Case: CJP Doc #: 4399 Filed: 11/19/18 Desc: Main Document Page 1 of 8 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE : : : : :

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1 Case CJP Doc # 4399 Filed 11/19/18 Desc Main Document Page 1 of 8 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE x In re Chapter 11 GT ADVANCED TECHNOLOGIES INC., et al., Case No CJP Reorganized Debtors. 1 Jointly Administered x REORGANIZED DEBTORS EX PARTE MOTION TO EXTEND OBJECTION DEADLINE, CONTINUE HEARING, AND TREAT DECEMBER 11, 2018 HEARING AS A CONTINUED STATUS CONFERENCE RELATED TO MOTION TO APPROVE COMPROMISE WITH TERA XTAL TECHNOLOGY CORP. GT Advanced Technologies Inc. and its affiliated reorganized debtors (collectively, the Reorganized Debtors ) hereby request that the Court enter an order without a hearing granting certain relief related to the Reorganized Debtors Motion Requesting Entry of the Stipulation and Agreed Order to (I) Allow Proof of Claim No. 738 and (II) Allow in Pain Part Proof of Claim 1048 Filed by Tera Xtal Technology Corp. [Docket No. 4297] (the 9019 Motion ). Specifically, the Reorganized Debtors request that (1) the Court extend the existing objection deadline related to the 9019 Motion, (2) continue the hearing related to the 9019 Motion, and (3) treat the upcoming hearing on December 11, 2018 as a continued status conference related to the 9019 Motion. In support of this motion (the Motion ), the Reorganized Debtors further state as follows 1 The Reorganized Debtors, along with the last four digits of each reorganized debtor s tax identification number, as applicable, are GT Advanced Technologies Inc. (6749), GTAT Corporation (1760), and GT Advanced Technologies Limited (1721). The Reorganized Debtors corporate headquarters are located at 5 Wentworth Drive, Unit 1, Hudson, NH

2 Case CJP Doc # 4399 Filed 11/19/18 Desc Main Document Page 2 of 8 Jurisdiction and Venue 1. This Court has subject matter jurisdiction to consider the Motion pursuant to 28 U.S.C. 157 and This matter is a core proceeding pursuant to 28 U.S.C. 157(b)(2). Venue is proper before this Court pursuant to 28 U.S.C and Background 2. On March 26, 2018, the Reorganized Debtors filed the 9019 Motion. By order of the Court [Docket No. 4384], a hearing on the 9019 Motion is scheduled for December 11, 2018 (the Hearing Date ), and objections are due by December 4, 2018 (the Objection Deadline ). 3. Subsequently, on September 4, 2018, Mr. William Gannon, counsel to Tera Xtal Technology Corp. ( TXT ), filed a motion seeking to withdraw as counsel for good cause in this chapter 11 case and a related adversary proceeding involving the Reorganized Debtors and TXT [Docket No. 4381] (the Withdrawal Motion ). 4. On October 17, 2018, the Court held a status conference on both the Withdrawal Motion and the 9019 Motion. Counsel to the Reorganized Debtors, counsel to Citi Financial Products, Inc. ( Citi ), and Mr. Gannon each appeared at the October 17 status conference. At the conclusion of the status conference, the Court entered an order [Docket No. 4393] setting a continued hearing on the Withdrawal Motion for the Hearing Date and ordered that a representative of TXT appear in person on the Hearing Date. 5. The Reorganized Debtors are aware that Citi intends to respond to the 9019 Motion by the Objection Deadline, unless such deadline is extended. 6. The Reorganized Debtors expect the outcome of the hearing on the Withdrawal Motion will provide the Reorganized Debtors with further guidance on whether to proceed with the 9019 Motion. 2

3 Case CJP Doc # 4399 Filed 11/19/18 Desc Main Document Page 3 of 8 Relief Requested 7. By this Motion, the Reorganized Debtors request that the Court enter an order without a hearing generally extending the Objection Deadline and continuing the Hearing Date as it relates to the 9019 Motion. The Reorganized Debtors request that the further proceedings on the Hearing Date related to the 9019 Motion be treated as a status conference. Basis for Relief Requested 8. Pending resolution of the Withdrawal Motion, the Reorganized Debtors do not wish to proceed with a hearing on the 9019 Motion. Because the outcome of the hearing on the Withdrawal Motion will provide the Reorganized Debtors with further guidance on whether to proceed with the 9019 Motion at all, the Reorganized Debtors do not want to burden themselves, other parties in interest, or the Court with the time and expense of further motion practice related to the 9019 Motion at this time. 9. For this reason, the Reorganized Debtors request that the Court enter an order without a hearing generally extending the Objection Deadline, generally continuing the Hearing Date as it relates to the 9019 Motion, and treating further proceedings on the Hearing Date related to the 9019 Motion as a status conference. At the conclusion of the status conference on the Hearing Date related to the Withdrawal Motion, the Reorganized Debtors will be prepared to discuss resetting the Objection Deadline and scheduling a hearing on the 9019 Motion. 10. Citi has consented to the relief requested in this Motion. Notice 11. Notice of this Motion will be provided by , facsimile, or overnight courier to the Master Service List, as required by the Court s case management order [Docket No. 83]. In light of the relief requested in this Motion, the Reorganized Debtors submit that no further notice or service is required. 3

4 Case CJP Doc # 4399 Filed 11/19/18 Desc Main Document Page 4 of 8 Waiver of Memorandum of Law 12. The Reorganized Debtors request that the Court waive and dispense with the requirement set forth in LBR 7102(b)(2) that any motion filed shall have an accompanying memorandum of law. The legal authorities upon which the Reorganized Debtors rely are set forth in the Motion. Accordingly, the Reorganized Debtors submit that a waiver of the LBR 7102(b)(2) requirement is appropriate under these circumstances. [Remainder of page intentionally left blank.] 4

5 Case CJP Doc # 4399 Filed 11/19/18 Desc Main Document Page 5 of 8 WHEREFORE, the Reorganized Debtors respectfully requests that the Court enter the accompanying order granting the Motion without a hearing. Dated November 19, 2018 Respectfully submitted, /s/ Jeremy R. Fischer Jeremy R. Fischer (BNH #07143) DRUMMOND WOODSUM 1001 Elm Street, #303 Manchester, New Hampshire Telephone (603) jfischer@dwmlaw.com - and - Michael S. Stamer (admitted pro hac vice) Brad M. Kahn (admitted pro hac vice) Joanna F. Newdeck (admitted pro hac vice) AKIN GUMP STRAUSS HAUER & FELD LLP One Bryant Park New York, New York Telephone (212) mstamer@akingump.com bkahn@akingump.com jnewdeck@akingump.com Counsel to the Reorganized Debtors 5

6 Case CJP Doc # 4399 Filed 11/19/18 Desc Main Document Page 6 of 8 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE x In re GT ADVANCED TECHNOLOGIES INC., et al., Reorganized Debtors x Chapter 11 Case No CJP Jointly Administered ORDER GRANTING REORGANIZED DEBTORS EX PARTE MOTION TO EXTEND OBJECTION DEADLINE, CONTINUE HEARING, AND TREAT DECEMBER 11, 2018 HEARING AS A CONTINUED STATUS CONFERENCE RELATED TO MOTION TO APPROVE COMPROMISE WITH TERA XTAL TECHNOLOGY CORP. Upon consideration of the Reorganized Debtors Ex Parte Motion to Extend Objection Deadline, Continue Hearing, and Treat December 11, 2018 Hearing as a Continued Status Conference Related to Motion to Approve Compromise With Tera Xtal Technology Corp. (the Motion ), 2 it is hereby ORDERED as follows 1. The Motion is GRANTED without a hearing. 2. The Objection Deadline is extended and the Hearing Date as it relates to the Motion is continued. Further proceedings on the Hearing Date related to the Motion shall be treated as a status conference. At the conclusion of the status conference, interested parties shall discuss resetting the Objection Deadline and rescheduling a hearing on the Motion. 3. The requirement set forth in LBR 7102(b)(2) that any motion filed shall have an accompanying memorandum of law is waived. 1 The Reorganized Debtors, along with the last four digits of each reorganized debtor s tax identification number, as applicable, are GT Advanced Technologies Inc. (6749), GTAT Corporation (1760), and GT Advanced Technologies Limited (1721). The Reorganized Debtors corporate headquarters are located at 5 Wentworth Drive, Unit 1, Hudson, NH All capitalized terms not otherwise defined in this Order shall have the meanings ascribed to them in the Motion.

7 Case CJP Doc # 4399 Filed 11/19/18 Desc Main Document Page 7 of 8 4. The Bankruptcy Court retains jurisdiction with respect to all matters arising from or related to the implementation of this Final Decree. Dated, 2018 Manchester, NH HONORABLE CHRISTOPHER J. PANOS UNITED STATES BANKRUPTCY JUDGE 2

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