Free Statement - District Court of Delaware - Delaware

Case 1:05-cv-00169-SLB Document 5 Filed O4/08/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RAYES McCARTY BINDER ROSS &
MUNDY :
: Civil Action No. 05-cv-169 (SLR)
Appellant, :
FORKLIFT LP CORPORATION
Appellee Bankruptcy Case No. 00-1730 (DDS)
STATEMENT OF NO INTEREST
PLEASE TAKE NOTICE that on April 17, 2000 (the "Petition Date"), Forklift LP
Corporation, i7k/a CLARK Material Handling Company ("@"), CMH 2, Inc., f/k/a Clark
Alabama, Inc. f/k/a Blue Giant Corporation (" ") and CMH 3, Inc., f/k/a Hydrolectric Lift
Trucks, Inc. ("Ql\ ," and together with FLP and CMH 2, the " "), commenced their
respective reorganization cases by filing voluntary petitions for relief under Chapter 11 of
Title ll of the United States Code, ll U.S.C. §§ 101, gt seq, , in the United States Bankruptcy
Court for the District of Delaware (the "Bankruptcy Court") thereby commencing Bankruptcy
Case Nos. 00-1730-1732 (DDS).
PLEASE TAKE FURTHER NOTICE that On January 31, 2003, the Debtors
consummated a sale of substantially all of their assets — excluding certain assets, including
without limitation, over 400 preference actions and stock of certain foreign subsidiaries —
pursuant to an order of the Court [D.l. 2039] (the "Sale Order") to DABO Acquisition, Inc.
(together with its affiliates, "New C1ark"). Subsequent to the Sale Order, New Clark was named

Case 1:05-cv-00169-SLR Document 5 Filed O4/08/2005 Page 2 of 3
Clark Material Handling Company and the Debtor Clark thereafter became Forklift LP
Corporation.
PLEASE TAKE FURTHER NOTICE that on or about October 22, 2003, the
Bankruptcy Court entered the Findings of Fact, Conclusions of Law and Order Confirming
Debtors’ Third Amended Plan Of Liquidation Proposed by Debtors and Debtors—ln-Possession
Forklift LP Corporation f/k/a Clark Material Handling Company, CMH 2, Inc., f/k/a Clark
Alabama, Inc., and CMH 3, Inc. f/k/a Hydrolectric Lift Trucks, Inc. Dated October 22, 2003 (the
"w">.‘
PLEASE TAKE FURTHER NOTICE that on the Effective Date, pursuant to Section
6.3 of the Plan, any and all Assets of the Debtors, wherever situated, vested in the Forklift
Liquidating Trust (and together, with the Debtors, the "_'1@").
PLEASE TAKE FURTHER NOTICE that the Trust has no interest in the above-
captioned appeal (the "Apr@") as that matter is between New Clark and the Appellant.
PLEASE TAKE FURTHER NOTICE that neither New Clark nor the Appellant seek
affirmative relief from the Trust in the Appeal.
PLEASE TAKE FURTHER NOTICE that neither New Clark nor the Appellant sought
affirmative relief from the Trust in the matter below.
‘ Capitalized temis used but not defined herein shall have the meaning ascribed to such terms in the Plan.
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Case 1:05-cv-00169-SLR Document 5 Filed O4/08/2005 Page 3 of 3
PLEASE TAKE FURTHER NOTICE that the Trust will not participate in the Appeal
unless this Court otherwise requires.
KLETT ROONEY LIEBER & SCHORLING
A Professional Corporation
By¤
no Lopez Schnabe Esquire
Peter J. Duhig, Esquire
The Brandywine Building
1000 West Street, Suite 1410
Wilmington, DE 19899-1397
(302) 552-4200
Counsel to the Forklift Liquidating Trust
Dated: April 8, 2005
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