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In the United States Bankruptcy Court for the District of Delaware Case 21-10457-LSS Doc 446 Filed 08/12/21 Page 1 of 163 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11 MOBITV, INC., et al.,1 Case No. 21-10457 (LSS) Debtors. Jointly Administered AFFIDAVIT OF SERVICE I, Sabrina G. Tu, depose and say that I am employed by Stretto, the claims and noticing agent for the Debtors in the above-captioned cases. On August 11, 2021, at my direction and under my supervision, employees of Stretto caused the following documents to be served via first-class mail on the service list attached hereto as Exhibit E: • Notice of (I) Approval of Solicitation Procedures, (II) Establishment of Voting Record Date, (III) Combined Hearing on Confirmation of Plan and Final Approval of Disclosures, (IV) Deadline for Objecting to Confirmation of Plan, and (IV) Procedures and Deadline for Voting on Plan (attached hereto as Exhibit A) • [Customized] Ballot for Class 3 Claims for Accepting or Rejecting the Joint Chapter 11 Plan of Liquidation Proposed by the Debtors and the Official Committee of Unsecured Creditors (attached hereto as Exhibit B) • First Amended Combined Disclosure Statement and Chapter 11 Plan of Liquidation (attached hereto as Exhibit C) [USB Drive] • Order (I) Approving on an Interim Basis the Adequacy of Disclosures in the Combined Disclosure Statement and Plan, (II) Fixing Voting Record Date, (III) Scheduling the Combined Hearing and Approving Form and Manner of Related Notice and Objection Procedures, (IV) Approving Solicitation Packages and Procedures and Deadlines for Soliciting, Receiving, and Tabulating Votes to Accept or Reject the Plan, and (V) Approving Form of Ballot and Notice to Non-Voting Classes (Docket No. 438, Pages 1-14) [USB Drive] [SPACE LEFT INTENTIONALLY BLANK] __________________________________________________ 1 The Debtors in these chapter 11 cases and the last four digits of each Debtor’s U.S. tax identification number are as follows: MobiTV, Inc. (2422) and MobiTV Service Corporation (8357). The Debtors’ mailing address is 1900 Powell Street, 9th Floor, Emeryville, CA 94608. Case 21-10457-LSS Doc 446 Filed 08/12/21 Page 2 of 163 Furthermore, on August 11, 2021, at my direction and under my supervision, employees of Stretto caused the following documents to be served via first-class mail on the service list attached hereto as Exhibit F: • Notice of (I) Approval of Solicitation Procedures, (II) Establishment of Voting Record Date, (III) Combined Hearing on Confirmation of Plan and Final Approval of Disclosures, (IV) Deadline for Objecting to Confirmation of Plan, and (IV) Procedures and Deadline for Voting on Plan (attached hereto as Exhibit A) • Notice of Non-Voting Status to Holders of Class 1, 2, 4, & 5 Claims and Interests (attached hereto as Exhibit D) Furthermore, on August 11, 2021, at my direction and under my supervision, employees of Stretto caused the following documents to be served via first-class mail on the service list attached hereto as Exhibit G: • Notice of (I) Approval of Solicitation Procedures, (II) Establishment of Voting Record Date, (III) Combined Hearing on Confirmation of Plan and Final Approval of Disclosures, (IV) Deadline for Objecting to Confirmation of Plan, and (IV) Procedures and Deadline for Voting on Plan (attached hereto as Exhibit A) • Notice of Non-Voting Status to Holders of Class 1, 2, 4, & 5 Claims and Interests (attached hereto as Exhibit D) Furthermore, on August 11, 2021, at my direction and under my supervision, employees of Stretto caused the following documents to be served via first-class mail on MobiTV Service Corporation at 1900 Powell St, 9th Floor, Emeryville, CA 94608: • Notice of (I) Approval of Solicitation Procedures, (II) Establishment of Voting Record Date, (III) Combined Hearing on Confirmation of Plan and Final Approval of Disclosures, (IV) Deadline for Objecting to Confirmation of Plan, and (IV) Procedures and Deadline for Voting on Plan (attached hereto as Exhibit A) • Notice of Non-Voting Status to Holders of Class 1, 2, 4, & 5 Claims and Interests (attached hereto as Exhibit D) Furthermore, on August 11, 2021, at my direction and under my supervision, employees of Stretto caused the following documents to be served via first-class mail on the service list attached hereto as Exhibit H: • Notice of (I) Approval of Solicitation Procedures, (II) Establishment of Voting Record Date, (III) Combined Hearing on Confirmation of Plan and Final Approval of Disclosures, (IV) Deadline for Objecting to Confirmation of Plan, and (IV) Procedures and Deadline for Voting on Plan (attached hereto as Exhibit A) Case 21-10457-LSS Doc 446 Filed 08/12/21 Page 3 of 163 • Notice of Non-Voting Status to Holders of Class 1, 2, 4, & 5 Claims and Interests (attached hereto as Exhibit D) Furthermore, on August 11, 2021, at my direction and under my supervision, employees of Stretto caused the following documents to be served via first-class mail on the service list attached hereto as Exhibit I: • Notice of (I) Approval of Solicitation Procedures, (II) Establishment of Voting Record Date, (III) Combined Hearing on Confirmation of Plan and Final Approval of Disclosures, (IV) Deadline for Objecting to Confirmation of Plan, and (IV) Procedures and Deadline for Voting on Plan (attached hereto as Exhibit A) • Notice of Non-Voting Status to Holders of Class 1, 2, 4, & 5 Claims and Interests (attached hereto as Exhibit D) Furthermore, on August 11, 2021, at my direction and under my supervision, employees of Stretto caused the following documents to be served via first-class mail on the service list attached hereto as Exhibit J: • Notice of (I) Approval of Solicitation Procedures, (II) Establishment of Voting Record Date, (III) Combined Hearing on Confirmation of Plan and Final Approval of Disclosures, (IV) Deadline for Objecting to Confirmation of Plan, and (IV) Procedures and Deadline for Voting on Plan (attached hereto as Exhibit A) • First Amended Combined Disclosure Statement and Chapter 11 Plan of Liquidation (attached hereto as Exhibit C) [USB Drive] • Order (I) Approving on an Interim Basis the Adequacy of Disclosures in the Combined Disclosure Statement and Plan, (II) Fixing Voting Record Date, (III) Scheduling the Combined Hearing and Approving Form and Manner of Related Notice and Objection Procedures, (IV) Approving Solicitation Packages and Procedures and Deadlines for Soliciting, Receiving, and Tabulating Votes to Accept or Reject the Plan, and (V) Approving Form of Ballot and Notice to Non-Voting Classes (Docket No. 438, Pages 1-14) [USB Drive] [SPACE LEFT INTENTIONALLY BLANK] Case 21-10457-LSS Doc 446 Filed 08/12/21 Page 4 of 163 l]urthermore, on August 11.2021. at my dircction and under my supervision. cmployees of Strello caused the following document to be served via firsl-class mail on the service list attached hereto as Exhibit K: Noticc of(I) Approval ofSolicitation I'roccdures, (II) Estahlishment of Voting Rccord Date, (lll) Combincd Hcaring on Confirmation of l)lan and Final Approval of l)isclosurcs, (lV) Dcadlinc for Objccting to Confirmation of Plan, and (lV) I'rocedurcs and Dcatlline for Voting on Plan (attached hcrcto as @]!il3\) In addition to the method ofservice sel forth herein, parties who have requested electronic notification of filings via the Bankruptcy Court's CM/ECF syslem were sent the ahve referenced documenls via electron ic servicc Dated: Augusl 12. 2021 JJ-YSabrina C. Tu A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and nol the truthfulness. accuracy, or validity of that document. State of Calilbrnia. County of Orangc Subscribed and swom to (or affirmed) before me on this l2th day olAugust, 2021. by Sabrina C Tu proved to me on the basis of satisfactory evidence to be the person who appeared before me. Signature: -2-D=-- 5rEPi^{rE , 0ELCA0O {ot.ryPubl'( C.Lirornr. Co6m'$1o., U 2llll. Case 21-10457-LSS Doc 446 Filed 08/12/21 Page 5 of 163 Exhibit A Case 21-10457-LSS Doc 446 Filed 08/12/21 Page 6 of 163 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE Chapter 11 In re: Case No. 21-10457 (LSS) MOBITV, INC., et al., Jointly Administered Debtors.1 NOTICE OF (I) APPROVAL OF SOLICITATION PROCEDURES, (II) ESTABLISHMENT OF VOTING RECORD DATE, (III) COMBINED HEARING ON CONFIRMATION OF PLAN AND FINAL APPROVAL OF DISCLOSURES, (IV) DEADLINE FOR OBJECTING TO CONFIRMATION OF PLAN, AND (IV) PROCEDURES AND DEADLINE FOR VOTING ON PLAN PLEASE TAKE NOTICE OF THE FOLLOWING: 1. Approval of Solicitation Procedures. By order dated August 10, 2021 (the “Solicitation Procedures Order”), the United States Bankruptcy Court for the District of Delaware (the “Court”), having jurisdiction over the chapter 11 cases of the above-captioned debtors and debtors in possession (the “Debtors”), approved on an interim basis the adequacy of the Disclosures in the First Amended Combined Disclosure Statement and Chapter 11 Plan of Liquidation (as it may be amended, supplemented, or modified from time to time, the “Plan”) within the meaning of section 1125 of Title 11 of the United States Code (the “Bankruptcy Code”), and authorized the Debtors to solicit votes to accept or reject the Plan.2 2. Deadline for Voting on the Plan. By the Solicitation Procedures Order, the Court established September 13, 2021 at 5:00 p.m. (Eastern Time) (the “Voting Deadline”) as the deadline by which Ballots accepting or rejecting the Plan must be received. Only holders of Claims in Class 3 under the Plan are entitled to vote on the Plan and will receive Ballots for casting such votes. To be counted, original Ballots must actually be received by the Debtors’ Voting Agent on or before the Voting Deadline either (a) via E-Balloting Portal (as set forth in the instructions on the Ballot), or (b) via mail, personal delivery, or overnight courier to MobiTV Balloting, c/o Stretto, 410 Exchange, Suite 100, Irvine, CA 92602.
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