenic E.Pacitti (DE Bar No.3989),919 North Market Street,Suite 1000, satisfied in the ordinary course of business in accordance with the 844 King Street, Suite 2207, Lockbox 35, Wilmington, Delaware 19801, Wilmington, Delaware 19801, Telephone: (302) 426-1189, Facsimile: the United States. It is largely fi- and notes of support from conser- Ahead of the Capitol riot on Jan. terms and conditions of the particular transaction giving rise to Attention:T.PatrickTinker,[email protected]. (302) 426-9193, Email: [email protected] -and- Morton R. Branzburg nanced by Rebekah Mercer, one of suchallowedclaim; When Will the Meeting of Creditors Pursuant to Section 341 ( pro hac vice pending), 1835 Market Street, Suite 1400, Philadelphia, vatives like Sean Hannity, the Fox 6, the conversation on Parler • All Allowed Administrative Claims, Allowed Priority Tax Claims, Occur? AspartofthereliefrequestedbytheDebtorsinconnectionwiththe Pennsylvania 19103, Telephone: (215) 569-3007, Facsimile: (215) 568- the Republican Party’s biggest News host, and Senator Rand turned dark, with users calling for Allowed Other Priority Claims, and Allowed Other Secured Claims will be filingoftheirchapter11cases,theDebtorswillrequestthattheU.S.Trustee 6603, Email: [email protected] -and- KIRKLAND & ELLIS LLP, paid in full in cash,or receive such other customary treatment that renders not be required to convene a meeting of creditors pursuant to section 341 KIRKLAND & ELLIS INTERNATIONAL LLP, Joshua A. Sussberg, P.C. ( pro benefactors. Paul, Republican from Kentucky. fellow “patriots” to take back the suchClaimsunimpairedundertheBankruptcyCode; of the Bankruptcy Code. Accordingly,such meeting will not be convened if hac vice pending), 601 Lexington Avenue, New York, New York 10022, John Matze, a software engi- United States and some calling for • Holders of Allowed Notes Claims and Existing HPR Interests will thePlanisconfirmedwithinseventy-five(75)daysafterthePetitionDateor Telephone: (212) 446-4800, Facsimile: (212) 446-4900, Email: joshua. That page, which was so simple receive their Pro Rata share of 9,804,435 shares of BCEI Common Stock,in suchothertimeassetbytheBankruptcyCourt. [email protected] -and- W.Benjamin Winger ( pro hac vice pending), neer who was Parler’s co-founder it could have been hosted from a violence, including coordinated accordancewithandsubjecttodilutionaspermittedbythetermssetforth CRITICAL INFORMATION REGARDING OBJECTING TO THE PLAN. 300 North LaSalle Street, Chicago, Illinois 60654, Telephone: (312) 862- in the Merger Agreement and the Plan. Based on the number of shares ARTICLE VIII OF THE PLAN CONTAINS RELEASE, EXCULPATION, 2000, Facsimile: (312) 862-2200, Email: [email protected], and chief executive, said earlier single laptop, still required cyber- assassinations of Democrats. of BCEI Common Stock outstanding as of November 9, 2020, Holders of AND INJUNCTION PROVISIONS, AND ARTICLE VIII.D CONTAINS A Proposed Co-Counsel to the Debtors and Debtors in Possession this month that Ms. Mercer had security protections to stay on- In the days after the riot, Face- Allowed Notes Claims will receive approximately 30.4 percent of BCEI THIRD-PARTY RELEASE. THUS, YOU ARE ADVISED TO REVIEW AND 1 The anticipated Debtors in the chapter 11 cases, along with the last Common Stock in the aggregate,Holders of Allowed Existing HPR Interests CONSIDER THE PLAN CAREFULLY BECAUSE YOUR RIGHTS MIGHT BE four digits of each Debtor’s federal tax identification number, include: effectively fired him over dis- line, in part because Parler has book and Twitter removed Mr. will receive approximately 1.6 percent of BCEI Common Stock in the AFFECTEDTHEREUNDER. HighPoint Resources Corporation (0361);HighPoint Operating Corporation agreements on how to run the site. Trump’s account from their sites, aggregate,and existing stockholders of BCEI would own approximately 68 ALLHOLDERSOFCLAIMSORINTERESTSWILLBEDEEMEDTOHAVE (0545); and Fifth Pocket Production, LLC (8360). The location of the been under attack from internet percentofBCEICommonStock; EXPRESSLY, UNCONDITIONALLY, GENERALLY, INDIVIDUALLY, AND Debtors’principal place of business is 555 17th Street, Suite 3700 Denver, Ms. Mercer hired Mark Meckler, a vigilantes who believe it helped causing millions more people con- • In addition to BCEI Common Stock,Holders of Allowed Notes Claims COLLECTIVELY CONSENTED TO THE RELEASE AND DISCHARGE OF ALL Colorado 80202. will receive their Pro Rata share of $100 million in aggregate principal CLAIMS AND CAUSES OF ACTION AGAINST THE DEBTORS AND THE 2 Capitalized terms used but not otherwise defined herein have the leading voice in the Tea Party play a role in the Capitol riot. cerned about what they saw as amountoftheNewTakeBackNotes;and RELEASED PARTIES UNLESS SUCH RELEASING PARTY,WHERE AND AS meanings ascribed to them in the Plan or Disclosure Statement, as appli- movement, to replace Mr. Matze. To stay online, Parler got help censorship to register accounts • The capital structure of BCEI following the consummation of the APPLICABLE: (X)ELECTSTOOPTOUTOFTHERELEASESCONTAINEDIN cable. The statements contained herein are summaries of the provisions transactions contemplated by the Plan shall include a senior secured credit ARTICLEVIII.DOFTHEPLAN;OR(Y)TIMELYOBJECTTOTHERELEASES contained in the Plan and Disclosure Statement and do not purport to Before the site’s return on Mon- from DDoS-Guard, a Russian with Parler. It became the No. 1 facility with aggregate available commitments (drawn and undrawn,col- CONTAINED IN ARTICLE VIII.D OF THE PLAN AND SUCH OBJECTION IS be precise or complete statements of all the terms and provisions of the lectively) of not less than $250 million in principal amount. Allowed RBL NOTRESOLVEDBEFORECONFIRMATION. Plan or documents referred therein. To the extent there is a discrepancy day, Parler executives had said firm, which raised concerns app on Apple and Google’s app ClaimsareUnimpairedunderthePlan. APPLICABLE VOTING PARTIES IN INTEREST MAY OPT OUT OF between the terms herein and the Plan or Disclosure Statement,the Plan they were rejected by multiple among some internet researchers stores. Then Apple and Google re- The following chart summarizes the classification of Claims and THE THIRD-PARTY RELEASE BY MAKING SUCH ELECTION ON THEIR or Disclosure Statement,as applicable,shall govern and control. Interests set forth in the Plan and indicates whether such class is entitled RESPECTIVE BALLOTS. ANY OTHER APPLICABLE PARTY IN INTEREST 3 This summary is qualified in its entirety by the terms of the Plan. In the web-hosting companies that ei- that the Russian government moved the app, and Amazon cut tovoteonthePlan: THAT ELECTS TO OPT OUT OF THE THIRD-PARTY RELEASE MAY DO SO event of inconsistency or conflict between this summary and the terms of ther feared a public-relations could surveil Parler users. Parler off its service. BY SENDING AN EMAIL TO [email protected] WITH A the Plan,the terms of the Plan shall control and govern.