Case 3:16-Bk-02232-JAF Doc 188 Filed 09/16/19 Page 1 of 2
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Case 3:16-bk-02232-JAF Doc 188 Filed 09/16/19 Page 1 of 2 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION IN RE: CHAPTER 11 Premier Exhibitions, Inc., et al.,1 Case No. 3:16-bk-02232-JAF (Jointly Administered) Debtors. CERTIFICATE OF SERVICE I hereby certify that on September 13, 2019, I served or caused to be served via United States Mail, first class postage prepaid, the Notice of Adjournment of (A) Hearing to Consider (I) Final Approval of Debtors' Disclosure Statement (II) Confirmation of Debtors' Plan of Liquidation and (III) Final Applications for Professional Compensation; and (B) Certain Deadlines Associated Therewith (Docket No. 186) in the form attached hereto as Exhibit A2 on the parties and at the addresses shown on Exhibit B hereto. 1 The Debtors in the chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification number include: Premier Exhibitions, Inc. (4922); Premier Exhibitions Management, LLC (3101); Arts and Exhibitions International, LLC (3101); Premier Exhibitions International, LLC (5075); Premier Exhibitions NYC, Inc. (9246); Premier Merchandising, LLC (3867), and Dinosaurs Unearthed Corp. (7309). The Debtors’ service address is c/o Troutman Sanders LLP, 600 Peachtree Street NE, Suite 3000, Atlanta, GA 30308. 2 The notice filed at Docket No. 186 is the same as the notice the Debtors served (attached hereto as Exhibit A), except for the penultimate paragraph. In the penultimate paragraph of the notice the Debtors served, the applicable changes to the injunction and exculpation provisions of the Debtors' amended plan are shown in redline, whereas the notice filed at Docket No. 186 inadvertently omitted the redline. The notices are the same in all other respects. 40150827 Case 3:16-bk-02232-JAF Doc 188 Filed 09/16/19 Page 2 of 2 Dated: September 16, 2019 NELSON MULLINS RILEY & SCARBOROUGH LLP By: /s/ Lee D. Wedekind, III Lee D. Wedekind, III, FL Bar No. 670588 50 N. Laura Street Suite 4100 Jacksonville, FL 32202 Telephone: 904.665.3656 Facsimile: 904.665.3699 Co-Counsel for Debtors and Debtors in Possession -and- TROUTMAN SANDERS LLP By: /s/Matthew R. Brooks Matthew R. Brooks (admitted pro hac vice) 600 Peachtree St. NE Suite 3000 Atlanta, GA 30308 Telephone: 404.885.3000 Facsimile: 404.885.3900 Counsel for Debtors and Debtors in Possession - 2 - 40150827 Case 3:16-bk-02232-JAF Doc 188-1 Filed 09/16/19 Page 1 of 9 EXHIBIT A 40150827 Case 3:16-bk-02232-JAF Doc 188-1 Filed 09/16/19 Page 2 of 9 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION IN RE: Premier Exhibitions, Inc.; Case No. 3:16-bk-02232-JAF Premier Exhibitions Management, LLC; Case No. 3:16-bk-02233-JAF Premier Exhibitions International, LLC; Case No. 3:16-bk-02234-JAF Premier Exhibitions NYC, Inc.; Case No. 3:16-bk-02235-JAF Premier Merchandising, LLC; Case No. 3:16-bk-02236-JAF Dinosaurs Unearthed Corp.; Case No. 3:16-bk-02237-JAF Arts and Exhibitions International, LLC; Case No. 3:16-bk-02238-JAF (JOINTLY ADMINISTERED Debtors. UNDER LEAD CASE 3:16-bk-02232) NOTICE OF ADJOURNMENT OF (A) HEARING TO CONSIDER (I) FINAL APPROVAL OF DEBTORS’ DISCLOSURE STATEMENT (II) CONFIRMATION OF DEBTORS’ PLAN OF LIQUIDATION AND (III) FINAL APPLICATIONS FOR PROFESSIONAL COMPENSATION; AND (B) CERTAIN DEADLINES ASSOCIATED THEREWITH TO: ALL PARTIES IN INTEREST PLEASE TAKE NOTICE THAT, on June 13, 2019, the United States Bankruptcy Court for the Middle District of Florida (the "Court") entered an Order (Docket No. 111) (the "Disclosure Statement Order") which, among other things: (i) preliminarily approved the Disclosure Statement to Accompany Plan of Liquidation of the Debtors under Chapter 11 of the Bankruptcy Code (Docket No. 82) (the “Disclosure Statement”) and permitted its use by the above-captioned debtors and debtors- in-possession (the “Debtors”) in soliciting acceptances or rejections of the Plan of Liquidation of the Debtors under Chapter 11 of the Bankruptcy Code (Docket No. 81) (the “Original Plan”) and accompanying Liquidating Trust Agreement (as Exhibit A to the Original Plan, the "Original Liquidating Trust Agreement"); -and- 40147520 Case 3:16-bk-02232-JAF Doc 188-1 Filed 09/16/19 Page 3 of 9 (ii) scheduled a combined hearing to consider (a) final approval of the Disclosure Statement and (b) confirmation of the Plan (together, the "Combined Hearing") on September 12, 2019 at 10:00 AM (prevailing Eastern Time) before the Honorable Jerry A. Funk, United States Bankruptcy Court Judge, in Courtroom 4D of the Bankruptcy Court, 300 North Hogan Street, Jacksonville, Florida, 32202. PLEASE TAKE FURTHER NOTICE THAT, on September 11, 2019, the Debtors filed the First Amended Plan of Liquidation of the Debtors under Chapter 11 of the Bankruptcy Code (the "Amended Plan") and accompanying revised Liquidating Trust Agreement (the "Revised Liquidating Trust Agreement") (Docket No. 183; Schedule 1). PLEASE TAKE FURTHER NOTICE THAT, on September 11, 2019, the Debtors filed redline comparisons reflecting the cumulative changes between (i) the Original Plan and the Amended Plan (the "Plan Redline") and (ii) the Original Liquidating Trust Agreement and Revised Liquidating Trust Agreement (the "Trust Redline") (Docket No. 183; Schedules 2 and 3, respectively). PLEASE TAKE FURTHER NOTICE THAT, pursuant to a hearing held on September 12, 2019 at 11:00 a.m. to consider the Debtors' motion (Docket No. 177) seeking, among other things, a continuance of the Combined Hearing, THE COMBINED HEARING AND CERTAIN RELATED DEADLINES HAVE BEEN CONTINUED AND RESCHEDULED as set forth below (all times prevailing Eastern Time): Event Original Date Rescheduled Date Combined Hearing Hearing to Consider September 12, 2019 at 10:00 a.m. October 11, 2019 at 10:00 a.m. Final Applications for Professional Compensation1 Deadline to File September 11, 2019 October 10, 2019 Confirmation Brief2 Deadline to File Voting September 10, 2019 October 9, 2019 Report3 1 Docket Nos. 143, 144, 148, 149, 150, 151, 152, 155, 156, 158, 160. 2 This is a deadline for the Debtors; it does not affect any other party herein. 3 This is a deadline for the Debtors; it does not affect any other party herein. - 2 - 40147520 Case 3:16-bk-02232-JAF Doc 188-1 Filed 09/16/19 Page 4 of 9 Event Original Date Rescheduled Date Objection Deadline August 29, 2019 at 4:00 p.m. with respect to the Amended Plan4 October 4, 2019 at 4:00 p.m. Deadline to Submit September 5, 2019 at 4:00 p.m. Amended Ballot5 PLEASE TAKE FURTHER NOTICE THAT, to the extent you wish to object to the Amended Plan, your objection must: (a) be in writing; (b) conform to the Bankruptcy Rules and Local Bankruptcy Rules; (c) state your name and address as well as the nature of your claim against or interest in the Debtors; (d) state with particularity the basis and nature of your objection to the Amended Plan and, if practicable, a proposed modification to the Amended Plan that would resolve any such objection; and (e) be filed with the Court and served so that it is actually received by no later than OCTOBER 4, 2019 at 4:00 p.m. by: Counsel to the Debtors Counsel to the Creditors' Committee Harris B. Winsberg, Esq. Jeffrey Chubak, Esq. Matthew R. Brooks, Esq. Avery Samet, Esq. TROUTMAN SANDERS LLP STORCH AMINI PC 600 Peachtree St. NE 140 East 45th St. Suite 3000 25th Floor Atlanta, GA 30308 New York, NY 10017 ANY OBJECTIONS TO THE AMENDED PLAN NOT TIMELY FILED AND RECEIVED BY OCTOBER 4, 2019 AT 4:00 P.M. MAY BE DEEMED OVERRULED. PLEASE TAKE FURTHER NOTICE THAT, if you have already submitted a ballot, you may re-vote, if desired, by: (i) requesting a replacement ballot (an "Amended Ballot") from the Debtors (at the contact information set forth below); and (ii) properly completing, executing, and returning (or uploading via eBallot) your Amended Ballot so that it is actually received by the Clerk's Office by no later than OCTOBER 4, 2019 at 4:00 p.m. eBallot Physical Filing Address Follow the instructions located at 300 North Hogan Street https://pacer.flmb.uscourts.gov/cmecf/ballots/ Suite 3-150 submission.asp Jacksonville, FL 32202 FAILURE TO SUBMIT YOUR AMENDED BALLOT ON OR BEFORE OCTOBER 4, 2019 AT 4:00 P.M. AND/OR ANY FAILURE TO COMPLY WITH THE VOTING 4 This deadline does not apply to the United States Trustee, who may file and serve objections to the Amended Plan (including, for the avoidance of doubt, the resolution of professional compensation applications contained therein), if any, until the Combined Hearing. 5 As set forth herein, this deadline has been extended to enable voting creditors to change their previously cast ballot. - 3 - 40147520 Case 3:16-bk-02232-JAF Doc 188-1 Filed 09/16/19 Page 5 of 9 INSTRUCTIONS MAY RESULT IN THE DISQUALIFICATION OF YOUR AMENDED BALLOT AND YOUR VOTE. PLEASE TAKE FURTHER NOTICE THAT you do not need to submit an Amended Ballot if you do not wish to change your vote. If you previously submitted a ballot and you do not submit an Amended Ballot, your vote will remain the same. PLEASE TAKE FURTHER NOTICE THAT the Combined Hearing (rescheduled to October 11, 2019 at 10:00 a.m. (prevailing Eastern Time)) will take place before the Honorable Jerry A. Funk, United States Bankruptcy Court Judge, in Courtroom 4D of the Bankruptcy Court, 300 North Hogan Street, Jacksonville, Florida, 32202. The Combined Hearing may be continued from time to time by announcement in open court or filed on the docket. In accordance with the Amended Plan, the Amended Plan or Disclosure Statement may be modified, if necessary, prior to, during or as a result of the Combined Hearing, without further notice.