In the United States Bankruptcy Court for the District of Delaware
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11 PERKINS & MARIE CALLENDER’S INC.,1 et al., Case No. 11-11795 (KG) Jointly Administered Debtors. Ref. Docket Nos. 204 and 745 NOTICE OF (I) CERTAIN AMENDMENTS TO SCHEDULES OF ASSETS AND LIABILITIES OF PERKINS & MARIE CALLENDER’S INC. AND (II) BAR DATE FOR AFFECTED PARTIES TO FILE PROOFS OF CLAIMS TO: (I) THE U.S. TRUSTEE; (II) COUNSEL TO THE COMMITTEE; (III) COUNSEL TO THE AGENT FOR THE DEBTORS’ PRE-PETITION CREDIT FACILITY AND POST-PETITION DEBTOR-IN-POSSESSION FINANCING FACILITY; (IV) COUNSEL TO THE INDENTURE TRUSTEE FOR THE SENIOR SECURED NOTES; (V) COUNSEL TO THE INDENTURE TRUSTEE FOR THE SENIOR NOTES; (VI) COUNSEL TO THE RESTRUCTURING SUPPORT PARTIES; (VII) THE AFFECTED PARTIES; AND (VIII) ALL PARTIES THAT, AS OF THE FILING OF THIS NOTICE, HAVE REQUESTED NOTICE IN THESE CHAPTER 11 CASES PURSUANT TO BANKRUPTCY RULE 2002. PLEASE TAKE NOTICE THAT: Pursuant to Rule 1009(a) of the Federal Rules of Bankruptcy Procedure and Rule 1009-2 of the Local Rules of Bankruptcy Practice and Procedure for the United States Bankruptcy Court for the District of Delaware, Perkins & Marie Callender’s Inc. (f/k/a The Restaurant Company) (“PMCI”), one of the debtors and debtors in possession in the above-captioned cases (each, a “Debtor,” and collectively, the “Debtors”), hereby provides notice (this “Notice”) (i) that it has amended its Schedules of Assets and Liabilities [Docket No. 204] (the “PMCI Schedules”) initially filed in these chapter 11 cases (the “Chapter 11 Cases”) on July 11, 2011, as set forth in this Notice and the attached exhibits, and (ii) of the deadline for Affected Parties (as defined below) to file Proofs of Claims (as defined below) on account of such amendments. Amended PMCI Schedules Attached hereto as Exhibit 1, Exhibit 2 and Exhibit 3 (collectively, the “Exhibits”) are certain amendments (the “PMCI Schedule F Amendments”)2 to Schedule F (“PMCI Schedule F”) of the PMCI Schedules: 1 The Debtors, together with the last four digits of each Debtor’s federal tax identification number, are: Perkins & Marie Callender’s Inc. (4388); Perkins & Marie Callender’s Holding Inc. (3999); Perkins & Marie Callender’s Realty LLC (N/A); Perkins Finance Corp. (0081); Wilshire Restaurant Group LLC (0938); PMCI Promotions LLC (7308); Marie Callender Pie Shops, Inc. (7414); Marie Callender Wholesalers, Inc. (1978); MACAL Investors, Inc. (4225); MCID, Inc. (2015); Wilshire Beverage, Inc. (5887); and FIV Corp. (3448). The mailing address for the Debtors is 6075 Poplar Avenue, Suite 800, Memphis, TN 38119. 2 In reviewing the PMCI Schedule F Amendments, please refer to the Global Notes and Statement of Limitations, Methodology and Disclaimer Regarding the Debtors’ Schedules of Assets and Liabilities and Statements of Financial Affairs (the “Global Notes”) filed with the Amended PMCI Schedules (as defined below). The Global Notes are incorporated in this Notice, the Exhibits, and the PMCI Schedule F Amendments by reference as if fully set forth therein. YCST01: 11335419.1 070242.1001 (a) The parties listed on the attached Exhibit 1 (the “PMCI Schedule F Amended Parties”) were previously included in PMCI Schedule F, but the Debtors are amending the classification and/or amount of the claims scheduled for the PMCI Schedule F Amended Parties, as provided for on the attached Exhibit 1. (b) The parties listed on the attached Exhibit 2 (the “PMCI Schedule F Removed Parties”) were previously included in PMCI Schedule F, but upon further review the Debtors are now removing the claims previously scheduled for the PMCI Schedule F Removed Parties, as provided for on the attached Exhibit 2. (c) The parties listed on the attached Exhibit 3 (the “PMCI Schedule F Added Parties”) were previously omitted from PMCI Schedule F, but upon further review the Debtors are now scheduling claims for the PMCI Schedule F Added Parties in the classification and amount provided for on the attached Exhibit 3. A complete copy of the amended PMCI Schedules (the “Amended PMCI Schedules”), which have been amended solely on account of the PMCI Schedule F Amendments and certain amendments to Schedule B2 and Schedule G of the PMCI Schedules, has been filed in the Chapter 11 Cases at Docket No. 745. Copies of the Amended PMCI Schedules and the Bar Date Order (as defined below) are available for inspection during regular business hours at the Office of the Clerk of the United States Bankruptcy Court for the District of Delaware, 3rd Floor, 824 N. Market Street, Wilmington, DE 19801. In addition, copies may be viewed on the internet for a fee at the Court’s website (http://www.deb.uscourts.gov/) by following directions for accessing the Court’s electronic filing system on such website, or free of charge on the website (http://www.PRKMCRestructuring.com) of Omni Management Group, LLC (“Omni”), the claims, noticing and balloting agent in these Chapter 11 Cases. Amended PMCI Schedules Bar Date Under that certain Order Pursuant To Sections 501 and 502(b)(9) of the Bankruptcy Code and Bankruptcy Rule 3003(c)(3) Establishing the Deadline for Filing Proofs of Claim and Approving the Form and Manner of Notice Thereof [Docket No. 174] (the “Bar Date Order”), the PMCI Schedule F Amended Parties, the PMCI Schedule F Removed Parties, and the PMCI Schedule F Added Parties (each, an “Affected Party,” and collectively, the “Affected Parties”) must file a proof of claim (each, a “Proof of Claim”) in these Chapter 11 Cases prior to September 7, 2011 at 4:00 p.m. (prevailing Eastern Time)3 (the “Amended PMCI Schedules Bar Date”) if: (a) an Affected Party’s prepetition claim4 against the Debtors is not listed in the PMCI Schedule F Amendments (i.e., if an Affected Party is one of the PMCI Schedule F Removed Parties) or an Affected Party’s prepetition claim is listed in the PMCI Schedule F Amendments but is listed therein as disputed, contingent or unliquidated and the Affected Party desires to participate in these Chapter 11 Cases or share in any distribution under any confirmed chapter 11 plan in these Chapter 11 Cases; and 3 Notwithstanding the terms of this Notice and the Amended PMCI Schedules Bar Date, in accordance with the Bar Date Order, any governmental unit, as defined in section 101(27) of the Bankruptcy Code, that is an Affected Party shall have until December 12, 2011 at 4:00 p.m. (prevailing Eastern Time) to file a Proof of Claim in these Chapter 11 Cases. 4 As used in this Notice, the term “claim” shall mean, as to or against the Debtors and in accordance with section 101(5) of the Bankruptcy Code: (a) any right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, legal, equitable, secured or unsecured; or (b) any right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured or unsecured. 2 YCST01: 11335419.1 070242.1001 (b) an Affected Party believes that its prepetition claim is improperly classified in the PMCI Schedule F Amendments or is listed in an incorrect amount and the Affected Party desires to have its prepetition claim allowed in a classification or amount other than that identified in the PMCI Schedule F Amendments. The Bar Date Order provides that, among others, the following Affected Parties need not file Proofs of Claim prior to the Amended PMCI Schedules Bar Date: (a) any Affected Party whose prepetition claim is listed in the PMCI Schedule F Amendments (i.e., an Affected Party is not one of the PMCI Schedule F Removed Parties) and (i) whose prepetition claim is not described thereon as “disputed,” “contingent,” or “unliquidated,” (ii) who does not dispute the amount or classification of the prepetition claim set forth in the PMCI Schedule F Amendments, and (iii) who does not dispute that the prepetition claim is an obligation of the specific Debtor against which the prepetition claim is listed in the PMCI Schedule F Amendments; and (b) any Affected Party whose prepetition claim has been paid in full by the Debtors. Procedures for Affected Parties to File Proofs of Claims and Consequences of Failure to File a Proof of Claim Any Proof of Claim must be filed by an Affected Party so as to be actually received prior to the Amended PMCI Schedules Bar Date, at the following address: Perkins & Marie Callender’s Claims Processing c/o Omni Management Group, LLC 16161 Ventura Blvd., Suite C PMB 446 Encino, CA 91436 A Proof of Claim will be deemed timely only if the original Proof of Claim is mailed or delivered by hand, courier or overnight service so as to be actually received by Omni prior to the Amended PMCI Schedules Bar Date. Proofs of Claim may not be sent by facsimile, telecopy, electronic mail or other form of electronic transmission. An Affected Party which wishes to receive acknowledgement of receipt of its Proof of Claim may submit a copy of the Proof of Claim and a self-addressed, stamped envelope to Omni along with the original Proof of Claim. If an Affected Party files a Proof of Claim, its Proof of Claim must: (a) be written in the English language; (b) be denominated in lawful currency of the United States as of June 13, 2011, which is the date these Chapter 11 Cases were commenced; (c) conform substantially to the enclosed Proof of Claim form or Official Bankruptcy Form No.