10-24549-rdd Doc 3348 Filed 02/03/12 Entered 02/03/12 23:10:46 Main Document Pg 1 of 83 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x : In re : Chapter 11 : THE GREAT ATLANTIC AND PACIFIC TEA : Case No. 10-24549 COMPANY, INC., et al.,1 : : : (Jointly Administered) Debtors. : ---------------------------------------------------------------x AFFIDAVIT OF SERVICE I, Melissa Loomis, depose and say that I am employed by Kurtzman Carson Consultants LLC (KCC), the claims and noticing agent for the Debtors. 1. On January 27h, 2012, at my direction and under my supervision, employees of KCC caused the following documents to be served via Overnight Mail on the service list attached hereto as Exhibit A and via Electronic Mail on the service list attached hereto as Exhibit B: • Order Authorizing and Approving Motion of the Debtors for Authority to Enter into Modifications to a Collective Bargaining Agreement with 1199SEIU United Healthcare Workers East [Docket No. 3288] 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification number, are: The Great Atlantic & Pacific Tea Company, Inc. (0974); 2008 Broadway, Inc. (0986); AAL Realty Corporation (3152); Adbrett Corporation (5661); Amsterdam Trucking Corporation (1165); APW Supermarket Corporation (7132); APW Supermarkets, Inc. (9509); Bergen Street Pathmark, Inc. (1604); Best Cellars DC Inc. (2895); Best Cellars Inc. (9550); Best Cellars Licensing Corp. (2896); Best Cellars Massachusetts, Inc. (8624); Best Cellars VA Inc. (1720); Bev, Ltd. (9046); Borman's Inc. (9761); Bridge Stuart, Inc. (8652); Clay-Park Realty Co., Inc. (0902); Compass Foods, Inc. (0653); East Brunswick Stuart, LLC (9149); Farmer Jack's of Ohio, Inc. (5542); Food Basics, Inc.(1210); Gramatan Foodtown Corp. (5549); Grape Finds At DuPont, Inc. (9455); Grape Finds Licensing Corp. (7091); Greenlawn Land Development Corp. (7062); Hopelawn Property I, Inc. (6590); Kohl's Food Stores, Inc. (2508); Kwik Save Inc. (8636); Lancaster Pike Stuart, LLC (9158); LBRO Realty, Inc. (1125); Lo-Lo Discount Stores, Inc. (8662); Mac Dade Boulevard Stuart, LLC (9155); McLean Avenue Plaza Corp. (5227); Milik Service Company, LLC (0668); Montvale Holdings, Inc. (6664); North Jersey Properties, Inc. VI (6586); Onpoint, Inc. (6589); Pathmark Stores, Inc. (9612); Plainbridge, LLC (5965); SEG Stores, Inc. (4940); Shopwell, Inc. (3304); Shopwell, Inc. (1281); Spring Lane Produce Corp. (5080); Super Fresh/Sav-A-Center, Inc. (0228); Super Fresh Food Markets, Inc. (2491); Super Market Service Corp. (5014); Super Plus Food Warehouse, Inc. (9532); Supermarkets Oil Company, Inc. (4367); The Food Emporium, Inc. (3242); The Old Wine Emporium of Westport, Inc. (0724); The South Dakota Great Atlantic & Pacific Tea Company, Inc (4647); Tradewell Foods of Conn., Inc. (5748); Upper Darby Stuart, LLC (9153); and Waldbaum, Inc. (8599). The location of the Debtors’ corporate headquarters is Two Paragon Drive, Montvale, New Jersey 07645 10-24549-rdd Doc 3348 Filed 02/03/12 Entered 02/03/12 23:10:46 Main Document Pg 2 of 83 • Order Extending the Debtors' Exclusive Periods to File and Solicit Votes for a Chapter 11 Plan Pursuant to Section 1121(d) of the Bankruptcy Code [Docket No. 3289] • Order Authorizing the Debtors to (A) Enter into an Exit Financing Commitment Letter, Arrangement Fee Letter and Administrative Agent Fee Letter in Connection with Exit Financing, (B) Pay Associated Fees and Expenses and (C) Furnish Related Indemnities [Docket No. 3290] • Agreed Order Granting Motion of Goya Foods, Inc. for Allowance of Administrative Priority Claim Under 11 U.S.C. § 503(b)(9) [Docket No. 3291] • Order Granting Debtors' Seventh Omnibus Motion Pursuant to Sections 363(b) and 365(a) of the Bankruptcy Code Authorizing the Debtors to Assume Certain Unexpired Leases and Related Subleases of Non-Residential Real Property [Docket No. 3292] • Order (I) Authorizing the Debtors to Apply the Court-Approved GOB Procedures to Conduct GOB Sales (II) Granting Related Relief [Docket No. 3294] • Supplement to the Declaration of Hugh E. Sawyer in Support of the Application for an Order Authorizing the Employment and Retention of Huron Consulting Services LLC as Financial Advisors to the Debtors Nunc Pro Tunc to the Commencement Date [Docket No. 3298] • Notice of Service of Assumption and Assignment Notice for the Lease of One Pathmark Plaza, Mount Vernon, New York, and Proposed Assumption and Assignment Order Pursuant to GOB Procedures [Docket No. 3299] • Notice of Service of Assumption and Assignment Notice for the Lease of 399 Ocean Avenue, Rockville Centre, New York and Proposed Assumption and Assignment Order Pursuant to GOB Procedures [Docket No. 3300] • Notice of Filing of Exhibits to the Plan Supplement for the Debtors' Joint Plan of Reorganization Pursuant to Chapter 11 of the United States Bankruptcy Code [Docket No. 3301] 2. Furthermore, on January 27th, 2012, at my direction and under my supervision, employees of KCC caused the following document to be served via First Class Mail on the service list attached hereto as Exhibit C: • Order Denying Motions for Extension of Time to File Late Proofs of Claim [Docket No. 3286] 2 10-24549-rdd Doc 3348 Filed 02/03/12 Entered 02/03/12 23:10:46 Main Document Pg 3 of 83 3. Furthermore, on January 27th, 2012, at my direction and under my supervision, employees of KCC caused the following document to be served via First Class Mail on the service list attached hereto as Exhibit D: • Order Granting Motion for Extension of Time to File Late Proof of Claim [Docket No. 3287] 4. Furthermore, on January 27th, 2012, at my direction and under my supervision, employees of KCC caused the following document to be served via First Class Mail on the service list attached hereto as Exhibit E: • Order Authorizing and Approving Motion of the Debtors for Authority to Enter into Modifications to a Collective Bargaining Agreement with 1199SEIU United Healthcare Workers East [Docket No. 3288] 5. Furthermore, on January 27th, 2012, at my direction and under my supervision, employees of KCC 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: • Order Authorizing the Debtors to (A) Enter into an Exit Financing Commitment Letter, Arrangement Fee Letter and Administrative Agent Fee Letter in Connection with Exit Financing, (B) Pay Associated Fees and Expenses and (C) Furnish Related Indemnities [Docket No. 3290] 6. Furthermore, on January 27th, 2012, at my direction and under my supervision, employees of KCC caused the following document to be served via First Class Mail on the service list attached hereto as Exhibit H: • Agreed Order Granting Motion of Goya Foods, Inc. for Allowance of Administrative Priority Claim Under 11 U.S.C. § 503(b)(9) [Docket No. 3291] 7. Furthermore, on January 27th, 2012, at my direction and under my supervision, employees of KCC caused the following document to be served via First Class Mail on the service list attached hereto as Exhibit I: • Order Granting Debtors' Seventh Omnibus Motion Pursuant to Sections 363(b) and 365(a) of the Bankruptcy Code Authorizing the Debtors to Assume Certain Unexpired Leases and Related Subleases of Non-Residential Real Property [Docket No. 3292] 8. Furthermore, on January 27th, 2012, at my direction and under my supervision, employees of KCC caused the following document to be served via First Class Mail on the service list attached hereto as Exhibit J: 3 10-24549-rdd Doc 3348 Filed 02/03/12 Entered 02/03/12 23:10:46 Main Document Pg 4 of 83 • Order (I) Authorizing the Debtors to Apply the Court-Approved GOB Procedures to Conduct GOB Sales (II) Granting Related Relief [Docket No. 3294] 9. Furthermore, on January 27th, 2012, at my direction and under my supervision, employees of KCC caused the following document to be served via Overnight Mail on the service list attached hereto as Exhibit K: • Notice of Service of Assumption and Assignment Notice for the Lease of One Pathmark Plaza, Mount Vernon, New York, and Proposed Assumption and Assignment Order Pursuant to GOB Procedures [Docket No. 3299] 10. Furthermore, on January 27th, 2012, at my direction and under my supervision, employees of KCC caused the following document to be served via Overnight Mail on the service list attached hereto as Exhibit L: • Notice of Service of Assumption and Assignment Notice for the Lease of 399 Ocean Avenue, Rockville Centre, New York and Proposed Assumption and Assignment Order Pursuant to GOB Procedures [Docket No. 3300] Dated: February 3, 2012 /s/ Melissa Loomis Melissa Loomis State of California County of Los Angeles Subscribed and sworn to (or affirmed) before me on this 3rd of February, 2012, by Melissa Loomis, proved to me on the basis of satisfactory evidence to be the person who appeared before me. Signature: __ /s/ Aimee M. Parel My Commission Expires: _ 09/27/2013___ 4 10-24549-rdd Doc 3348 Filed 02/03/12 Entered 02/03/12 23:10:46 Main Document Pg 5 of 83 Exhibit A 10-24549-rdd Doc 3348 Filed 02/03/12 Entered 02/03/12 23:10:46 Main Document Pg 6 of 83 Exhibit A Master Service List Served via Overnight Mail Party Description COMPANY CONTACT ADDRESS1 ADDRESS2 CITY STATE ZIP Official Committee of Unsecured Creditors 1199SEIU Healthcare Suzanne Hepner c o Levy Ratner PC 80 Eight Ave 8th Fl New York NY 10011-5126 Counsel to New York State Department of Assistant Attorney General for the State of Taxation and Finance New York Neal S Mann 120 Broadway 24th Fl New York NY 10271 Counsel to the Commonwealth of Pennsylvania, Department of Revenue, Bureau of Compliance Attorney General of Pennsylvania Carol E Momjian Office of the Attorney General 21 s 12th St 3rd Fl Philadelphia PA 19107-3603 Debtors' Prepetition Secured Lenders Bank of America, N.A.