IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF TENNESSEE IN RE: ) ) Case No. 3:20-bk-03138 OLD TIME POTTERY, LLC, ) Chapter 11 ) Judge Marian F. Harrison Debtor. )
IN RE: ) ) Case No. 3:20-bk-03139 OTP HOLDINGS, LLC, ) Chapter 11 ) Judge Marian F. Harrison Debtor. )
THE DEADLINE FOR FILING A TIMELY RESPONSE IS: July 21, 2020 IF A RESPONSE IS TIMELY FILED, THE HEARING WILL BE HELD ON July 28, 2020 at 9:00 a.m., in Courtroom 3, 2nd Floor, Customs House, 701 Broadway, Nashville, Tennessee.
NOTICE OF MOTION TO EXTEND TIME TO ASSUME OR REJECT NONRESIDENTIAL REAL PROPERTY LEASES Old Time Pottery, LLC and its affiliate Debtor, OTP Holdings, LLC (collectively “Old Time Pottery”, the “Company”, or the “Debtors”), as debtors and debtors-in-possession, by and through their undersigned counsel, have asked the court for entry of an order extending the time to assume or reject nonresidential real property leases. YOUR RIGHTS MAY BE AFFECTED. If you do not want the court to grant the attached application by entering the attached order, or if you want the court to consider your views on the application, then on or before the response date stated above, you or your attorney must: 1. File with the court your response or objection explaining your position. Please note: the Bankruptcy Court for the Middle District of Tennessee requires electronic filing. Any response or objection you wish to file must be submitted electronically. To file electronically, you or your attorney must go to the court website and follow the instructions at:
Case 3:20-bk-03138 Doc 43 Filed 06/29/20 Entered 06/29/20 16:44:38 Desc Main Document Page 1 of 17
Date: June 29, 2020 Respectfully submitted,
/s/ Glenn B. Rose Paul G. Jennings, TN Bar No. 14367 Glenn B. Rose, TN Bar No. 10598 Gene L. Humphreys, TN Bar No. 21807 Michael C. Tackeff, TN Bar No. 36953 Bass, Berry & Sims PLC 150 Third Avenue South, Suite 2800 Nashville, TN 37201 Telephone (615) 742-6200 Facsimile (615) 742-6293 [email protected] [email protected] [email protected] [email protected]
Proposed Counsel for Debtor
2
Case 3:20-bk-03138 Doc 43 Filed 06/29/20 Entered 06/29/20 16:44:38 Desc Main Document Page 2 of 17
IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION
IN RE: ) ) Case No. 3:20-bk-03138 OLD TIME POTTERY, LLC, ) Chapter 11 ) Judge Marian F. Harrison Debtor. )
IN RE: ) ) Case No. 3:20-bk-03138 OTP HOLDINGS, LLC, ) Chapter 11 ) Judge Marian F. Harrison Debtor. )
MOTION TO EXTEND TIME TO ASSUME OR REJECT NONRESIDENTIAL REAL PROPERTY LEASES
Old Time Pottery, LLC and its affiliate Debtor, OTP Holdings, LLC (collectively “Old Time
Pottery”, the “Company”, or the “Debtors”), as debtors and debtors-in-possession, by and through
their undersigned counsel, respectfully request pursuant to section 365(d)(4) of title 11 of the U.S.
Code (the “Bankruptcy Code”) for entry of an order substantially in the form attached as Exhibit A
(the “Proposed Order”): (i) extending the time within which the Debtors may assume or reject
unexpired leases of nonresidential real property for ninety (90) days, through and including January
25, 2021, or such later date as may be agreed upon in writing between a Debtor and the applicable lessor (the “Extended 365 Lease Deadline”), and (ii) granting related relief. In support of this motion
(the “Motion”), the Debtors respectfully state:
Case 3:20-bk-03138 Doc 43 Filed 06/29/20 Entered 06/29/20 16:44:38 Desc Main Document Page 3 of 17
JURISDICTION AND VENUE
1. The Court has jurisdiction to consider this matter pursuant to 28 U.S.C. §§ 157 and
1334. This is a core proceeding under 28 U.S.C. § 157(b). Venue is proper in this district pursuant to
28 U.S.C. §§ 1408 and 1409.
2. The statutory predicate for the relief requested herein is section 365(d)(4) of the
Bankruptcy Code.
BACKGROUND
3. Old Time Pottery is a retailer headquartered in Murfreesboro, Tennessee focused on
selling home décor and seasonal items. As of the Petition Date, the Company operates 43 retail locations located in 11 states. Old Time Pottery was performing well prior to the shutdown of
American retailers caused by the COVID-19 pandemic; however, the COVID-19 related shutdown caused Company sales to decline precipitously beginning in mid-March. As a result, the Company furloughed most of its employees and took immediate steps to conserve cash. The Company’s business has improved as stay-at-home restrictions ease and more home décor shoppers venture out, but the Company believes that reorganizing under Chapter 11 of the Bankruptcy Code will be in the best long-term interest of all constituencies and allow Old Time Pottery to emerge stronger. The
Debtors’ Chapter 11 voluntary petitions were filed on June 28, 2020 (the “Petition Date”).
RELIEF REQUESTED AND BASIS FOR RELIEF
4. The Debtors are parties to approximately 45 leases of nonresidential real property
(collectively, the “Leases”), where the Debtors operate their business, either retail stores or company
headquarters or warehouse space. A list of the Debtors’ Leases, including the address of the leased
property (collectively, the “Leased Properties”) and the respective landlord (collectively, the
2
Case 3:20-bk-03138 Doc 43 Filed 06/29/20 Entered 06/29/20 16:44:38 Desc Main Document Page 4 of 17
“Landlords”) for the Leased Properties is attached as Exhibit B. As a result of the economic shutdown due to COVID-19, the Debtors have prepetition amounts owing to Landlords. In addition, by separate first-day motion, the Debtors sought approval to begin certain store closing sales, which could affect what Leases the Debtors choose to assume as part of their Chapter 11 reorganization.
5. The current date by which the Debtors have to move to assume the Leases under section 365(d)(4) of the Bankruptcy Code is 120 days after the Petition Date, which is October 26, 2020,
(the “Existing 365(d)(4) Deadline”). Without limitation, extending the Existing 365(d)(4) Deadline by ninety (90) days, to January 25, 2021, will ensure that the Debtors have adequate time to evaluate fully each of their leases and to negotiate cure periods and any amendments to the Leases that may be necessary for the
Debtors’ successful reorganization. Accordingly, an extension of the Existing 365(d)(4) Deadline is in the best interests of the Debtors’ estates.
6. In particular, the Debtors and their advisors need significant time to discuss issues with their many landlords in order to determine which Leases should ultimately be assumed as part of the Debtors’ reorganization. The Debtors need additional time in order to achieve the best results for the benefit of all creditors and parties-in-interest in the Debtors’ reorganization. To the extent the Debtors cannot reach a reasonable accommodation from some Landlords, the Debtors’ business judgment and the best interests of the estate may lead the Debtors to conclude that certain additional stores be closed and certain additional Leases be rejected.
7. Furthermore, prompt extension of this deadline is a requirement of the Debtors’ DIP Credit
Agreement. The DIP Lenders want and need assurances that the Debtors have adequate time to reorganize their business and are not rushed into a decision to assume or reject their leases.
8. Section 365(d)(4) of the Bankruptcy Code provides a 120-day deadline by which the Debtors must assume or reject nonresidential real property leases:
(A) Subject to subparagraph (B), an unexpired lease of nonresidential
3
Case 3:20-bk-03138 Doc 43 Filed 06/29/20 Entered 06/29/20 16:44:38 Desc Main Document Page 5 of 17
real property under which the debtor is the lessee shall be deemed rejected, and the trustee shall immediately surrender that nonresidential real property to the lessor, if the trustee does not assume or reject the unexpired lease by the earlier of – (i) the date that is 120 days after the date of the order for relief; or (ii) the date of the entry of an order confirming a plan
11 U.S.C. §365(d)(4). The court may extend the period for 90 days on the motion of the trustee or lessor for cause:
(B)(i) The court may extend the period determined under subparagraph (A), prior to the expiration of the 120-day period, for 90 days on the motion of the trustee or lessor for cause.
Id. The Bankruptcy Code does not define what constitutes “cause” for extending the time period for
assuming or rejecting leases under section 365(d)(4)(B)(i).
9. Courts have identified numerous factors that may be considered when determining whether there is “cause” for extending the deadline under section 365(d)(4). See, e.g., South St. Seaport L.P. v. Burger
Boys, Inc., 94 F.3d 755, 761 (2d Cir. 1996) (considering the complexity of the debtors’ cases and the number of leases the debtors needed to evaluate); In re Adelphia Commc’ns Corp., 291 B.R. 283, 293 (Bankr. S.D.N.Y.
2003) (identifying sufficiency of time to formulate a reorganization plan, importance of the contract to the debtor’s business, and potential damage to the non-debtor party as factors to consider); In re Service
Merchandise Co., Inc., 256 B.R. 744, 748 (Bankr. M.D. Tenn. 2000) (identifying nine factors including
“whether the case is exceptionally complex and involves a large number of leases”). Ultimately, there is no exclusive list of factors to consider and courts are left with a great deal of discretion in ruling on a motion to extend the deadline under section 365(d)(4). See Service Merchandise, 256 B.R. at 748.
10. Cause exists here to extend the section 365(d)(4) time period for an additional 90 days.
As discussed above, the Debtors and their professionals need time to negotiate with their many
Landlords to resolve issues relating to past due rent and possible modification of lease terms in order to minimize the number of Leases that must be rejected and to maximize the Debtors’ prospects going
4
Case 3:20-bk-03138 Doc 43 Filed 06/29/20 Entered 06/29/20 16:44:38 Desc Main Document Page 6 of 17
forward. The Debtors require additional time to determine whether favorable lease modifications can be obtained, and in some cases, if such terms cannot be obtained, the Debtors may decide that the best interests of the estate are for particular additional stores to be closed and particular Leases rejected. The requested extension of time does not adversely affect the substantive rights of the lessors. See, e.g., In re Am. Healthcare Mgmt., Inc., 900 F.2d 827, 832 (5th Cir. 1990) (“[A]n order extending the time for a debtor to assume or reject a lease merely preserves the status quo[.]”) (internal quotations omitted).
11. Furthermore, the Leases are critical to the Debtors’ reorganization. The Debtors anticipate that they will assume many of the Leases, but the Debtors need time to fully evaluate the
Leases and to attempt to negotiate modifications that may be necessary to comply with a plan of reorganization. If the Debtors prematurely reject Leases, or are deemed to reject Leases by operation of section 365(d)(4), the Debtors would lose valuable assets that are essential to the Debtors’ ongoing operations and reorganization prospects.
12. In sum, cause exists for the Court to extend the time within which the Debtors may assume or reject any of the Leases for an additional ninety (90) days, through and including January
25, 2021, without prejudice to the Debtors’ right to seek further extensions of such deadline, in accordance with section 365(d)(4) of the Bankruptcy Code.
13. The Debtors further request that this Court deem the Debtors to have complied with section
365(d)(4) if (a) the Debtors file a motion, or any other Court approved notice, to assume or reject a Lease, or
(b) the Debtors identify Leases for assumption or rejection as part of a proposed chapter 11 plan. Courts have consistently held that a debtor assumes a nonresidential real property lease for purposes of meeting the applicable section 365(d)(4) deadline simply by filing a motion to assume within such time period. See, e.g.,
Cousins Props. v. Treasure Isles HC, Inc. (In re Treasure Isles HC, Inc.), 462 B.R. 645, 649 (B.A.P. 6th Cir.
2011) (collecting authority and stating “almost every pre-BAPCPA case addressing this issue holds that a
5
Case 3:20-bk-03138 Doc 43 Filed 06/29/20 Entered 06/29/20 16:44:38 Desc Main Document Page 7 of 17
[debtor] need only file its motion to assume the lease prior to the deadline under 11 U.S.C. § 365(d)(4)” and that “post-BAPCPA cases addressing this issue continue to hold” the same); City of Akron v. Akron Thermal,
Ltd. P’ship (In re Akron Thermal, Ltd. P’ship), 414 B.R. 193, 206–07 (N.D. Ohio 2009) (affirming bankruptcy court’s ruling that “[t]he deadline in § 365(d)(4)(A) is not a deadline for the court’s determination of the issue”); In re Citrus Tower Blvd. Imaging Ctr., LLC, No. 11-70284- MGD, 2012 WL 1820814, at *3 (Bankr.
N.D. Ga. Apr. 2, 2012) (motion to assume filed on last day of extended time period was timely under section
365(d)(4)); see also In re James River Coal Co., Case No. 14-31848, ECF No. 586 (Bankr. E.D. Va. Aug. 26,
2014) (ordering that leases shall not be deemed rejected under section 365(d)(4) irrespective of whether the court has entered an order granting or denying motion to assume lease before extended deadline); In re Patriot
Coal Corp., Case No. 12-12900 (SCC), ECF No. 1465 (Bankr. S.D.N.Y. Oct. 23, 2012) (same).
CONCLUSION
WHEREFORE, the Debtors respectfully request that this Court enter an order substantially in the form attached hereto as Exhibit A granting the relief requested and such other and further relief as it deems just and proper.
6
Case 3:20-bk-03138 Doc 43 Filed 06/29/20 Entered 06/29/20 16:44:38 Desc Main Document Page 8 of 17
Respectfully submitted,
/s/ Glenn B. Rose Paul G. Jennings, TN Bar No. 14367 Glenn B. Rose, TN Bar No. 10598 Gene L. Humphreys, TN Bar No. 21807 Michael C. Tackeff, TN Bar No. 36953 Bass, Berry & Sims PLC 150 Third Avenue South, Suite 2800 Nashville, TN 37201 Telephone (615) 742-6200 Facsimile (615) 742-6293 [email protected] [email protected] [email protected] [email protected]
Proposed Counsel for Debtors
7
Case 3:20-bk-03138 Doc 43 Filed 06/29/20 Entered 06/29/20 16:44:38 Desc Main Document Page 9 of 17
EXHIBIT A
PROPOSED ORDER
1
Case 3:20-bk-03138 Doc 43 Filed 06/29/20 Entered 06/29/20 16:44:38 Desc Main Document Page 10 of 17
IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION
IN RE: ) ) Case No. 3:20-bk-03138 OLD TIME POTTERY, LLC, ) Chapter 11 ) Judge Marian F. Harrison Debtor. )
IN RE: ) ) Case No. 3:20-bk-03139 OTP HOLDINGS, LLC, ) Chapter 11 ) Judge Marian F. Harrison Debtor. )
ORDER GRANTING MOTION TO EXTEND TIME TO ASSUME OR REJECT NONRESIDENTIAL REAL PROPERTY LEASES
Upon consideration of the motion (the “Motion”)1of the above-captioned debtors and debtors-in-possession (collectively, the “Debtors”) pursuant to section 365(d)(4) of title 11 of the
United States Code (the “Bankruptcy Code”), requesting entry of an order: (i) extending the time in which the Debtors may assume or reject the Leases (as defined herein) for ninety (90) days, through and including January 25, 2021, or such later date as may be agreed in writing between a
Debtor and the applicable lessor, as more fully described in the Motion the Court, having determined that the relief sought in the Motion is in the best interest of the Debtors, their creditors, and their
1 Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Motion.
2
Case 3:20-bk-03138 Doc 43 Filed 06/29/20 Entered 06/29/20 16:44:38 Desc Main Document Page 11 of 17
estates, and it that appearing that the notice of the Motion was provided pursuant to Local Rule 9013-
1 and that there were no objections to the Motion, and for good cause shown,
IT IS HEREBY ORDERED as follows:
1. The Motion is GRANTED as set forth herein.
2. The time within which the Debtors may assume or reject any Debtors’ leases of nonresidential real property, including, without limitation the Leases identified in the Schedules and the Motion, pursuant to § 365(d)(4) of the Bankruptcy Code, is extended by ninety (90) days through and including January 25, 2021, or such later date as may be agreed in writing between a Debtor and the applicable lessor without the need for further notice to parties in interest or order of the Court
(the “Extended 365 Lease Deadline”).
3. Any Leases proposed to be assumed or rejected by the Debtors by (a) a motion or other Court-approved notice filed on or before the Extended 365 Lease Deadline, or (b) pursuant to a plan of reorganization filed before the Extended 365 Lease Deadline (including identifying any such Leases for assumption on an exhibit or addendum to a plan of reorganization before the
Extended 365 Lease Deadline), shall not be deemed rejected under § 365(d)(4) of the Bankruptcy
Code irrespective of whether the Court has entered an order (x) granting or denying any such motion to assume or reject a Lease, or (y) confirming any such plan of reorganization by the Extended 365
Lease Deadline, and such Lease shall be assumed or rejected only upon further order of the Court approving such assumption or rejection.
4. Nothing in the Motion or this Order shall be deemed or construed as (a) an assumption or rejection of any agreement, contract, or lease pursuant to § 365 of the Bankruptcy Code or (b) an admission with respect to whether any Debtors’ contracts or leases are executory
3
Case 3:20-bk-03138 Doc 43 Filed 06/29/20 Entered 06/29/20 16:44:38 Desc Main Document Page 12 of 17
contracts, unexpired leases, or unexpired leases of nonresidential real property under § 365 of the
Bankruptcy Code.
5. This Order is without prejudice to the right of the Debtors to request an additional extension of time to assume or reject any leases of nonresidential real property.
6. This Order shall be effective immediately upon entry.
7. The Debtors are authorized to take all actions necessary to effectuate the relief granted pursuant to this Order in accordance with the Motion.
8. This Court shall retain jurisdiction to hear and determine all matters arising from or related to this Order.
This order was signed and entered electronically as indicated at the top of the first page.
APPROVED FOR ENTRY:
Paul G. Jennings, TN Bar No. 14367 Glenn B. Rose, TN Bar No. 10598 Gene L. Humphreys, TN Bar No. 21807 Michael C. Tackeff, TN Bar No. 36953 Bass, Berry & Sims PLC 150 Third Avenue South, Suite 2800 Nashville, TN 37201 Telephone (615) 742-6200 Facsimile (615) 742-6293 [email protected] [email protected] [email protected] [email protected]
Proposed Counsel for Debtors
4
Case 3:20-bk-03138 Doc 43 Filed 06/29/20 Entered 06/29/20 16:44:38 Desc Main Document Page 13 of 17
EXHIBIT B
Case 3:20-bk-03138 Doc 43 Filed 06/29/20 Entered 06/29/20 16:44:38 Desc Main Document Page 14 of 17 Leased Real Property Premises:
Leased Premises Landlord Landlord Address 480 River Rock Boulevard, Spirit Master Funding IX, LLC Attn: Tyler Sorenson Murfreesboro, Tennessee, 37130 c/o Spirit Realty Capital, Inc. 2727 North Harwood St., Suite 300 Dallas, TX 75201 111 Gallatin Pike North, Madison, Kimco Realty Corporation 3333 New Hyde Park Road Suite Tennessee 37115 100 PO Box 5020 New Hyde Park, NY 11042-0020 4001 Government Blvd, Mobile, L L & T Properties, Ltd. 8081 Cottage Hill Road Alabama 36693 PO Box 69 Wilmer, AL 36587 2949 Canton Rd #100, Marietta, Stebri Enterprises Inc. 5288 Wynterhall Drive Georgia 30066 Dunwoody, GA 30338 7976 Alabama 59, Foley, Alabama Spirit Master Funding IX, LLC. c/o Spirit Realty Capital, Inc. 36535 2727 North Harwood St., Suite 300 Dallas, TX 75201 2200 Morse Road, Columbus, Ohio MC-NC, LLC c/o Walpert Properties 43229 Michael Hurwitz 12295 Olive Blvd St. Louis, MO 63141 7011 West 130th Street, Parma ATC Realty Sixteen, Inc. c/o Wells Fargo Bank Heights, Ohio 44130 Ms. Jami Bartolucci 301 S College Street Charlotte, NC 28202 4021 W. Commercial Boulevard, Sunshine MZL, LLC c/o Katz Properties, LLC Tamarac, Florida 33319 254 West 31st Street, 4th Floor New York, NY 1001 Unit #4, Colonial Fowler Plaza, 4450 Benderson Development c/o First Berkshire Business Trust Fowler Street, Fort Myers, Florida Company, LLC Attn: David H. Baldauf, Manager 33901 7978 Cooper Creek Boulevard, Suite 100 University Park, FL 34201 1081-1191 Smiley Avenue, Forest Duloc, LLC. 7791 Dixie Hwy Park, Ohio 45240 Florence, KY 41042 204 East State Rd. 436, Casselberry, Eiffel Tower Investments, LLC Attn: Abbaas L. Datoo Florida 32707 267 Bellagio Circle Sanford, FL 32771 42 Grandview Plaza, Florissant, Broadway Sycamore Partners, d/b/a Equimax Management Missouri 63033 LLC and Darlington Enterprises, 3415 S Sepulveda Blvd LLC Suite #400 Los Angeles, CA 90034 761 U.S. Hwy 98 East, Destin, FL Shanri Holdings Corp. c/o The Pelican Group 32541 917 Western America Circle Suite 503 Mobile, AL 33609-4110 8811 Hardegan Street, Indianapolis, Vanbarton Group, LLC Attn: Legal Department Indiana 46227 420 Lexington Avenue, Suite 900 New York, NY 10170 14221 East US Highway 40, #8, K & H Hawthorne, LLC Chris Hansen, VP Kansas City, Missouri 64136 46459 Roadrunner Road Fremont, CA 94539
Case 3:20-bk-03138 Doc 43 Filed 06/29/20 Entered 06/29/20 16:44:38 Desc Main Document Page 15 of 17 10087 E. Adamo Drive #50, Tampa, Brandon Crossing, LLC Attn: Williams S. Weisman, Florida 33619 Managing Member 140 N. Federal Highway, Suite 200 Boca Raton, FL 33432 3001 Pelham Parkway, Pelham, JBS of Prattville, LLC Attn: Matthew Hogan Alabama 35124 c/o JMS Realty, LLC 1761 Platt Place Montgomery, AL 36117 2425 Laurens Road, Greenville, South Verdae Properties, LLC 124 Verdae Blvd., Suite 502 Carolina 29607 Greenville, SC 29607 2500 Sardis Road N., Charlotte, North Sunland Properties, Inc. c/o Providence Group Management Carolina 28227 300 West Summit Avenue, Suite 250 Charlotte, NC 28203 11029 West Colonial Drive, Ocoee, CR Towne Square, LLC c/o Continental Realty Corporation Florida 34761 1427 Clarkview Road, Suite 500 Baltimore, MD 21209-2100 10785 Lincoln Trail Drive, Fairview Spirit Realty Capital, Inc. Attn: Portfolio Servicing Heights, IL 62208 2727 N Harwood, St, Ste #300 Dallas, TX 75201 4302 Shipyard Boulevard, ZP NO. 73, LLC 111 Princess St. Wilmington, NC 28403 Wilmington, NC 28401 5830 East State Street, Rockford, IL Marketplace of Rockford, LLC N 9274 Windy Way 61108 Mukwonago, WI 53149 1870 N. King’s Highway, Surfside Deerfield Myrtle Beach, LLC SODI, Inc. Beach, SC 29575 Attn: Pat Pearson & Gregg Fields 8402 Six Forks Road, Suite 201 Raleigh, NC 27615 8225 Broadway, Merrillville, IN IP-TL Century Plaza, LLC c/o Tri Land Developments, Inc. 46410 Attn: Richard F Dube One East Oak Hill Drive, Suite 302 Westmont, IL 60559 Melbourne Village Plaza, 1270 N. C & A LTD LC R Mark Addy Wickham Road, Melbourne, FL 32935 11501 Northlake Drive Cincinnati, OH 45249-1669 9076 Madison Blvd., Madison, AL Vishal, Inc. 5675 Jimmy Carter Blvd. 35758 Ste 500 Norcross, GA 30071 River Falls Mall, 951 East Lewis & CPP River Falls LLC and CPP 1313 Foothill Blvd, Suite 2 Clark Parkway, Clarksville IN 47129 River Falls II LLC, as tenants in La Canada Flintridge, CA 91011 common; 2735 Teaster Lane, Pigeon Forge, TN Pigeon River Crossings, LLC 3928 Maloney Rd 37863 Knoxville, TN 37920 5217 U.S. Highway 19, New Port G & I IX Southgate Shopping Attn: Legal Dept Richey, Florida 34652 Center, LLC 3200 North Military Trail, 4th Floor Boca Raton, FL 33431 1935 N. Neltnor Blvd., Suites 101- IRC Retail Centers By: IRC Retail Centers, Inc. 102, West Chicago, Illinois 60185 IRC Illinois, LLC Attn: Real Estate Legal 814 Commerce Drive, Suite 300 Oak Brook, IL 60523 8205 S. John Young Parkway, BZA FH Sand Lake, LLC 1400 Buford Hwy, Suite R-3 Orlando, Florida 32819 Sugar Hills, GA 30518 8939 S. Memorial Drive, Tulsa, Robson Properties Attn: Richard D Mosier Oklahoma 74133 310 S Missouri Claremore, OK 74017
Case 3:20-bk-03138 Doc 43 Filed 06/29/20 Entered 06/29/20 16:44:38 Desc Main Document Page 16 of 17 267 North Seven Oaks Drive, Dragul Receivership for Windsor c/o Tarantino Properties, Inc Knoxville, Tennessee 15, LLC Attn: Patrick Frese 7887 San Felip, Suite 237 Houston, TX 77063 380 Blanding Blvd., Jacksonville, Sears, Roebuck And Co. c/o Heritage Realty Trust Florida 32073 3333 Beverly Road, Dept. 824RE Hoffman Estates, IL 60179 3302 Bonita Beach Road, Bonita AAG Bonita Springs, LLC c/o Bon Aviv Investments, LLC Springs, Florida 34134 720 East Palisade Avenue Suite 201 Englewood Cliffs, NJ 07632 3020 SE Federal Highway, Stuart, FL Lakeworth Town Plaza, LLC 696 NE 125th Street 34994 North Miami, FL 33161 5065 N 9th Ave, Pensacola, FL 32504 Muffrey LLC & Mascot LLC 185 NW Spanish River Boulevard, Suite 100 Boca Raton, FL 33431 1300 W International Speedway Blvd, Gator Investments 7850 NW 146th St, 4th Floor Daytona, FL 32114 Gator Daytona Partners, Ltd Miami Lakes, FL 33016 Gator Daytona, Inc Its: General Partner 4665 66th Street North, Kenneth City, Plaza 66, LLC President: Dennis Udwin FL 33709 200 Lake Avenue, 2nd Floor Lake Worth Beach, FL 33460 1121 N Missouri Ave, Largo, FL KIMZAY of Florida, Inc c/o KIMCO Realty Corporation 33770 3333 New Hyde Park Road, Suite 100 PO Box 5020 New Hyde Park, NY 11042-0020 5900 Rivers Ave, North Charleston, Monarch Investments Group, c/o Monarch at North Charleston, SC 29406 LLC LLC 4828 Ashford Dunwoody Road, Suite 400 Atlanta, GA 30338 1748 B Skibo Rd, Fayetteville, NC Cross Creek Plaza, Inc Brian Armstrong, VP 28303 2709 Thorngrove Court, Suite 2 Fayetteville, NC 28303
Case 3:20-bk-03138 Doc 43 Filed 06/29/20 Entered 06/29/20 16:44:38 Desc Main Document Page 17 of 17