Case No. 07-33849 ) Jointly Administered MOVIE GALLERY, INC., Et Al.,1 ) Chapter 11 ) Hon
Total Page：16
File Type：pdf, Size：1020Kb
Richard M. Cieri (NY 4207122) Michael A. Condyles (VA 27807) KIRKLAND & ELLIS LLP Peter J. Barrett (VA 46179) Citigroup Center Ronald A. Page, Jr. (VA 71343) 153 East 53rd Street KUTAK ROCK LLP New York, New York 10022-4611 Bank of America Center Telephone: (212) 446-4800 1111 East Main Street, Suite 800 Richmond, Virginia 23219-3500 and Telephone: (804) 644-1700 Anup Sathy, P.C. (IL 6230191) Marc J. Carmel (IL 6272032) KIRKLAND & ELLIS LLP 200 East Randolph Drive Chicago, Illinois 60601-6636 Telephone: (312) 861-2000 Co-Counsel to the Debtors IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION In re: ) Case No. 07-33849 ) Jointly Administered MOVIE GALLERY, INC., et al.,1 ) Chapter 11 ) Hon. Douglas O. Tice, Jr. Debtors. ) ) AFFIDAVIT OF SERVICE OF KURTZMAN CARSON CONSULTANTS LLC OF SOLICITATION PACKAGES AND NON-VOTING PACKAGES ON HOLDERS OF CLAIMS AND NON-PUBLIC SECURITIES I, Patrick J. Morrow, depose and say under the penalty of perjury: 1. I am employed by Kurtzman Carson Consultants LLC (“KCC”), the Voting and Claims Agent for the above-captioned debtors (collectively, the “Debtors”). My business address is 2335 Alaska Ave, El Segundo, California, 90245. I am over the age of 18 and not a party to these proceedings. Except as otherwise noted, I could and would testify to the following based upon my personal knowledge. I submit this Affidavit in connection with the service of 1 The Debtors in these proceedings are: Movie Gallery, Inc.; Hollywood Entertainment Corporation; M.G. Digital, LLC; M.G.A. Realty I, LLC; MG Automation LLC; and Movie Gallery US, LLC. K&E 12525595. Solicitation Packages (as defined herein) for the Second Amended Joint Plan of Reorganization of Movie Gallery, Inc. and Its Debtor Subsidiaries Under Chapter 11 of the Bankruptcy Code [Docket No. 1471] (as amended from time to time, “the Plan”) and related documents.2 2. On October 18, 2007, the Court signed and entered an Order Authorizing the Employment and Retention of Kurtzman Carson Consultants LLC as Notice, Claims and Balloting Agent for the Debtors and Debtors In Possession [Docket No. 112], among other things, designating KCC as the official Voting and Claims Agent for the Debtors. 3. KCC is charged with the duty of printing and distributing Solicitation Packages to creditors and other interested parties pursuant to the procedures (the “Solicitation Procedures”) set forth in the Order Approving the Debtors’ Disclosure Statement and Relief Related Thereto [Docket No. 1426] entered by the Court on February 5, 2008 (the “Disclosure Statement Order”). 4. The Court-approved solicitation package consists of the following (collectively, the “Solicitation Package”): a. a cover letter, substantially in the form attached as Exhibit B to the Notice of Amended Exhibits to the Motion of the Debtors for an Order Approving the Debtors’ Disclosure Statement and Related Relief [Docket No. 1408] (the “Notice of Amended Exhibits”): (i) describing the contents of the Solicitation Package and instructions on how paper copies of any materials that may be provided in CD-ROM format can be obtained at no charge; (ii) explaining that the Plan Supplement will be filed on or before five Business Days before the Confirmation Hearing; and (iii) urging the Holders in each of the Voting Classes to vote to accept the Plan; b. a letter from the Committee urging the Holders in each of the Voting Classes to vote to accept the Plan; 2 Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Plan or the Solicitation Procedures, as applicable. 2 K&E 12525595. c. an appropriate form of Ballot and/or Master Ballot and Ballot Instructions with respect thereto, if applicable (with a pre-addressed, postage prepaid return envelope); d. a copy of the Confirmation Hearing Notice; e. a copy of the Solicitation Procedures; f. the Disclosure Statement Order (with the Solicitation Procedures, which are Exhibit 1 attached thereto) in CD-ROM format; and g. the approved form of the Disclosure Statement (together with the Plan, which is Exhibit A thereto) in CD-ROM format. 5. On February 22, 2008, at my direction and under my supervision, employees of KCC sent, via U.S. First Class Mail, copies of the Solicitation Package and a Class 3 Ballot to the Holders of Class 3 First Lien Claims, which list of such Holders was provided to KCC by counsel to the First Lien Administrative Agent in accordance with the Solicitation Procedures. 6. On February 22, 2008, at my direction and under my supervision, employees of KCC sent, via U.S. First Class Mail, copies of the Solicitation Package and a Class 4 Ballot to the Holders of Class 4 Second Lien Claims, which list of such Holders was provided to KCC by counsel to the Second Lien Administrative Agent in accordance with the Solicitation Procedures. 7. On February 22, 2008, at my direction and under my supervision, employees of KCC sent, via U.S. First Class Mail, copies of the Solicitation Package and a Class 5 Ballot to the list of Holders of Class 5 Studio Claims listed on Exhibit A attached hereto. 8. On February 22, 2008, at my direction and under my supervision, employees of KCC sent, via U.S. First Class Mail, copies of the Solicitation Package and a Class 7A Ballot to the Holders of Class 7A General Unsecured Claims Against Movie Gallery, Inc. listed on Exhibit B attached hereto. 3 K&E 12525595. 9. On February 22, 2008, at my direction and under my supervision, employees of KCC sent, via U.S. First Class Mail, copies of the Solicitation Package and a Class 7B Ballot to the Holders of Class 7B General Unsecured Claims Against Movie Gallery US, LLC listed on Exhibit C attached hereto. 10. On February 22, 2008, at my direction and under my supervision, employees of KCC sent, via U.S. First Class Mail, copies of the Solicitation Package and a Class 7C Ballot to the Holders of Class 7C General Unsecured Claims Against M.G.A. Realty I, LLC listed on Exhibit D attached hereto. 11. On February 22, 2008, at my direction and under my supervision, employees of KCC sent, via U.S. First Class Mail, copies of the Solicitation Package and a Class 7D Ballot to the Holders of Class 7D General Unsecured Claims Against M.G. Digital, LLC listed on Exhibit E attached hereto. 12. On February 22, 2008, at my direction and under my supervision, employees of KCC sent, via U.S. First Class Mail, copies of the Solicitation Package and a Class 7E Ballot to the Holders of Class 7E General Unsecured Claims Against Hollywood Entertainment Corporation listed on Exhibit F attached hereto. 13. On February 22, 2008, at my direction and under my supervision, employees of KCC sent, via U.S. First Class Mail, copies of the Solicitation Package and a Class 7F Ballot to the Holders of Class 7F General Unsecured Claims Against MG Automation LLC listed on Exhibit G attached hereto. 14. On February 22, 2008, at my direction and under my supervision, employees of KCC sent, via U.S. First Class Mail, copies of the Confirmation Hearing Notice (as defined in 4 K&E 12525595. the Disclosure Statement) and the Notice of Non-Voting Status with Respect to Unclassified Claims and Unimpaired Classes Deemed to Accept the Plan, substantially in the form attached as Exhibit F-1 to the Notice of Amended Exhibits to the parties listed on Exhibit H attached hereto. 15. On February 22, 2008, at my direction and under my supervision, employees of KCC sent, via U.S. First Class Mail, copies of the Confirmation Hearing Notice, the Disclosure Statement Order (with the Solicitation Procedures, which are Exhibit 1 attached thereto) in CD-ROM format and the approved form of the Disclosure Statement (together with the Plan, which is Exhibit A thereto) in CD-ROM format to the parties listed on Exhibit I attached hereto. 16. On or before February 29, 2008, at my direction and under my supervision, employees of KCC sent, via U.S. First Class Mail, copies of the Confirmation Hearing Notice to parties, the list of which is not practical to include as an exhibit and is available from KCC by calling (888) 647-1730 (reference Creditor Matrix as of February 29, 2008). 5 K&E 12525595. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief. Dated: March 12, 2008 ___________________________________ Patrick J. Morrow Kurtzman Carson Consultants LLC State of California, County of Los Angeles State of California County of Los Angeles Subscribed and sworn to (or affirmed) before me on this 12th day of March, 2008, by Patrick J. Morrow, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature: _____________________ Vanessa Quiñones 6 K&E 12525595. Submitted by: /s/ Richard M. Cieri (NY 4207122) KIRKLAND & ELLIS LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4611 Telephone: (212) 446-4800 Facsimile: (212) 446-4900 and Anup Sathy, P.C. (IL 6230191) Marc J. Carmel (IL 6272032) KIRKLAND & ELLIS LLP 200 East Randolph Drive Chicago, Illinois 60601-6636 Telephone: (312) 861-2000 Facsimile: (312) 861-2200 and Michael A. Condyles (VA 27807) Peter J. Barrett (VA 46179) Ronald A. Page, Jr. (VA 71343) KUTAK ROCK LLP Bank of America Center 1111 East Main Street, Suite 800 Richmond, Virginia 23219-3500 Telephone: (804) 644-1700 Facsimile: (804) 783-6192 Co-Counsel to the Debtors 7 K&E 12525595.