In the United States Bankruptcy Court for the Eastern District of Virginia Richmond Division
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Case 20-33332-KLP Doc 287 Filed 09/02/20 Entered 09/02/20 15:14:05 Desc Main Document Page 1 of 65 IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION ) In re: ) Chapter 11 ) LE TOTE, INC., et al.,1 ) Case No. 20-33332 (KLP) ) ) (Jointly Administered) Debtors. ) ) AFFIDAVIT OF SERVICE I, James Nguyen-Phan, depose and say that I am employed by Stretto, the claims & noticing agent for the Debtors in the above-captioned cases. On August 28, 2020, 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 A, and via electronic mail on the service list attached hereto as Exhibit B: • Final Order (I) Authorizing the Debtors to Maintain, Renew, or Supplement Their Insurance Policies and Honor All Obligations in Respect Thereof and (II) Granting Related Relief (Docket No. 249) • Final Order (I) Authorizing the Debtors to (A) Continue to Operate Their Cash Management System, (B) Honor Certain Prepetition Obligations Related Thereto, (C) Maintain Existing Business Forms, and (D) Perform Intercompany Transactions, and (II) Granting Related Relief (Docket No. 250) • Final Order (I) Approving Debtors’ Proposed Adequate Assurance of Payment for Future Utility Services, (II) Prohibiting Utility Companies from Altering, Refusing, or Discontinuing Services, (III) Approving Debtors’ Proposed Procedures for Resolving Additional Assurance Requests, and (IV) Granting Related Relief (Docket No. 251) • Final Order (A) Approving Notification and Hearing Procedures for Certain Transfers of and Declarations of Worthlessness with Respect to Common Stock and (B) Granting Related Relief (Docket No. 256) • Final Order (I) Authorizing the Debtors to (A) Pay Prepetition Wages, Salaries, Other Compensation, and Reimbursable Expenses and (B) Continue Employee Benefits Programs, and (II) Granting Related Relief (Docket No. 257) 1 A complete list of each of the Debtors in these chapter 11 cases may be obtained on the website of the Debtors’ claims and noticing agent at http://cases.stretto.com/LeTote. The location of the Debtors’ service address is 250 Vesey Street, 22nd Floor, New York, New York 10281. Case 20-33332-KLP Doc 287 Filed 09/02/20 Entered 09/02/20 15:14:05 Desc Main Document Page 2 of 65 • Final Order (I) Authorizing the Debtors to Maintain and Administer Their Existing Customer Programs and Honor Certain Prepetition Obligations Related Thereto and (II) Granting Related Relief (Docket No. 258) • Final Order (I) Authorizing the Payment of Certain Prepetition and Postpetition Taxes and Fees and (II) Granting Related Relief (Docket No. 259) • Final Order (I) Authorizing the Debtors to Pay Prepetition Claims of (A) Critical Vendors, (B) 503(b)(9) Claimants, and (C) Lien Claimants, (II) Granting Administrative Expense Priority to All Undisputed Obligations on Account of Outstanding Orders, and (III) Granting Related Relief (Docket No. 260) • Final Order (I) Extending Time to File Schedules and Statements of Financial Affairs, (II) Authorizing the Debtors to File a Consolidated List of Creditors in Lieu of Submitting a Separate Mailing Matrix for Each Debtor, (III) Authorizing the Debtors to File a Consolidated List of the Debtors’ Thirty Largest Unsecured Creditors, (IV) Authorizing the Debtors to Redact Certain Personal Identification Information, and (V) Granting Related Relief (Docket No. 264) • Order (I) Extending Time for Performance of Obligations Arising Under Unexpired Non-Residential Real Property Leases and (II) Granting Related Relief (Docket No. 265) • Final Order (I) Authorizing the Debtors to Assume the Consulting Agreement, (II) Authorizing and Approving the Conduct of Store Closing Sales, with Such Sales to Be Free and Clear of All Liens, Claims, and Encumbrances, (III) Authorizing Customary Bonuses to Employees of Closing Stores, (IV) Authorizing and Approving the Store Closing Procedures, and (V) Granting Related Relief (Docket No. 266) • Order (I) Authorizing and Approving Procedures to Reject or Assume Executory Contracts and Unexpired Leases and (II) Granting Related Relief (Docket No. 267) • Final Order (I) Authorizing Use of Cash Collateral and Affording Adequate Protection; (II) Modifying Automatic Stay; and (III) Granting Related Relief (Docket No. 268) • Order (I) Establishing Bidding Procedures, (II) Scheduling Bid Deadlines and Auctions, (III) Approving the Form and Manner of Notice Thereof, and (IV) Granting Related Relief (Docket No. 269) [SPACE LEFT INTENTIONALLY BLANK] Case 20-33332-KLP Doc 287 Filed 09/02/20 Entered 09/02/20 15:14:05 Desc Main Document Page 3 of 65 • Notice of Motions and Notice of Hearing (Docket No. 271) Furthermore, on August 28, 2020, at my direction and under my supervision, employees of Stretto caused the following document to be served via first class mail on the service list attached hereto as Exhibit C, and via electronic mail on the service list attached hereto as Exhibit D: • Final Order (I) Authorizing the Debtors to Maintain, Renew, or Supplement Their Insurance Policies and Honor All Obligations in Respect Thereof and (II) Granting Related Relief (Docket No. 249) Furthermore, on August 28, 2020, at my direction and under my supervision, employees of Stretto caused the following document to be served via first class mail on the service list attached hereto as Exhibit E, and via electronic mail on the Silicon Valley Bank at [email protected]: • Final Order (I) Authorizing the Debtors to (A) Continue to Operate Their Cash Management System, (B) Honor Certain Prepetition Obligations Related Thereto, (C) Maintain Existing Business Forms, and (D) Perform Intercompany Transactions, and (II) Granting Related Relief (Docket No. 250) Furthermore, on August 28, 2020, at my direction and under my supervision, employees of Stretto caused the following document to be served via first class mail on the service list attached hereto as Exhibit F, and via electronic mail on the service list attached hereto as Exhibit G: • Final Order (I) Approving Debtors’ Proposed Adequate Assurance of Payment for Future Utility Services, (II) Prohibiting Utility Companies from Altering, Refusing, or Discontinuing Services, (III) Approving Debtors’ Proposed Procedures for Resolving Additional Assurance Requests, and (IV) Granting Related Relief (Docket No. 251) Furthermore, on August 28, 2020, at my direction and under my supervision, employees of Stretto caused the following document to be served via first class mail on the service list attached hereto as Exhibit H, and via electronic mail on the service list attached hereto as Exhibit I: • Final Order (A) Approving Notification and Hearing Procedures for Certain Transfers of and Declarations of Worthlessness with Respect to Common Stock and (B) Granting Related Relief (Docket No. 256) Furthermore, on August 28, 2020, at my direction and under my supervision, employees of Stretto caused the following document to be served via first class mail on the service list attached hereto as Exhibit J, and via electronic mail on the service list attached hereto as Exhibit K: • Final Order (I) Authorizing the Payment of Certain Prepetition and Postpetition Taxes and Fees and (II) Granting Related Relief (Docket No. 259) Case 20-33332-KLP Doc 287 Filed 09/02/20 Entered 09/02/20 15:14:05 Desc Main Document Page 4 of 65 Furthermore, on August 28, 2020, at my direction and under my supervision, employees of Stretto caused the following document to be served via first class mail on the service list attached hereto as Exhibit L, and via electronic mail on the service list attached hereto as Exhibit M: • Order (I) Extending Time for Performance of Obligations Arising Under Unexpired Non-Residential Real Property Leases and (II) Granting Related Relief (Docket No. 265) Furthermore, on August 28, 2020, at my direction and under my supervision, employees of Stretto caused the following document to be served via first class mail on the service list attached hereto as Exhibit N, and via electronic mail on the service list attached hereto as Exhibit O: • Final Order (I) Authorizing the Debtors to Assume the Consulting Agreement, (II) Authorizing and Approving the Conduct of Store Closing Sales, with Such Sales to Be Free and Clear of All Liens, Claims, and Encumbrances, (III) Authorizing Customary Bonuses to Employees of Closing Stores, (IV) Authorizing and Approving the Store Closing Procedures, and (V) Granting Related Relief (Docket No. 266) Furthermore, on August 28, 2020, at my direction and under my supervision, employees of Stretto caused the following document to be served via first class mail on the service list attached hereto as Exhibit P, and via electronic mail on Corporation Service Company, as Representative at [email protected]: • Final Order (I) Authorizing Use of Cash Collateral and Affording Adequate Protection; (II) Modifying Automatic Stay; and (III) Granting Related Relief (Docket No. 268) [SPACE LEFT INTENTIONALLY BLANK] Case 20-33332-KLP Doc 287 Filed 09/02/20 Entered 09/02/20 15:14:05 Desc Main Document Page 5 of 65 Case 20-33332-KLP Doc 287 Filed 09/02/20 Entered 09/02/20 15:14:05 Desc Main Document Page 6 of 65 Exhibit A Case 20-33332-KLP Doc 287 Filed 09/02/20 Entered 09/02/20 15:14:05 Desc Main Document Page 7 of 65 Exhibit A Served Via First-Class Mail NAME ATTENTION ADDRESS 1 ADDRESS 2 CITY STATE ZIP COUNTRY 360I LLC ATTN: KARLA FIGUEROA JP MORGAN CHASE- LOCKBOX 4 CHASE METROTECH 7TH FLR E BROOKLYN NY 11245 ALEX APPAREL GROUP, INC. ATTN: CELIA BONIFAZ 1400 BROADWAY 10TH FLOOR NEW YORK NY 10018 ALVAREZ & MARSAL PRIVATE EQUITY PERFORMANCE IMPROVEMENT GROUP, LLC 600 MADISON AVENUE 8TH FLOOR NEW YORK NY 10022 BETSY N ADAM ATTN: VITTORIA PERALTA 1412 BROADWAY SUITE NEW YORK NY 10018 CALERES,INC ATTN: KATE TIDYMAN 51 WAKEFIELD STREET ROCHESTER NH 03867 CHANEL INC ATTN: LUZ PARRA 876 CENTENNIAL AVENUE PISCATAWAY NJ 08855 CHRISTIAN DIOR INTIMATES ATTN: JO ANN GARLAND 371 HOES LANE PISCATAWAY PISCATAWAY NJ 08854 CRITEO CORP 100 AVENUE OF THE AMERICAS 5TH FLOOR NEW YORK NY 10013 DESIGNER FRAGRANCE ATTN: BRUNO ALYSSA 77 DEANS RHODE HALL ROAD MONMOUTH NJ 08852 ESTEE LAUDER INC.