ARCAPITA BANK B.S.C.(C), Et Al., : : Jointly Administered Debtors

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ARCAPITA BANK B.S.C.(C), Et Al., : : Jointly Administered Debtors 12-11076-shl Doc 1155 Filed 05/24/13 Entered 05/24/13 18:50:25 Main Document Pg 1 of 52 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x : Chapter 11 IN RE: : : Case No. 12-11076 (SHL) ARCAPITA BANK B.S.C.(c), et al., : : Jointly Administered Debtors. : : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss COUNTY OF NASSAU ) I, Donna M. Zeiser, being duly sworn, depose and state: 1. I am a Senior Project Manager with GCG, Inc., the claims and noticing agent for the debtors and debtors-in-possession (the “Debtors”) in the above-captioned proceeding. Our business address is 1985 Marcus Avenue, Suite 200, Lake Success, New York 11042-1013. 2. On May 17, 2013, at the direction of Gibson, Dunn & Crutcher LLP (“Gibson Dunn”), counsel for the Debtors, I caused true and correct copies of the following documents to be served by e-mail on the parties identified on Exhibit A annexed hereto (Assumed Contract Counterparties and Related Parties)1 and by first class mail on the parties identified on Exhibit B annexed hereto (Assumed Contract Counterparties and Related Parties): Notice of (I) Assumption and Possible Assignment of Executory Contracts and Unexpired Leases, (II) Cure Amounts, and (III) Deadline to Object to Cure Amounts and Assumption and Assignment [as customized for individual Assumed 1 Assumed Contract Counterparties and Related Parties include certain assumed contract counterparties provided by the Debtors and its professionals, additional notice parties related thereto and additional parties that filed a Notice of Appearance in these cases on behalf of an assumed contract counterparty. In addition, certain contract counterparties identified by the Debtors as investors or employees have their names and addresses appear in a redacted format on Exhibits A, B and D for confidentiality purposes. 12-11076-shl Doc 1155 Filed 05/24/13 Entered 05/24/13 18:50:25 Main Document Pg 2 of 52 Contract Counterparties, a form of which is annexed hereto as Exhibit C] (the “Cure Notice”) 3. On May 20, 2013, also at the direction of Gibson Dunn, I caused true and correct customized copies of the Cure Notice to be served by overnight delivery on the parties identified on Exhibit D annexed hereto (Assumed Contract Counterparties and Related Parties). /s/Donna M. Zeiser Donna M. Zeiser Sworn to before me this 24th day of May, 2013 /s/Kevin M. Doyle Kevin M. Doyle Notary Public, State of New York No. 02DO6173767 Qualified in Suffolk County Commission Expires September 4, 2015 12-11076-shl Doc 1155 Filed 05/24/13 Entered 05/24/13 18:50:25 Main Document Pg 3 of 52 EXHIBIT A 12-11076-shl Doc 1155 Filed 05/24/13 Entered 05/24/13 18:50:25 Main Document Pg 4 of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`MQQMabWaM2UZN MNOPQR ]^WP__PYS`MQQMabWaM2UZN 4(5!)'#($' ,* '%( ')(!63)- (!6'$('6 +F, 7,!$ #2 B)0**0$D (6E2 52,2 /,C <998>< A(""(- 4)-( K &!))($ ""5 43/!0 D3$0'(4 !)!/ (#0)!'(6 >9<9 A 6')((' $&D 630'( :99 MNOPQR 46!"",3#S(!6'$('62+,# &!6%0$B',$D 4+ J999@ MNOPQR ]^WP__PYS`MQQMabWaM2UZN (#5",-(( 899: (#5",-(( 899: G!44)(66 ,$ *0"(H G!44)(66 ,$ *0"(H 0$;(6',) <8=>? 0$;(6',) <8=@9 G!44)(66 ,$ *0"(H G!44)(66 ,$ *0"(H A!-( 6+%,"() ""5 #!* 4!"A0! /!%)!0$ 6252+ !''$ !$4)(& !2 A)(66D (6E2 #!* 4!"A0! #044"( (!6' :J< 5!)A !;( 4(0)! +0'- +($')( J$4 *",,) $(& -,)AD $- 899JJ 5, /,C JJ@9@ MNOPQR O`WMTTS`OaMTUVZQMW2UZN 4(0)! 43/!0 3!( MNOPQR !#366!""!#S4!"A0!2!( #!* 4!"A0! /!%)!0$ 6252+ 5!)!B,$ 52,2 /,C 8?I:: 52,2 /,C J8J@I #!$!#! DA0$B4,# ,* /!%)!0$ #!$!#! DA0$B4,# ,* /!%)!0$ MNOPQR *)!#!"%(0)!S4!"A0!2!( MNOPQR 5!)!B,$S/!'("+,2+,#2/% 12-11076-shl Doc 1155 Filed 05/24/13 Entered 05/24/13 18:50:25 Main Document Pg 5 of 52 &0""A0( *!)) K B!""!B%() ""5 &0""A0( *!)) K B!""!B%() ""5 !''$ !"!$ 72 "05A0$D (6E2 !''$ !$4)(& (2 6+%&!)'cD (6E2 @?@ 6(;($'% !;( @?@ 6(;($'% !;( $(& -,)AD $- 8998= $(& -,)AD $- 8998= MNOPQR OQPd`PYSePQQ`PM2UZN MNOPQR OTUVeOWXfSePQQ`PM2UZN &0""A0( *!)) K B!""!B%() ""5 &0""A0( *!)) K B!""!B%() ""5 !''$ 7,6(5% B2 #0$0!6D (6E2 !''$ #!)B,' /2 6+%,$%,"'cD (6E2 @?@ 6(;($'% !;( @?@ 6(;($'% !;( $(& -,)AD $- 8998=LI9== $(& -,)AD $- 8998=LI9== MNOPQR ]NPYPOTSePQQ`PM2UZN MNOPQR NTUVZYVZQXfSePQQ`PM2UZN 12-11076-shl Doc 1155 Filed 05/24/13 Entered 05/24/13 18:50:25 Main Document Pg 6 of 52 EXHIBIT B Exhibit C 12-11076-shl Doc 1155 Filed 05/24/13 Entered 05/24/13 18:50:25 Main Document Pg 7 of 52 Name Address 3I INVESTMENTS PLC 16 PALACE STREET LONDON SW1E 5JD,UNITED KINGDOM 3L COMPANY, LTD C/O DLA PIPER LLP (US) ATTN: ERIC H. WANG 2000 UNIVERSITY AVENUE EAST PALO ALTO CA 94404 3L COMPANY, LTD C/O KEMFLO INTERNATIONAL CO., LTD. NO. 3 HUAN E ST., DA ZHOU, PINGTUNG 900 ATTN BRUCE Y. LEE, VP BSS. STRAT&DVLPMT TAIWAN, PROVINCE OF CHINA AB RESPOND INDUSTRY PELARNEVAGEN 6. S-59083 STOREBRO ,SWEDEN ABC ISLAMIC BANK (E.C.) P.O. BOX 2808 MANAMA ,KINGDOM OF BAHRAIN ABC ISLAMIC BANK (E.C.) PO BOX 2808 MANAMA ,KINGDOM OF BAHRAIN ABU DHABI COMMERCIAL BANK PO BOX 939 ABU DHABI ,UNITED ARAB EMIRATES ABU DHABI COMMERCIAL BANK PJSC AL SALAM ST. P.O. BOX 939 ABU DHABI ,UNITED ARAB EMIRATES ABU DHABI COMMERCIAL BANK PJSC AL SALAM ST. P.O. BOX 939 ABU DHABI ,UNITED ARAB EMIRATES ABU DHABI ISLAMIC BANK AL BATEEN ROAD PO BOX 313 ABU DHABI ,UNITED ARAB EMIRATES ABU DHABI NATIONAL EXHIBITIONS COMPANY PJSC P.O. BOX 5546 ABU DHABI ,UNITED ARAB EMIRATES ACCUTEST RESEARCH LABORATORIES (I) PVT LTD 2235 US HIGHWAY 130 DAYTON NJ 08810 ACE AMERICAN INSURANCE COMPANY C/O ACE BOND SERVICES WA10G 436 WALNUT ST. PHILADELPHIA PA 19106-3703 ACE AMERICAN INSURANCE COMPANY C/O ACE BOND SERVICES WA10G, 436 WALNUT ST. PHILADELPHIA PA 19106 ACE EUROPEAN GROUP LIMITED C/O ACE BOND SERVICES WA10G 436 WALNUT ST. PHILADELPHIA PA 19106-3703 ACE EUROPEAN GROUP LIMITED C/O ACE BOND SERVICES WA10G, 436 WALNUT ST. PHILADELPHIA PA 19106-3703 ACE INA INSURANCE COMPANY C/O ACE BOND SERVICES WA10G 436 WALNUT ST. PHILADELPHIA PA 19106-3703 ACE INA INSURANCE COMPANY C/O ACE BOND SERVICES WA10G, 436 WALNUT ST. PHILADELPHIA PA 19106 ACE PROPERTY AND CASUALTY INSURANCE CO C/O ACE BOND SERVICES WA10G 436 WALNUT ST. PHILADELPHIA PA 19106-3703 ACE PROPERTY AND CASUALTY INSURANCE CO C/O ACE BOND SERVICES WA10G, 436 WALNUT ST. PHILADELPHIA PA 19106 ADAM STREET PARTNERS LLC ONE NORTH WACKER DRIVE, SUITE 2200 ATTN JEFFREY AKERS CHICAGO IL 60606-2823 ADENIUM ENERGY CAPITAL 7TH FLOOR, ENTRANCE 2, MANAMA CENTRE, GOVERNMENT A MANAMA ,KINGDOM OF BAHRAIN AL HILAL BANK PO BOX 63111 ABU DHABI ,UNITED ARAB EMIRATES AL HILAL BANK PO BOX 63111 ABU DHABI ,UNITED ARAB EMIRATES AL MANHAL WATER FACTORY (BAHRAIN) W.L.L P.O. BOX 54581 MANAMA ,KINGDOM OF BAHRAIN AL MASHFA HOSPITAL P.O. BOX 126536 JEDDAH ,SAUDI ARABIA AL MOAYYED COMPUTERS P.O. BOX 26259 MANAMA ,KINGDOM OF BAHRAIN AL MUNTAZAH P.O.BOX 512 MANAMA ,KINGDOM OF BAHRAIN AL RAJHI CAPITAL CO & ARC REAL ESTATE C/O ARCAPITA BANK B.S.C.(C), P.O. BOX 1406 BATELCO COMMERICAL CENTRE 8TH FLOOR AL KHALIFA AVENUE, BUILDING 114, BLOCK 304 MANAMA, BAHRAIN AL RAJHI CAPITAL CO & ARC REAL ESTATE C/O ARCAPITA BANK B.S.C.(C), P.O. BOX 1406 BATELCO COMMERICAL CENTRE 8TH FLOOR AL KHALIFA AVENUE, BUILDING 114, BLOCK 304 MANAMA, BAHRAIN AL RAJHI CAPITAL CO & ARC REAL ESTATE INCOME FUND KING FAHAD ROAD AND MUSA BIN NUSSAIR ST P.O. BOX 5561 RIYADH 11432,KINGDOM OF SAUDI ARABIA AL RAJHI CAPITAL CO & ARC REAL ESTATE INCOME FUND,C/O AL RAJHI CAPITAL COMPANY KING FAHAD ROAD AND MUSA BIN NUSSAIR ST P.O. BOX 5561 RIYADH, 11431 KINGDOM OF SAUDI ARABIA AL RAJHI CAPITAL COMPANY C/O ARCAPITA BANK B.S.C.(C), P.O. BOX 1406 BATELCO COMMERICAL CENTRE 8TH FLOOR AL KHALIFA AVENUE, BUILDING 114, BLOCK 304 MANAMA, BAHRAIN AL RAJHI CAPITAL COMPANY C/O ARCAPITA BANK B.S.C.(C), P.O. BOX 1406 BATELCO COMMERICAL CENTRE 8TH FLOOR AL KHALIFA AVENUE, BUILDING 114, BLOCK 304 MANAMA, BAHRAIN AL RAJHI CAPITAL COMPANY KING FAHAD ROAD AND MUSA BIN NUSSAIR ST P.O. BOX 5561 RIYADH 11432,KINGDOM OF SAUDI ARABIA AL RAJHI CAPITAL COMPANY KING FAHAD ROAD AND MUSA BIN NUSSAIR ST P.O. BOX 5561 RIYADH 11432,KINGDOM OF SAUDI ARABIA AL RAJHI DEVELOPMENT COMPANY C/O ARCAPITA BANK B.S.C.(C), P.O. BOX 1406 BATELCO COMMERICAL CENTRE 8TH FLOOR AL KHALIFA AVENUE, BUILDING 114, BLOCK 304 MANAMA, BAHRAIN Page 1 of 20 Exhibit C 12-11076-shl Doc 1155 Filed 05/24/13 Entered 05/24/13 18:50:25 Main Document Pg 8 of 52 Name Address AL RAJHI DEVELOPMENT COMPANY OLAY'A MAIN STREET P.O. BOX 28 RIYADH 11411,KINGDOM OF SAUDI ARABIA ALMOAYYED TRADING & CONTRACTING P.O.
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  • The Rise of Latham & Watkins
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