IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Transcription

1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11 TROPICANA ENTERTAINMENT, LLC, et al., Case No (KJC Reorganized Debtors. Jointly Administered Lightsway Litigation Services, LLC as Trustee of Tropicana Litigation Trust Plaintiff, v. Adv. Proc. No (KJC William J. Yung, III; Wimar Tahoe Corporation; Tropicana Casinos and Resorts, Inc.; Columbia Sussex Corporation; Joe Yung; 1994 William J. Yung Family Trust; CSC Holdings LLC; JMBS Casino Trust; and Casuariana Cayman Holding, LLC Defendants. Icahn Agency Services LLC; Icahn Partners LP; Icahn Partners Master Fund LP; Icahn Partners Master Fund II LP; Icahn Partners Master Fund III LP; Tropicana Entertainment Inc; and New Tropicana Holdings, Inc., Plaintiffs, v. Adv. Proc. No (KJC Tropicana Las Vegas, Inc.; and Hotel Ramada of Nevada, LLC, Defendants. NOTICE OF AGENDA OF MATTERS SCHEDULED FOR HEARING ON FEBRUARY 2, 2011 AT 10:00 A.M. (ET

2 AS NO MATTERS ARE SCHEDULED TO GO FORWARD, THE HEARING HAS BEEN CANCELLED WITH THE PERMISSION OF THE COURT. MATTERS RELATING TO THE REORGANIZED OPCO DEBTORS 1 CONTINUED/ADJOURNED MATTERS: 1. Motion of Wimar Tahoe Corporation (f/k/a Tropicana Casinos and Resorts, Inc. for Allowance and Immediate Payment of Administrative Expense Claim [Docket No filed March 31, 2009] Response/Objection Deadline: April 9, 2009 at 4:00 p.m. (ET; extended to a date to be determined. Responses/Objections Received: A. Objection of Official Committee of Unsecured Creditors to Motions of (I Columbia Sussex Corporation and (II Wimar Tahoe Corporation (f/k/a Tropicana Casino & Resorts, Inc. for Allowance and Immediate Payment of Priority and Administrative Expense Claims [Docket No filed April 23, 2009] B. Objection of the Steering Committee of Senior Secured Lenders to Motions of (I Columbia Sussex and (II Wimar Tahoe Corporation (f/k/a Tropicana Casinos & Resorts, Inc. for Allowance and Immediate Payment of Priority and Administrative Expense Claims [Docket No filed April 29, 2009] i. Wimar Tahoe Corporation s Motion for Summary Judgment on Administrative Expense Claim [Docket No filed August 4, 2010] 1 The OpCo Debtors (now the Reorganized OpCo Debtors in these Chapter 11 Cases, along with the last four digits of each OpCo Debtor s federal tax identification number, were: Adamar Garage Corporation (1225; Argosy of Louisiana, Inc. (5121; Atlantic-Deauville Inc. (2629; Aztar Corporation (6534; Aztar Development Corporation (0834; Aztar Indiana Gaming Company, LLC (5060; Aztar Indiana Gaming Corporation (1802; Aztar Missouri Gaming Corporation (8819; Aztar Riverboat Holding Company, LLC (5055; Catfish Queen Partnership in Commendam (4791; Centroplex Centre Convention Hotel, L.L.C. (2613; Columbia Properties Laughlin, LLC (9651; Columbia Properties Tahoe, LLC (1611; Columbia Properties Vicksburg, LLC (0199; CP Baton Rouge Casino, L.L.C. (9608; CP Laughlin Realty, LLC (9621; Jazz Enterprises, Inc. (4771; JMBS Casino LLC (6282; Ramada New Jersey Holdings Corporation (4055; Ramada New Jersey, Inc. (5687; St. Louis Riverboat Entertainment, Inc. (3514; Tahoe Horizon, LLC (9418; Tropicana Entertainment Holdings, LLC (9131; Tropicana Entertainment Intermediate Holdings, LLC (9214; Tropicana Entertainment, LLC (9263; Tropicana Express, Inc. (0806; and Tropicana Finance Corp. (4040. The location of the OpCo Debtors corporate headquarters (now the Reorganized OpCo Debtors corporate headquarters and the service address for all of the Reorganized OpCo Debtors is: 3930 Howard Hughes Parkway, 4th Floor, Las Vegas, Nevada

3 ii. Wimar Tahoe Corporation s Memorandum of Law in Support of its Motion for Summary Judgment on Administrative Expense Claim [Docket No filed August 4, 2010] iii. Affidavit of Theodore Mitchel [Docket No filed August 4, 2010] iv. Motion for an Order Authorizing Wimar Tahoe Corporation to File Certain Exhibits Under Seal Relating to Motion for Summary Judgment on Administrative Expense Claim v. Agreed Order Setting a Briefing Schedule for (I Wimar Tahoe Corporation s Motion for Summary Judgment on Administrative Expense Claim and (II Motion of Columbia Sussex Corporation for Allowance and Immediate Payment of Priority and Administrative Expense Claims [Docket No filed August 25, 2010] vi. vii. viii. ix. Amended Agreed Order Setting a Briefing Schedule for (I Wimar Tahoe Corporation s Motion for Summary Judgment on Administrative Expense Claim and (II Motion of Columbia Sussex Corporation for Allowance and Immediate Payment of Priority and Administrative Expense Claims [Docket No filed October 7, 2010] Lightsway Litigation Services LLC s Joinder and Objection to Motions for Summary Judgment filed by Wimar Tahoe Corporation and Columbia Sussex Corporation [Docket No filed October 22, 2010] Objection of the Liquidating LandCo Debtors to (A Wimar Tahoe Corporation s Motion for Summary Judgment on Administrative Expense Claim; and (B Columbia Sussex Corporation s Motion for Summary Judgment on Pre-Petition Employee Benefits Claim and Post-Petition Claim [Docket No filed October 22, 2010] Declaration of Joshua D. Morse in Support of Objection of the Liquidating LandCo Debtors to (A Wimar Tahoe Corporation s Motion for Summary Judgment on Administrative Expense Claim; and (B Columbia Sussex Corporation s Motion for Summary Judgment on Pre-Petition Employee Benefits Claim and Post-Petition Claim [Docket No filed October 22, 2010] x. Reorganized OpCo Debtors Objection to (A Columbia Sussex Corporation s Motion for Summary Judgment on Prepetition Employee Benefits Claim and Postpetition Claim and (B Wimar Tahoe Corporation s Motion for Summary Judgment on Administrative Expense Claim [Docket No filed October 22, 2010] xi. Declaration of David DeCelles [Docket No filed October 22, 2010] xii. Declaration of Christopher Benak [Docket No filed October 22, 2010] xiii. Declaration of John Castellano [Docket No filed October 22, 2010] 3

4 xiv. Reply of Wimar Tahoe Corporation to Objections to Wimar Tahoe Corporation s Memorandum of Law in Support of Motion for Summary Judgment on Administrative Expense Claim [Docket No filed December 31, 2010] Status: The hearing on this matter is continued to a date to be determined. 2. Motion of Columbia Sussex Corporation for Allowance and Immediate Payment of Priority and Administrative Expense Claims [Docket No filed March 31, 2009] Response/Objection Deadline: April 9, 2009 at 4:00 p.m. (ET; extended to a date to be determined. Responses/Objections Received: A. Objection of Official Committee of Unsecured Creditors to Motions of (I Columbia Sussex Corporation and (II Wimar Tahoe Corporation (f/k/a Tropicana Casino & Resorts, Inc. for Allowance and Immediate Payment of Priority and Administrative Expense Claims [Docket No filed April 23, 2009] B. Objection of the Steering Committee of Senior Secured Lenders to Motions of (I Columbia Sussex and (II Wimar Tahoe Corporation (f/k/a Tropicana Casinos & Resorts, Inc. for Allowance and Immediate Payment of Priority and Administrative Expense Claims [Docket No filed April 29, 2009] i. Columbia Sussex Corporation s Motion for Summary Judgment on Pre-Petition Employee Benefits Claim and Post-Petition Claim [Docket No filed August 4, 2010] ii. Columbia Sussex Corporation s Memorandum of Law in Support of its Motion for Summary Judgment on Pre-Petition Employee Benefits Claim and Post-Petition Claim [Docket No filed August 4, 2010] iii. Affidavit of Theodore Mitchel [Docket No filed August 4, 2010] iv. Motion for an Order Authorizing Columbia Sussex Corporation to File Certain Exhibits Under Seal Relating to Motion for Summary Judgment on Pre-Petition Employee Benefits Claim and Post-Petition Claim [Docket No filed August 4, 2010] v. Agreed Order Setting a Briefing Schedule for (I Wimar Tahoe Corporation s Motion for Summary Judgment on Administrative Expense Claim and (II Motion of Columbia Sussex Corporation for Allowance and Immediate Payment of Priority and Administrative Expense Claims [Docket No filed August 25, 2010] vi. Amended Agreed Order Setting a Briefing Schedule for (I Wimar Tahoe Corporation s Motion for Summary Judgment on Administrative Expense Claim and (II Motion of Columbia Sussex Corporation for Allowance and Immediate Payment 4

5 of Priority and Administrative Expense Claims [Docket No filed October 7, 2010] vii. viii. ix. Lightsway Litigation Services LLC s Joinder and Objection to Motions for Summary Judgment filed by Wimar Tahoe Corporation and Columbia Sussex Corporation [Docket No filed October 22, 2010] Objection of the Liquidating LandCo Debtors to (A Wimar Tahoe Corporation s Motion for Summary Judgment on Administrative Expense Claim; and (B Columbia Sussex Corporation s Motion for Summary Judgment on Pre-Petition Employee Benefits Claim and Post-Petition Claim [Docket No filed October 22, 2010] Declaration of Joshua D. Morse in Support of Objection of the Liquidating LandCo Debtors to (A Wimar Tahoe Corporation s Motion for Summary Judgment on Administrative Expense Claim; and (B Columbia Sussex Corporation s Motion for Summary Judgment on Pre-Petition Employee Benefits Claim and Post-Petition Claim [Docket No filed October 22, 2010] x. Reorganized OpCo Debtors Objection to (A Columbia Sussex Corporation s Motion for Summary Judgment on Prepetition Employee Benefits Claim and Postpetition Claim and (B Wimar Tahoe Corporation s Motion for Summary Judgment on Administrative Expense Claim [Docket No filed October 22, 2010] xi. Declaration of David DeCelles [Docket No filed October 22, 2010] xii. Declaration of Christopher Benak [Docket No filed October 22, 2010] xiii. Declaration of John Castellano [Docket No filed October 22, 2010] xiv. Reply of Columbia Sussex Corporation to Objections to Columbia Sussex Corporation s Memorandum of Law in Support of Motion for Summary Judgment on Administrative Expense Claim [Docket No filed December 31, 2010] Status: The hearing on this matter is continued to a date to be determined. 3. Debtors Ninth Omnibus Objection to Certain (A Claims to Be Adjusted, and (B No Basis Claims (Substantive [Docket No filed April 13, 2009] Objection/Response Deadline: May 4, 2009 at 4:00 p.m. (ET Objections/Responses Received: A. Response of Jamestown Metal Marine Sales, Inc. to Debtors Ninth Omnibus Objection to Claims [Docket No filed May 4, 2009] 5

6 i. Declaration of John R. Castellano in Support of the Debtors Ninth Omnibus Objection to Claims (Substantive [Docket No filed April 13, 2009] ii. Order (I Adjusting Certain Overstated Claims; and (II Disallowing and Expunging Certain No-Basis Claims as Set Forth in the Debtors Ninth Omnibus Objection to Claims (Substantive [Docket No entered May 13, 2009] Status: An order was entered on May 13, 2009 granting the relief requested in the objection with respect to all claims subject to the objection with the exception of the claims of Jamestown Metal Marine Sales, Inc. The hearing on this objection as it relates to the claims of Jamestown Metal Marine Sales, Inc. is continued to February 23, 2011 at 11:00 a.m. (ET. 4. Debtors Fifteenth Omnibus Objection to Certain (A Claims to be Adjusted, (B No-Basis Claims (Substantive [Docket No filed May 15, 2009] Objection/Response Deadline: June 4, 2009 at 4:00 p.m. (ET. Objections/Responses Received: A. Response of IUPAT Industry Pension Fund to Debtors Objection to Claim Nos. 66, , , [Docket No filed June 4, 2009] B. Response of the Painters Joint Committee (of Southern Nevada to Debtors Fifteenth Omnibus Objection to Certain (A Claims to be Adjusted, (B No Basis Claims (Substantive [Docket No filed June 4, 2009] C. Response of the Trustees of the Hotel Employees and Restaurant Employees International Union Welfare Fund & Southern Nevada Culinary & Bartenders Pension Trust to Debtors Fifteenth Omnibus Objection to Certain (A Claims to be Adjusted, (B No Basis Claims (Substantive [Docket No filed June 4, 2009] i. Declaration of John R. Castellano in Support of the Debtors Fifteenth Omnibus Objection to Claims (Substantive [Docket No filed May 15, 2009] ii. Notice of Withdrawal (by the Painters Joint Committee (of Southern Nevada of Request for Special Notice, Response to Debtors Fifteenth Omnibus Objection and Notice of Potential Administrative Claims Upon Completion of Compliance Audit [Docket No filed December 10, 2010] Status: The response of the Painters Joint Committee (of Southern Nevada has been withdrawn. The hearing with respect to balance of this matter is continued to February 23, 2011 at 11:00 a.m. (ET. 6

7 5. Lightsway Litigation Services, LLC as Trustee of Tropicana Litigation Trust v. William J. Yung, III; Wimar Tahoe Corporation; Tropicana Casinos and Resorts, Inc.; Columbia Sussex Corporation; Joe Yung; 1994 William J. Yung Family Trust; CSC Holdings LLC; JMBS Casino Trust; and Casuariana Cayman Holding, LLC [Adv. Pro. No filed February 17, 2010] A. Defendants Motion for Dismissal of Plaintiff s Complaint for Failure to State a Claim Pursuant to the Federal Rules of Bankruptcy Procedure 7008 and 7012 and Federal Rules of Civil Procedure 8(a(2 and 12(b(6 [Adv. Docket No filed April 16, 2010] B. Defendants Opening Memorandum of Law in Support of Defendants Motion for Dismissal of Plaintiff s Complaint for Failure to State a Claim Pursuant to the Federal Rules of Bankruptcy Procedure 7008 and 7012 and Federal Rules of Civil Procedure 8(a(2 and 12(b(6 [Adv. Docket No filed April 16, 2010] C. Plaintiff s Memorandum of Law in Opposition to Defendants Motion to Dismiss the Complaint for Failure to State a Claim Pursuant to the Federal Rules of Bankruptcy Procedure 7008 and 7012 and Federal Rules of Civil Procedure 8(a(2 and 12(b(6 [Adv. Docket No filed May 28, 2010] D. Defendants Reply Memorandum of Law in Support of Defendants Motion for Dismissal of Plaintiff s Complaint for Failure to State a Claim Pursuant to the Federal Rules of Bankruptcy Procedure 7008 and 7012 and Federal Rules of Civil Procedure 8(a(2 and 12(b(6 [Adv. Docket No filed July 12, 2010] E. Notice of Completion of Briefing and Request for Oral Argument [Adv. Docket No filed July 12, 2010] F. Plaintiff s Request for Oral Argument with Respect to Defendants Motion to Dismiss the Complaint for Failure to State a Claim Pursuant to the Federal Rules of Bankruptcy Procedure 7008 and 7012 and Federal Rules of Civil Procedure 8(a(2 and 12(b(6 [Adv. Docket No filed July 19, 2010] G. Order on Defendants' Motion to Dismiss [Adv. Docket No filed January 12, 2011] H. Certification of Counsel [Adv. Docket No filed January 11, 2011] I. Amended Scheduling Order Regarding Plaintiff s Amended Complaint [Adv. Docket No filed January 20, 2011] J. Certification of Counsel Seeking Order Approving Stipulation to Further Extend Date for Plaintiff to File Amended Complaint [Adv. Docket No filed January 25, 2011] Status: The parties have requested that the status conference be postponed. 7

8 6. Motion of the Reorganized OpCo Debtors for Entry of an Order Authorizing (i the Rejection of Any and All Executory Contracts and Unexpired Leases Involving Intellectual Property Rights Granted by the OpCo Debtors to the LandCo Debtors, and (ii the Assumption of Any and All Executory Contracts and Unexpired Leases Involving Intellectual Property Rights Granted by the LandCo Debtors to the OpCo Debtors [Docket No filed May 7, 2010] Objection/Response Deadline: May 21, 2010 at 4:00 p.m. (ET, extended to June 4, 2010 for New LandCo. Objections/Responses Received: A. Objection of Tropicana Las Vegas to Motion of the Reorganized OpCo Debtors for Entry of an Order Authorizing (i the Rejection of Any and All Executory Contracts and Unexpired Leases Involving Intellectual Property Rights Granted by the OpCo Debtors to the LandCo Debtors, and (ii the Assumption of Any and All Executory Contracts and Unexpired Leases Involving Intellectual Property Rights Granted by the LandCo Debtors to the OpCo Debtors [Docket No filed June 4, 2010] Related Document: i. Declaration of James O. Johnston in Support of Objection of Tropicana Las Vegas to Motion of the Reorganized OpCo Debtors for Entry of an Order Authorizing (i the Rejection of Any and All Executory Contracts and Unexpired Leases Involving Intellectual Property Rights Granted by the OpCo Debtors to the LandCo Debtors, and (ii the Assumption of Any and All Executory Contracts and Unexpired Leases Involving Intellectual Property Rights Granted by the LandCo Debtors to the OpCo Debtors [Docket No filed June 4, 2010] Status: The hearing on this matter is continued to a date to be determined. 7. Icahn Agency Services LLC, Icahn Partners LP, Icahn Partners Master Fund LP, Icahn Partners Master Fund II LP, Icahn Partners Master Fund III LP, Tropicana Entertainment Inc., and New Tropicana Holdings, Inc. v. Tropicana Las Vegas, Inc. and Hotel Ramada of Nevada, LLC [Adv. Pro. No filed August 10, 2010] A. Motion of Defendants Tropicana Las Vegas, Inc., and Hotel Ramada of Nevada, LLC for an Order (A Dismissing Complaint; and (B Abstaining from Adjudication of Any Portion of the Complaint Not Dismissed [Adv. Docket No. 9 - filed September 8, 2010] B. Declaration of James O. Johnson in Support of Motion of Defendants Tropicana Las Vegas, Inc., and Hotel Ramada of Nevada, LLC for an Order (A Dismissing Complaint; and (B Abstaining from Adjudication of Any Portion of the Complaint Not Dismissed [Adv. Docket No filed September 8, 2010] 8

9 C. Request for Judicial Notice in Support of Motion of Defendants Tropicana Las Vegas, Inc., and Hotel Ramada of Nevada, LLC for an Order (A Dismissing Complaint; and (B Abstaining from Adjudication of Any Portion of the Complaint Not Dismissed [Adv. Docket No filed September 8, 2010] D. Plaintiffs Objection to Defendants Motion for an Order Dismissing the Complaint and Abstaining Adjudication from Any Portion of the Complaint Not Dismissed [Adv. Docket No filed October 13, 2010] E. Declaration of David R. Baum in Support of Plaintiffs Objection to Defendants Motion for an Order Dismissing the Complaint and Abstaining Adjudication from Any Portion of the Complaint Not Dismissed [Adv. Docket No filed October 13, 2010] F. Declaration of Marc Rubinstein in Opposition to Motion of Defendants for an Order (A Dismissing Complaint; and (B Abstaining from Adjudication of Any Portion of the Complaint Not Dismissed [Adv. Docket No filed October 13, 2010] G. Plaintiffs Objection to Defendants Request for Judicial Notice [Adv. Docket No filed October 13, 2010] H. Notice of Filing of Exhibit to Declaration of Marc Rubinstein in Opposition to Motion of Defendants for an Order (A Dismissing Complaint; and (B Abstaining from Adjudication of Any Portion of the Complaint Not Dismissed [Adv. Docket No filed October 14, 2010] I. Reply in Support of (I Motion of Defendants for an Order (A Dismissing Complaint; and (B Abstaining from Adjudication of Any Portion of the Complaint Not Dismissed; and (2 Accompanying Request for Judicial Notice [Adv. Docket No filed October 27, 2010] J. Notice of Completion of Briefing [Adv. Docket No filed October 27, 2010] K. Notice of Request for Oral Argument [Adv. Docket No filed October 28, 2010] L. Notice of Oral Argument [Adv. Docket No filed December 14, 2010] Status: Oral argument on this matter is continued to March 22, 2011 at 2:00 p.m. (ET. 8. Motion of Reorganized OpCo Debtors for Entry of an Order Determining That Certain Claims Were Discharged and Enjoined by the OpCo Plan [Docket No filed September 24, 2010] Objection/Response Deadline: October 8, 2010 at 4:00 p.m. (ET, extended to October 22, 2010 at 4:00 p.m. (ET for the Claimants 9

10 Objections/Responses Received: A. Objection of Briana Castilleja and Shirley Gallego on Behalf of Larissa Castilleja to Motion of Reorganized OpCo Debtors for Entry of an Order Determining That Certain Claims Were Discharged and Enjoined by the OpCo Plan [Docket No filed October 22, 2010] i. Notice of Withdrawal [Docket No filed January 24, 2011] Status: This matter has been withdrawn. No hearing is required. 9. Motion of Briana Castilleja and Shirley Gallego on Behalf of Larissa Castilleja for Allowance of a Late Filed Administrative Expense Claim [Docket No filed October 22, 2010] Objection/Response Deadline: November 11, 2010 at 4:00 p.m. (ET, extended to January 12, 2011 at 4:00 p.m. (ET for the Debtors Objections/Responses Received: None to date. i. Notice of Withdrawal of Docket No with Prejudice [Docket No filed January 21, 2011] Status: This matter has been withdrawn. No hearing is required. 10. Motion of the U.S. Foodservice, Inc. to Compel Immediate Payment by the Reorganized OpCo Debtors of Section 503(b(9 and General Unsecured Claims Pursuant to Agreed Terms [Docket No filed December 14, 2010] Objection/Response Deadline: Not yet established Objections/Responses Received: A. Objection of Reorganized OpCo Debtors to the Motion to Shorten Notice of Motion of U.S. Foodservice, Inc. to Compel Immediate Payment by the Reorganized OPCO Debtors Under Section 503(b(9 and General Unsecured Claims Pursuant to Agreed Terms [Docket No filed December 15, 2010] 10

11 i. Motion to Shorten Notice of Motion of U.S. Foodservice, Inc. to Compel Immediate Payment by the Reorganized OpCo Debtors of Section 503(b(9 and General Unsecured Claims Pursuant to Agreed Terms [Docket No filed December 14, 2010] ii. Order Shortening Notice of Motion of U.S. Foodservice, Inc. to Compel Immediate Payment by the Reorganized OpCo Debtors of Section 503(b(9 and General Unsecured Claims Pursuant to Agreed Terms [Docket No filed December 15, 2010] iii. Notice of Scheduling Hearing [Docket No filed December 15, 2010] iv. Amended Order Shortening Notice of Motion of U.S. Foodservice, Inc. to Compel Immediate Payment by the Reorganized OpCo Debtors of Section 503(b(9 and General Unsecured Claims Pursuant to Agreed Terms [Docket No filed December 16, 2010] v. Amended Notice of Scheduling Hearing [Docket No filed December 17, 2010] vi. Notice of Withdrawal of Motion of U.S. Foodservice, Inc. to Compel Immediate Payment by the Reorganized OpCo Debtors of Section 503(b(9 and General Unsecured Claims Pursuant to Agreed Terms [Docket No filed January 21, 2011] Status: This matter has been withdrawn. No hearing is required. MATTERS RELATING TO THE LIQUIDATING LANDCO DEBTORS 2 There are no pending matters relating to the Liquidating LandCo Debtors at this time. 2 The Liquidating LandCo Debtors are: Adamar of Nevada Corporation; Hotel Ramada of Nevada Corporation; Tropicana Development Company, LLC; Tropicana Enterprises; Tropicana Las Vegas Holdings, LLC; Tropicana Las Vegas Resort and Casino, LLC; and Tropicana Real Estate Company, LLC. 11

12 Dated: January 31, 2011 Wilmington, Delaware Respectfully submitted, /s/ Lee E. Kaufman Mark D. Collins (No Daniel J. DeFranceschi (No Paul N. Heath (No Lee E. Kaufman (No RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Street Wilmington, Delaware Telephone: ( Facsimile: ( and - Marc Kieselstein, P.C. (admitted pro hac vice David R. Seligman, P.C. (admitted pro hac vice Marc J. Carmel (admitted pro hac vice Erik W. Chalut (admitted pro hac vice KIRKLAND & ELLIS LLP 300 North LaSalle Chicago, Illinois Telephone: ( Facsimile: ( Co-Counsel for the Reorganized OpCo Debtors 12