Case Doc 545 Filed 02/15/19 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA DURHAM DIVISION

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1 Case Doc 545 Filed 02/15/19 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA DURHAM DIVISION In re: ) Chapter 11 ), et al., 1 ) ) Case No ) (Jointly Administered) ) Debtors. ) ) THIRD OMNIBUS NOTICE OF REJECTION OF CERTAIN UNEXPIRED NONRESIDENTIAL REAL PROPERTY LEASES PARTIES RECEIVING THE OMNIBUS NOTICE SHOULD LOCATE THEIR NAMES AND THEIR CONTRACTS OR LEASES LISTED IN THE NOTICE PLEASE TAKE NOTICE that, on November 16, 2018 (the Petition Date ),,, Inc., Performance Direct, Inc., Bitech, Inc. and Nashbar Direct, Inc., as debtors and debtors in possession in the above-captioned chapter 11 cases (collectively, the Debtors ), filed chapter 11 petitions commencing chapter 11 cases under the Bankruptcy Code, 11 U.S.C (the Bankruptcy Code ), in the United States Bankruptcy Court for the Middle District of North Carolina (the Bankruptcy Court ). PLEASE TAKE FURTHER NOTICE that, on the Petition Date, the Debtors filed the Motion of Debtors Pursuant to 11 U.S.C. 105, 365 and 554 for Approval of Global Procedures for (a) Rejecting Unexpired Nonresidential Real Property Leases and (b) the 1 The Debtors in this case, along with each Debtor s case number, are: (i), Case No ; (ii), Inc., Case No ; (iii) Performance Direct, Inc., Case No ; (iv) Bitech, Inc., Case No ; and (v) Nashbar Direct, Inc., Case No Each Debtor is a North Carolina Corporation v1

2 Case Doc 545 Filed 02/15/19 Page 2 of 7 Abandonment of de Minimis Assets (the Motion ). On November 21, 2018 the Bankruptcy Court entered an Order granting the Motion (the Order ). A copy of the Order is attached hereto. PLEASE TAKE FURTHER NOTICE, that pursuant to the terms of the Order, the Debtor filed this Rejection Notice with the Court, as authorized by the Order, which identifies a Lease in which the Debtors have determined you are a counter-party. PLEASE TAKE FURTHER NOTICE that, pursuant to the terms of the Order, the Debtors hereby provide notice of their intent to reject the lease(s) referenced below (each a Lease ): SEE EXHIBIT A PLEASE TAKE FURTHER NOTICE that, pursuant to the terms of the Order, the rejection of the Leases shall become effective as of the date identified in Exhibit A, which is the later of (i) the date that the Rejection Notice is filed and served, (ii) the date of the Debtors unequivocal surrender of the leased premises via the delivery of the keys, key codes, and alarm codes to the premises, as applicable to the applicable lease counterparty, or, if not by delivering such keys and codes, then by providing notice that the landlord may re-let the premises and (iii) the expiration of the deadline to file an Objection as set forth below (the Rejection Date ) without further notice, hearing or order of this Court. PLEASE TAKE FURTHER NOTICE that, should you object to the Debtors rejection of the Lease, you must file and serve a written objection so that such objection is filed with the Bankruptcy Court and actually received by counsel for the Debtors, Flaster/Greenberg, P.C., 1835 Market Street, Suite 1050, Philadelphia, PA 19103, Attn: William J. Burnett, Esq. and Northen Blue, LLP, 1414 Raleigh Road, Suite 435, Chapel Hill, NC 27517, Attn: John A. 2

3 Case Doc 545 Filed 02/15/19 Page 3 of 7 Northen, no later than February 25, 2019, (the Rejection Deadline ), which is 10 calendar days after the date that the Debtors filed this Rejection Notice. PLEASE TAKE FURTHER NOTICE that absent such an objection being filed and served in compliance with the foregoing, the rejection of the Lease shall become effective as of the Rejection Date without further notice, hearing or order of the Bankruptcy Court. PLEASE TAKE FURTHER NOTICE that, if an objection is properly filed and served on the Notice Parties as specified above, the Bankruptcy Court will schedule a hearing to consider that objection. If the Bankruptcy Court upholds the objection and determines the effective date of rejection of such lease, that date shall be the rejection date. If such objection is overruled or withdrawn or the Bankruptcy Court does not determine the date of rejection, the rejection date of such lease shall be deemed to have occurred on the Rejection Date. PLEASE TAKE FURTHER NOTICE that copies of the Order and the Motion are available at 3

4 Case Doc 545 Filed 02/15/19 Page 4 of 7 Dated: February 15, 2019 Respectfully submitted, NORTHEN BLUE LLP /s/ John A. Northen North Carolina State Bar No jan@nbfirm.com Vicki L. Parrott North Carolina State Bar No vlp@nbfirm.com John Paul H. Cournoyer North Carolina State Bar No jpc@nbfirm.com 1414 Raleigh Road, Suite 435 Chapel Hill, North Carolina Telephone: (919) COUNSEL FOR THE DEBTORS-IN-POSSESSION FLASTER/GREENBERG P.C. William J. Burnett (PA Bar No ) (pro hac vice) Harry J. Giacometti (PA Bar No ) (pro hac vice) Damien Nicholas Tancredi (PA Bar No ) (pro hac vice) 1835 Market Street, Suite 1050 Philadelphia, PA (215) Telephone (215) Facsimile william.burnett@flastergreenberg.com 4

5 Case Doc 545 Filed 02/15/19 Page 5 of 7 Exhibit A Landlord Property Location Debtor(s) Store Number Rejection Date Franklin Towne Plaza LLC 8587 West Franklin Road Franklin Town Plaza Boise, ID /25/2019 Lincoln Properties 6555 Pacific Ave Stockton, CA /25/2019 Majid Shahbaz and Negar Shahbaz 8706 La Mesa Blvd.La Mesa, CA /25/2019 Brodie Oaks Ctr HL Tract Ltd 4040 S. Lamar Boulevard Brodie Oaks Shopping Center Unit 3 Austin, TX /25/2019 Kotis Properties 1424 Westover Terrace Suite 102 Greensboro, NC /25/2019 Bloomfield Park Center LLC 2081 South Telegraph Rd Bloomfield Hills, MI /25/2019 Acadia Naamans Road LLC 5329 Concord Pike Wilmington, DE /25/2019 Cavender Children Real Estate A, Ltd Mercantile Ave NE Suite A Albuquerque, NM /25/2019 5

6 Case Doc 545 Filed 02/15/19 Page 6 of 7 Landlord Property Location Debtor(s) Store Number Rejection Date LTC Vista, LLC 3550 Redondo Beach Blvd. Torrance, CA /26/2019 Libra Group LC 291 West 2100 South South Salt Lake City, UT /26/2019 Regency Center- Columbia Sutton Square LLC 6325 Falls of Neuse Rd Sutton Square Shopping Center Raleigh, NC /26/2019 London Bridge Center, LLC 2356 VA Beach Blvd Suite C VA Beach, VA /26/2019 Oak Valley Centre LLC 3059 Oak Valley Drive Ann Arbor, MI /26/2019 Mall 205 GARP, LLC 9988 SE Washington St. Portland, OR /27/2019 Fox Partners, LP 1993 Santa Rosa Avenue Santa Rosa, CA /27/2019 Irvine Retail Properties 2745 El Camino Real Tustin, CA /27/2019 6

7 Case Doc 545 Filed 02/15/19 Page 7 of 7 Landlord Property Location Debtor(s) Store Number Rejection Date The Village Square 653 Cary Towne Blvd. Cary, NC /27/2019 T-H Family Ltd Partnership 9015 W. Broad Street Richmond, VA /27/2019 Newark Main Street Acquisition Co LLC c/o Maureen White 141-C E. Main St Newark, DE /27/2019 Northsight Crossing, LLC Optim Property Solutions, Inc N. Northsight Blvd. Suite 114 Scottsdale, AZ /27/2019 Recency Center-Point Loma Plaza 3619 Midway Dr. Unit 2 San Diego, CA /28/2019 Westwood Yosemite Crossing LP-City National Bank 6570 S.Yosemite St. Suite A Greenwood Village, CO /28/2019 Federal Realty- Eastgate Shopping 1800 E Franklin Street, Suite 3 Chapel Hill, NC /28/2019 RCG-Cincinnati, LLC 7690 Montgomery Road Cincinnati, OH /28/2019 7