Case KJC Doc 1161 Filed 12/16/13 Page 1 of 9 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE.

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1 Case KJC Doc 1161 Filed 12/16/13 Page 1 of 9 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re EXIDE TECHNOLOGIES, Debtor x x Chapter 11 Case No (KJC) Obj. Due December 30, 2013 FIRST OMNIBUS NOTICE OF ASSUMPTION OF S P TAKE NOTICE that, on November 13, 2013, the United States Bankruptcy Court for the District of Delaware (the Bankruptcy Court ) entered the order [Docket No. 1079] (the Order ) on the motion, dated October 24, 2013 (the Motion ), 2 of Exide Technologies ( Exide or the Debtor ) for entry of an order, pursuant to sections 105 and 365 of title 11 of the United States Code, 11 U.S.C and Rules 6006 and 9014 of the Federal Rules of Bankruptcy Procedure authorizing and approving expedited procedures (the Assumption Procedures ) for the Debtor to assume unexpired leases of nonresidential real property, including subleases or other agreements, to which the Debtor is a party that may be considered an unexpired lease of nonresidential real property, including any (each a ) with applicable counterparties (the Counterparties ) as set forth on Exhibit A attached hereto. P TAKE FURTHER NOTICE that, pursuant to the terms of the Order, the Debtor hereby provides notice of its intent to assume the above-referenced (s). 1 2 The last four digits of the Debtor s taxpayer identification number are The Debtor s corporate headquarters are located at Deerfield Parkway, Building 200, Milton, Georgia Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Motion.

2 Case KJC Doc 1161 Filed 12/16/13 Page 2 of 9 P TAKE FURTHER NOTICE that, the Debtor s records reflect the amounts owing, if any, for prepetition arrearages as set forth on Exhibit A (the Cure Amount ). P TAKE FURTHER NOTICE that, should you object to the Debtor s assumption of any of the s, you must file and serve a written objection so that such objection is filed with the Court and actually received no later than fourteen (14) calendar days after the date that the Debtor served this First Omnibus Notice of Assumption of s (the Assumption Notice ) by the following parties (collectively, the Objection Service Parties ) (i) counsel to the Debtor, Skadden, Arps, Slate, Meagher & Flom LLP, Four Times Square, New York, New York 10036, Attn Kenneth S. Ziman, Esq. and J. Eric Ivester, Esq. and One Rodney Square, P.O. Box 636, Wilmington, Delaware , Attn Anthony W. Clark, Esq. and 155 N. Wacker Drive, Chicago, Illinois , Attn James J. Mazza, Jr. and Louis S. Chiappetta; (ii) co-counsel for the Debtor, Pachulski Stang Ziehl & Jones LLP, 919 North Market Street, 17th Floor, Wilmington, DE , Attn. Laura Davis Jones; (iii) counsel to the Creditors Committee, Lowenstein Sandler LLP, 1251 Avenue of the Americas, New York, New York 10020, Attn Kenneth A. Rosen, Esq. and Gerald C. Bender, Esq., and 65 Livingston Avenue, Roseland, New Jersey 07068, Attn Sharon L. Levine, Esq.; (iv) counsel to the agent under the debtor in possession financing, Davis, Polk & Wardwell LLP, 450 Lexington Avenue, New York, New York 10017, Attn Damian S. Schaible, Esq. and Richards, Layton & Finger, P.A., One Rodney Square, 920 North King Street, Wilmington, Delaware 19801, Attn Mark D. Collins, Esq.; (v) counsel to the unofficial committee of senior secured noteholders, Paul, Weiss, Rifkind, Wharton & Garrison LLP, 1285 Avenue of the Americas, New York, New York 10019, Attn Alice Belisle Eaton, Esq. and Young Conaway Stargatt & Taylor, LLP, Rodney Square, 1000 King Street, Wilmington, Delaware 19801, Attn Pauline K. Morgan, Esq.; 2

3 Case KJC Doc 1161 Filed 12/16/13 Page 3 of 9 (vi) the Office of the United States Trustee for the District of Delaware, Office of the United States Trustee, Room 2207, Lockbox 35, 844 North King Street, Wilmington, Delaware 19801, Attn Mark Kenney, Esq.; (vii) any counterparty to the affected s; and (viii) any other parties in interest who are required to be given notice pursuant to Federal Rule of Bankruptcy Procedure P TAKE FURTHER NOTICE that, absent an objection being filed in compliance with the Assumption Procedures, the assumption of such s shall become effective on December 30, 2013 (the Assumption Date ) without further notice, hearing or order of this Court unless the Debtor withdraws such Assumption Notice on or prior to the Assumption Date. P TAKE FURTHER NOTICE that all undisputed cure amounts shall be paid within ten (10) days of the Assumption Date. Any disputed cure amount must be paid by the earlier of (i) when the Debtor and the applicable Counterparty can agree to an amount or (ii) ten (10) days after the date of the entry of an order by the Bankruptcy Court determining an amount. P TAKE FURTHER NOTICE that if an objection to the assumption of any (s) is not timely filed, then (i) the Debtor s proposed Cure Amount shall be binding upon the counterparty to the for all purposes in the Chapter 11 Case and will constitute a final determination of the assumption; and (ii) the effective date of such assumption will be the Assumption Date or such other date to which the Debtor and the Counterparty or Counterparties to such (s) have agreed. P TAKE FURTHER NOTICE that if an objection to the assumption of any (s) is timely filed and not withdrawn or resolved, a hearing to consider the objection 3

4 Case KJC Doc 1161 Filed 12/16/13 Page 4 of 9 for the (s) to which such objection relates (the Assumption Motion Hearing ) shall be held on January 6, 2014 beginning at 1100 a.m. (Eastern) in the Bankruptcy Court, 824 Market Street, 5 th Floor, Courtroom 5, Wilmington, Delaware. If such objection is overruled or withdrawn, such (s) shall be assumed with the effective date of the Assumption Date or such other date to which the Debtor and the Counterparty to such (s) have agreed. Dated Wilmington, Delaware December 16, 2013 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP /s/ Kristhy M. Peguero Anthony W. Clark (I.D. No. 2051) Kristhy M. Peguero (I.D. No. 4903) One Rodney Square P.O. Box 636 Wilmington, Delaware Telephone (302) Fax (302) and - Kenneth S. Ziman J. Eric Ivester Four Times Square New York, New York Telephone (212) Fax (212) and - James J. Mazza, Jr. 155 N. Wacker Dr. Chicago, Illinois Telephone (312) Fax (312) Counsel for Debtor and Debtor in Possession 4

5 Case KJC Doc 1161 Filed 12/16/13 Page 5 of 9 Exhibit A Assumption Schedule 5

6 Case KJC Doc 1161 Filed 12/16/13 Page 6 of 9 Exhibit A Assumption Schedule LANDLORD LANDLORD ADDRESS 61 Swan Street PO BOX 425 Batavia, NY AGREEMENT PROPERTY ADDRESS OF UNDERLYING CURE AMOUNT 61 Swan Street of Batavia, Inc. Beck North 8, LLC Attn Ronald Viele 61 Swan Street PO BOX 425 Batavia, NY Attn Ronald Vile 61 Swan Street PO BOX 425 Batavia, NY Attn Ben Bonarego 61 Swan Street PO BOX 425 Batavia, NY Attn Sherman Freund 720 Welch Rd. Commerce Township, MI Welch Rd. Commerce Township, MI Attn Administration C/O Indcor Properties 2 N. Riverside Plaza Suite 1900 Chicago, IL dated March 31, 2004, and any dated July 29, 2005, and any Ganson Ave Batavia, NY $ Cartier Rd Wixom, MI $0.00 C/O Indcor Properties 7887 E. Belleview Avenue, Suite 325 Denver, CO BRE/TX INDUSTRIAL PROPERTIES L.L.C. C/O Indcor Properties Attn Charles E. Sullivan 7887 E. Belleview Avenue Suite 325 Denver, CO C/O BRE/US Industrial Properties Lockbox Solutions Center Chicago, IL dated October 24, 2002, any 4647 Pine Timbers, Suite 115 Houston, TX $

7 Case KJC Doc 1161 Filed 12/16/13 Page 7 of 9 LANDLORD LANDLORD ADDRESS P.O. Box Dallas, TX AGREEMENT PROPERTY ADDRESS OF UNDERLYING CURE AMOUNT C/O Neil S Sader, Esq 2345 Grand Blvd Ste 1925 Kansas City, MO CRP Holdings A - 1, LLC C/O The Sader Law Firm Attn Neil S Sader, Esq 2345 Grand Blvd Ste 1925 Kansas City, MI Platte Valley Portfolio Lockbox Expedite Way Chicago, IL Po Box Dallas, TX dated August 19, 2003, and any 420 NW Parkway, Bldg. 10 Riverside, MO $0.00 East Group Properties, LP Fratelli Partners, LP IndCor Properties 2200 East Camelback Rd. Suite 210 Phoenix, AZ Po Box Atlanta, GA Attn Chris Wills 2200 East Camelback Rd. Suite 210 Phoenix, AZ Third Street Charleroi, PA Attn John J. Lacarte 100 Third Street Charleroi, PA Two North Riverside Plaza, Suite 2350 Chicago, IL East Belleview Avenue, Suite 325 Denver, CO Attn Charles Sullivan 7887 East Belleview Avenue Suite 325 dated November 1, 2000, and any dated September 28, 2004, and any dated July 3, 2002, and any 5701 W. Latham St., #106 Phoenix, AZ $ Simko Blvd., Suite 106 Charleroi, PA $ Sussex Ave Aurora, IL $0.00 2

8 Case KJC Doc 1161 Filed 12/16/13 Page 8 of 9 LANDLORD James J. Bergman LBUBS 200-CI Norcross Office Limited Partnership LANDLORD ADDRESS Denver, CO PO Box Anchorage, AK Attn Grant Peterson C/O LNR Partners 1601 Washington Ave. Ste 700 Miami Beach, FL Attn Mark Miller C/O LNR Partners 1601 Washington Ave. Ste 700 Miami Beach, FL North Sullivan Rd. Bldg N Spokane Valley, WA C/O Colliers International 5871 Glenridge Drive Suite 400 Atlanta, GA AGREEMENT dated December 28, 2004, and any dated November 11, 2005, and any, including, without limitation, that certain Third Amendment to Office (13000 Deerfield Parkway) dated as of December 16, 2013 pursuant to which the leased premises and corresponding rent has been reduced, the term of the lease has been extended and the debtors shall pay a $125,000 security deposit PROPERTY ADDRESS OF UNDERLYING CURE AMOUNT 1131 E. 76th Ave., Suite 400 Anchorage, AK $1, Deerfield Pkwy., Suites 100, 111, 112, 200 and 210 Milton, GA $0.00 3

9 Case KJC Doc 1161 Filed 12/16/13 Page 9 of 9 LANDLORD Prologis NA 2 Texas LLC Prologis Targeted U.S. Logistics Fund L.P. Sunbeam Properties LANDLORD ADDRESS 2310 LBJ Freeway Suite 200 Dallas, TX P.O. Box Dallas, TX C/O Tarragon Property Services 1302 Puyallup Street Sumner, WA Sw 95th Avenue Suite 405 Wilsonville, OR Prologis Targeted U.S. Logistic Po Box Dallas, TX th St. Miami, FL th St. Causeway Miami, FL Attn Andrew Ansin th St. Miami, FL AGREEMENT dated January 20, 2012, and any Industrial - Triple Net Sunrise Building, dated September 26, 2012, and any Business, dated November 7, 2005, and any PROPERTY ADDRESS OF UNDERLYING CURE AMOUNT Freeport Bldg 1, 9500 North Royal Lane, Suite 150 Irving, TX $ nd Ave., E, Suite 101 Sumner, WA $ USA Today Way Miramar, FL $0.00 4