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Published on 11/20/2023 in the Prospect News Distressed Debt Daily.

AppHarvest asks court for post-confirmation exclusivity extension

By Sarah Lizee

Olympia, Wash., Nov. 20 – AppHarvest, Inc. is seeking an extension of its exclusive periods to file and solicit votes on a Chapter 11 plan, according to a motion filed Friday with the U.S. Bankruptcy Court for the Southern District of Texas.

The company asked the court to extend the exclusive plan filing period through Jan. 4 and the exclusive solicitation period through March 4.

As a reminder, the company has already received confirmation of a plan of liquidation.

However, the debtors are continuing to negotiate the necessary documentation and transactions for the plan to become effective, including finalizing the sale transaction involving debtor AppHarvest Pulaski Farm, LLC’s assets located at its property in Somerset, Ky.

The company said it fully anticipates that the effective date will occur in the coming weeks, but the current exclusivity period is set to expire on Nov. 20.

As such, the debtors are seeking the extension out of an abundance of caution.

The sustainable food company is based in Morehead, Ky. The company filed bankruptcy on July 23 under Chapter 11 case number 23-90745.


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