Case: HJB Doc #: 1463 Filed: 03/17/15 Desc: Main Document Page 1 of 7 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE : : :

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1 Case HJB Doc # 1463 Filed 03/17/15 Desc Main Document Page 1 of 7 HEARING DATE May 12, 2015 at 11 a.m. (ET) OBJECTION DEADLINE April 16, 2015 at 4 p.m. (ET) UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE In re GT ADVANCED TECHNOLOGIES INC., et al., Debtors X Chapter 11 Case No HJB Jointly Administered Re Docket Nos. 564, 1065, 1102, 1125, 1414 NOTICE OF DEBTORS MOTION FOR SUMMARY JUDGMENT ON SECTION 503(B)(9) CLAIMS ASSERTED BY ADVANCED PROCESS SYSTEMS, LLC PLEASE TAKE NOTICE THAT, upon the annexed Debtors Motion for Summary Judgment on Section 503(b)(9) Claims Filed By Advanced Process Systems, LLC dated March 17, 2015 (the Motion ), Debtors will move this Court, before the Honorable Henry J. Boroff, United States Bankruptcy Judge, at the United States Bankruptcy Court for the District of Massachusetts, Boston Courtroom, McCormack Post Office & Court House, 12th Floor, 5 Post Office Square, Boston, MA. (the Bankruptcy Court ) on May 12, 2015 at 1100 a.m. (Eastern Time), or as soon thereafter as counsel may be heard, for an order (i) granting summary judgment in favor of Debtors on Section 503(b)(9) Claims Asserted by Advanced Process Systems, LLC, (ii) denying Motion for Allowance and Payment of the Administrative Expense Claim of Advanced Process Systems, LLC Pursuant to 11 U.S.C. 503(b)(9) [Docket No. 564] (the APS Motion ), and (iii) disallowing proofs of claim nos. 86, 232, 708, 631 and 632 filed by APS to the extent such proofs of claim assert claims under section 503(b)(9) of the Bankruptcy 1 The Debtors in these chapter 11 cases, along with the last four digits of each debtor s tax identification number, as applicable, are GT Advanced Technologies Inc. (6749), GTAT Corporation (1760), GT Advanced Equipment Holding LLC (8329), GT Equipment Holdings, Inc. (0040), Lindbergh Acquisition Corp. (5073), GT Sapphire Systems Holding LLC (4417), GT Advanced Cz LLC (9815), GT Sapphire Systems Group LLC (5126), and GT Advanced Technologies Limited (1721). The Debtors corporate headquarters are located at 243 Daniel Webster Highway, Merrimack, NH

2 Case HJB Doc # 1463 Filed 03/17/15 Desc Main Document Page 2 of 7 Code. PLEASE TAKE FURTHER NOTICE that objections or responses, if any, to the Motion must be in writing, shall conform to the Bankruptcy Rules and the Local Bankruptcy Rules, and shall be (a) filed with the Court on the docket of In re GT Advanced Technologies, Inc., Case No HJB, and (b) served upon (i) the Clerk of the Bankruptcy Court, 1000 Elm Street, Suite 1001, Manchester, NH ; (ii) Paul Hastings LLP, 75 East 55th Street, New York, NY 10022, Attn Luc A. Despins, Esq., and 600 Travis Street, 58th Floor, Houston, TX 77002, Attn James T. Grogan, Esq., and Nixon Peabody LLP, 900 Elm Street, Manchester, NH 03101, Attn Daniel W. Sklar, Esq. and Holly J. Barcroft, Esq.; and (iii) Kelley Drye & Warren LLP, 101 Park Avenue, New York, NY 10178, Attn James S. Carr, Esq. so as to be received no later than April 16, 2015 at 400 p.m. (E.T.) (the Objection Deadline ). PLEASE TAKE FURTHER NOTICE that if no objections are timely filed and served with respect to the Motion, GTAT may, on or after the Objection Deadline, submit to the Bankruptcy Court an order substantially in the form of the proposed order annexed to the Motion, which order may be entered with no further notice or opportunity to be heard offered to any party. Dated March 17, 2015 Manchester, NH /s/ James T. Grogan Luc A. Despins, Esq. Andrew V. Tenzer, Esq. James T. Grogan, Esq. (BNH07394) PAUL HASTINGS LLP Park Avenue Tower 75 East 55th Street, First Floor New York, New York Telephone (212) Facsimile (212) and Daniel W. Sklar, Esq. Holly J. Barcroft, Esq. NIXON PEABODY LLP 900 Elm Street Manchester, NH Telephone (603)

3 Case HJB Doc # 1463 Filed 03/17/15 Desc Main Document Page 3 of 7 Facsimile (603) Co-Counsel for the Debtors and Debtors in Possession 3

4 Case HJB Doc # 1463 Filed 03/17/15 Desc Main Document Page 4 of 7 HEARING DATE May 12, 2015 at 11 a.m. (ET) OBJECTION DEADLINE April 16, 2015 at 4 p.m. (ET) UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE In re GT ADVANCED TECHNOLOGIES INC., et al., Debtors. 2 Chapter 11 Case No HJB Jointly Administered RE Docket Nos. 564, 1106, 1102 DEBTORS MOTION FOR SUMMARY JUDGMENT ON SECTION 503(B)(9) CLAIMS ASSERTED BY ADVANCED PROCESS SYSTEMS, LLC GT Advanced Technologies Inc. and its affiliated debtors as debtors in possession in the above-captioned cases (collectively, GTAT or the Debtors ) hereby submit this motion (the Motion ), pursuant to Rule 56 of the Federal Rules of Civil Procedure, made applicable here by Bankruptcy Rules 9014 and 7056, and Rule of the Local Bankruptcy Rules for the United States Bankruptcy Court for the District of New Hampshire ( LBR ), for entry of summary judgment in the Debtors favor (i) denying the Motion for Allowance and Payment of the Administrative Expense Claim of Advanced Process Systems, LLC Pursuant to 11 U.S.C. 503(b)(9) [Docket No. 564], and (ii) disallowing proofs of claim nos. 86, 232, 708, 631 and 632 filed by APS to the extent such proofs of claim assert claims under section 503(b)(9) of the Bankruptcy Code. In support of this Motion, GTAT respectfully represents 2 The Debtors, along with the last four digits of each debtor s tax identification number, as applicable, are GT Advanced Technologies Inc. (6749), GTAT Corporation (1760), GT Advanced Equipment Holding LLC (8329), GT Equipment Holdings, Inc. (0040), Lindbergh Acquisition Corp. (5073), GT Sapphire Systems Holding LLC (4417), GT Advanced Cz LLC (9815), GT Sapphire Systems Group LLC (5126), and GT Advanced Technologies Limited (1721). The Debtors corporate headquarters are located at 243 Daniel Webster Highway, Merrimack, NH

5 Case HJB Doc # 1463 Filed 03/17/15 Desc Main Document Page 5 of 7 JURISDICTION, VENUE AND STATUTORY BASIS 1. The Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and This matter is a core proceeding within the meaning of 28 U.S.C. 157(b)(2). Venue is proper pursuant to 28 U.S.C and The basis for the relief requested herein is 11 U.S.C. 503(b)(9), Rule 56 of the Federal Rules of Civil Procedure, made applicable here by Bankruptcy Rules 9014 and 7056, and LBR RELIEF REQUESTED 3. Pursuant to 11 U.S.C. 503(b)(9), Rule 56 of the Federal Rules of Civil Procedure, made applicable here by Bankruptcy Rules 9014 and 7056, and LBR , GTAT requests entry of summary judgment in the Debtors favor (i) denying the Motion for Allowance and Payment of the Administrative Expense Claim of Advanced Process Systems, LLC Pursuant to 11 U.S.C. 503(b)(9) [Docket No. 564], and (ii) disallowing proofs of claim nos. 86, 232, 708, 631 and 632 filed by APS to the extent such proofs of claim assert claims under section 503(b)(9) of the Bankruptcy Code. 4. There are no genuine issues of material fact and GTAT is entitled to a ruling that the claims and proofs of claim filed by APS under section 503(b)(9) of the Bankruptcy Code are disallowed. 5. In support of this Motion, GTAT states as follows a. A Statement of Undisputed Facts is attached to this Motion; b. A Memorandum of Law in Support of Summary Judgment is attached to this Motion; c. Affidavits, depositions, and other materials supporting factual positions as required by Fed. R. Civ. P. 56 are attached to this Motion; d. A notice of hearing is attached to this Motion; and 2

6 Case HJB Doc # 1463 Filed 03/17/15 Desc Main Document Page 6 of 7 e. A Proposed Order is attached to this Motion. NOTICE 6. Notice of this Motion has been provided by , facsimile, or overnight courier to (a) the Office of the United States Trustee for Region 1, 1000 Elm Street, Suite 605 Manchester, NH 03101, Attn Geraldine L. Karonis; (b) Kelley Drye & Warren LLP, 101 Park Avenue, New York, NY 10178, Attn James S. Carr, Esq., counsel to the Creditors' Committee; (c) the Internal Revenue Service, 1000 Elm St., 9th Floor Manchester, NH 03101, Attn District and Regional Directors; (d) U.S. Securities and Exchange Commission, 100 F Street, NE, Washington, DC 20549; (e) those parties who have formally filed requests for notice in these chapter 11 cases pursuant to Bankruptcy Rule 2002; (f) Advanced Process Systems, LLC, Greenbaum Rowe Smith And Davis LLP, 75 Livingston Avenue Roseland, New Jersey 07068, Attn Nancy Isaacson, Esq., and Tamposi Law Group, P.C., 159 Main Street, Nashua, NH 03060, Attn Peter N. Tamposi, Esq.; and (g) Citigroup Financial Products, c/o Citibank, N.A., 1615 Brett Road Ops III, New Castle, DE 19720, Attn Brian Broyles. NO PRIOR REQUEST 7. No previous request for the relief sought herein has been made by GTAT to this or any other court. 3

7 Case HJB Doc # 1463 Filed 03/17/15 Desc Main Document Page 7 of 7 WHEREFORE, GTAT respectfully requests that the Court enter an order, substantially in the form attached hereto A. Granting summary judgment in GTAT s favor on all issues; B. Denying the APS Motion, with prejudice; C. Disallowing the proofs of claim filed by APS to the extent those claims assert administrative priority under section 503(b)(9) of the Bankruptcy Code; and D. Granting GTAT such other and further relief as is just and proper. Dated March 17, 2015 Manchester, NH /s/ James T. Grogan Luc A. Despins, Esq. Andrew V. Tenzer, Esq. James T. Grogan, Esq. (BNH07394) PAUL HASTINGS LLP Park Avenue Tower 75 East 55th Street, First Floor New York, New York Telephone (212) Facsimile (212) and Daniel W. Sklar, Esq. Holly J. Barcroft, Esq. NIXON PEABODY LLP 900 Elm Street Manchester, NH Telephone (603) Facsimile (603) Co-Counsel for the Debtors and Debtors in Possession 4

8 Case HJB Doc # Filed 03/17/15 Desc Proposed Order Page 1 of 2 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE In re GT ADVANCED TECHNOLOGIES INC., et al., Debtors. 1 Chapter 11 Case No HJB Jointly Administered Re Docket No. ORDER GRANTING DEBTORS MOTION FOR SUMMARY JUDGMENT ON SECTION 503(B)(9) CLAIMS ASSERTED BY ADVANCED PROCESS SYSTEMS, LLC Upon the motion (the Motion ) of GT Advanced Technologies Inc. and its affiliated debtors as debtors in possession in these chapter 11 cases (collectively, GTAT or the Debtors ), pursuant to Bankruptcy Rules 9014 and 7056, and LBR , for an order (i) granting summary judgment in favor of Debtors on Section 503(b)(9) Claims Asserted by Advanced Process Systems, LLC, (ii) denying Motion for Allowance and Payment of the Administrative Expense Claim of Advanced Process Systems, LLC Pursuant to 11 U.S.C. 503(b)(9) [Docket No. 564] (the APS Motion ), and (iii) disallowing proofs of claim nos. 86, 232, 708, 631 and 632 filed by APS to the extent such proofs of claim assert claims under section 503(b)(9) of the Bankruptcy Code; and after notice and a hearing; and after due deliberation and sufficient cause existing therefor, IT IS HEREBY ORDERED THAT 1. The Motion is GRANTED. 1 The Debtors in these chapter 11 cases, along with the last four digits of each debtor s tax identification number, as applicable, are GT Advanced Technologies Inc. (6749), GTAT Corporation (1760), GT Advanced Equipment Holding LLC (8329), GT Equipment Holdings, Inc. (0040), Lindbergh Acquisition Corp. (5073), GT Sapphire Systems Holding LLC (4417), GT Advanced Cz LLC (9815), GT Sapphire Systems Group LLC (5126), and GT Advanced Technologies Limited (1721). The Debtors corporate headquarters are located at 243 Daniel Webster Highway, Merrimack, NH

9 Case HJB Doc # Filed 03/17/15 Desc Proposed Order Page 2 of 2 2. The APS Motion is DENIED, with prejudice. 3. Proofs of claim Nos. 25, 232, 631, 632, and 708 are disallowed to the extent such claims request administrative expenses under section 503(b)(9) of the Bankruptcy Code. Dated, 2015 Manchester, NH HONORABLE HENRY J. BOROFF UNITED STATES BANKRUPTCY JUDGE 2