Pg 1 of 19 WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, New York 10153 Telephone (212) 310-8000 Facsimile (212) 310-8007 Gary T. Holtzer Robert J. Lemons Garrett A. Fail David N. Griffiths Attorneys for Debtors and Debtors in Possession UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------x In re Chapter 11 WESTINGHOUSE ELECTRIC COMPANY, et al., Case No. 17-10751 (MEW) Debtors. 1 (Jointly Administered) --------------------------------------------------------x CERTIFICATE OF NO OBJECTION UNDER 28 U.S.C. 1746 REGARDING THE DEBTORS NINTH OMNIBUS OBJECTION TO CLAIMS (DUPLICATE CLAIMS) AND NOTICE OF REVISED ORDER TO THE HONORABLE MICHAEL E. WILES UNITED STATES BANKRUPTCY JUDGE 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, if any, are Westinghouse Company (0933), CE Nuclear Power International, Inc. (8833), Fauske and Associates (8538), Field Services, (2550), Nuclear Technology Solutions (1921), PaR Nuclear Holding Co., Inc. (7944), PaR Nuclear, Inc. (6586), PCI Energy Services (9100), Shaw Global Services, (0436), Shaw Nuclear Services, Inc. (6250), Stone & Webster Asia Inc. (1348), Stone & Webster Construction Inc. (1673), Stone & Webster, Inc. d/b/a WECTEC Global Project Services Inc. (8572), Stone & Webster International Inc. (1586), Stone & Webster Services (5448), Toshiba Nuclear Energy Holdings (UK) Limited (N/A), TSB Nuclear Energy Services Inc. (2348), WEC Carolina Energy Solutions, Inc. (8735), WEC Carolina Energy Solutions, (2002), WEC Engineering Services Inc. (6759), WEC Equipment & Machining Solutions, (3135), WEC Specialty (N/A), WEC Welding and Machining, (8771), WECTEC Contractors Inc. (4168), WECTEC (6222), WECTEC Staffing Services (4135), Westinghouse Energy Systems (0328), Westinghouse Industry Products International Company (3909), Westinghouse International Technology (N/A), and Westinghouse Technology Licensing Company (5961). The Debtors principal offices are located at 1000 Westinghouse Drive, Cranberry Township, Pennsylvania 16066. WEIL\96659972\1\80768.0017
Pg 2 of 19 Pursuant to 28 U.S.C. 1746, and in accordance with this Court s case management procedures set forth in the Order Pursuant to 11 U.S.C. 105(a) and Fed. R. Bankr. P. 1015(c), 2002(m), and 9007 Implementing Certain Notice and Case Management Procedures [ECF No. 101] (the Case Management Order ), the undersigned hereby certifies as follows 1. On June 21, 2018, Westinghouse Company and its debtor affiliates, as debtors and debtors in possession in the above-captioned chapter 11 cases (collectively, the Debtors ), filed and served the Debtors Ninth Omnibus Objection to s (Duplicate s) [ECF No. 3469] (the Objection ). 2. The attached revised proposed order (the Proposed Order ) and revised Exhibit 1 attached thereto reflect informal responses received prior to the Response Deadline (defined below) from interested parties to the Objection. The revised Proposed Order is annexed hereto as Exhibit A, and a redline of the Proposed Order is annexed hereto as Exhibit B. 3. In accordance with the Case Management Order, the Debtors established 400 p.m. Eastern Time on June 17, 2018 as the deadline for parties to file responses to the Objection (the Response Deadline ). 4. The Case Management Order provides that requests for relief may be granted without a hearing, provided that no objections or other responsive pleadings have been filed on or prior to the relevant response deadline. The Response Deadline has now passed, and to the best of my knowledge, no responses have been filed with the Court on the docket of these cases in accordance with the Case Management Order or served on counsel to the Debtors. 2 2 The revised Exhibit 1 attached hereto reflects certain informal comments received from creditors and certain administrative and clerical amendments. WEIL\96659972\1\80768.0017 2
Pg 3 of 19 5. Accordingly, the Debtors respectfully request that the revised Proposed Order granting the Objection be entered in accordance with the procedures described in the Case Management Order. I declare that the foregoing is true and correct. Dated July 20, 2018 New York, New York /s/ Robert J. Lemons Gary T. Holtzer Robert J. Lemons Garrett A. Fail David N. Griffiths WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, New York 10153 Telephone (212) 310-8000 Facsimile (212) 310-8007 Attorneys for Debtors and Debtors in Possession WEIL\96659972\1\80768.0017 3
Pg 4 of 19 Exhibit A Revised Proposed Order WEIL\96659972\1\80768.0017
Pg 5 of 19 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------ x In re Chapter 11 WESTINGHOUSE ELECTRIC COMPANY Case No. 17-10751 (MEW), et al., Debtors. 3 (Jointly Administered) ------------------------------------------------------------ x ORDER GRANTING DEBTORS NINTH OMNIBUS OBJECTION TO CLAIMS (Duplicate s) Upon the Ninth Omnibus Objection to s (Duplicate s) [ECF No. 3469] (the Objection ) of Westinghouse Company and certain of its affiliates, as debtors and debtors in possession in the above-captioned chapter 11 cases (collectively, the Debtors ), pursuant to section 502(b) of title 11 of the United States Code (the Bankruptcy Code ) and Rule 3007(d) of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ); and the Court having jurisdiction to consider the Objection and the relief requested therein in accordance with 28 U.S.C. 157 and 1334 and the Amended Standing Order of Reference M-431, dated January 31, 2012 (Preska, C.J.); and consideration of the Objection and the relief requested therein 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, if any, are Westinghouse Company (0933), CE Nuclear Power International, Inc. (8833), Fauske and Associates (8538), Field Services, (2550), Nuclear Technology Solutions (1921), PaR Nuclear Holding Co., Inc. (7944), PaR Nuclear, Inc. (6586), PCI Energy Services (9100), Shaw Global Services, (0436), Shaw Nuclear Services, Inc. (6250), Stone & Webster Asia Inc. (1348), Stone & Webster Construction Inc. (1673), Stone & Webster, Inc. d/b/a WECTEC Global Project Services Inc. (8572), Stone & Webster International Inc. (1586), Stone & Webster Services (5448), Toshiba Nuclear Energy Holdings (UK) Limited (N/A), TSB Nuclear Energy Services Inc. (2348), WEC Carolina Energy Solutions, Inc. (8735), WEC Carolina Energy Solutions, (2002), WEC Engineering Services Inc. (6759), WEC Equipment & Machining Solutions, (3135), WEC Specialty (N/A), WEC Welding and Machining, (8771), WECTEC Contractors Inc. (4168), WECTEC (6222), WECTEC Staffing Services (4135), Westinghouse Energy Systems (0328), Westinghouse Industry Products International Company (3909), Westinghouse International Technology (N/A), and Westinghouse Technology Licensing Company (5961). The Debtors principal offices are located at 1000 Westinghouse Drive, Cranberry Township, Pennsylvania 16066. WEIL\96659972\1\80768.0017
Pg 6 of 19 being a core proceeding pursuant to 28 U.S.C. 157(b); and venue being proper before this Court pursuant to 28 U.S.C. 1408 and 1409; and due and proper notice of the Objection having been provided in accordance with Bankruptcy Rule 3007 and the Order Pursuant to 11 U.S.C. 105(a) and Fed. R. Bankr. P. 1015(c) and 9007 Implementing Certain Notice and Case Management Procedures; and Debtors counsel having certified that no responses to the claims to be expunged pursuant to this order were filed or received; and the Court having found and determined that the relief sought in the Objection is in the best interests of the Debtors, their estates, creditors, and all parties in interest, and that the legal and factual bases set forth in the Objection establish just cause for the relief granted herein; and after due deliberation and sufficient cause appearing therefor, it is ORDERED that the relief requested in the Objection is granted to the extent set forth herein; and it is further ORDERED that, pursuant to section 502(b) of the Bankruptcy Code and Bankruptcy Rule 3007, each of the claims listed under the heading s to be Disallowed and Expunged on Exhibit 1 annexed hereto (collectively, the Duplicate s ) is hereby disallowed and expunged; and it is further ORDERED that nothing herein shall constitute an admission or finding concerning the amount, priority, or validity of any of the claims listed under the heading Surviving s on Exhibit 1 annexed hereto (collectively, the Surviving s ); and it is further ORDERED that this Order has no res judicata, estoppel, or other effect on the validity, allowance, or disallowance of, and all rights to object to or defend on any basis are expressly reserved with respect to, any Duplicate referenced and/or identified in the Objection that is not listed on Exhibit 1 annexed hereto; and it is further 6 WEIL\96659972\1\80768.0017
Pg 7 of 19 ORDERED that the Debtors, the Debtors claims and noticing agent, Kurtzman Carson Consultants, and the Clerk of this Court are authorized to take all actions necessary or appropriate to give effect to this Order; and it is further ORDERED that this Court shall retain jurisdiction over the Debtors and the claimants whose claims are subject to the Objection with respect to any matters related to or arising from the Objection or the implementation of this Order. Dated, 2018 New York, New York HONORABLE MICHAEL E. WILES UNITED STATES BANKRUPTCY JUDGE 7 WEIL\96659972\1\80768.0017
Pg 8 of 19 Exhibit 1 Amended and Superseded s 8 WEIL\96659972\1\80768.0017
Ninth Omnibus Objection 17-10751-mew Doc 3608 Filed 07/20/18 Entered 07/20/18 171033 Main Document Pg 9 of 19 Exhibit 1 Westinghouse Company, et al. Case No. 17-10751 (MEW), Jointly Administered CLAIMS TO BE DISALLOWED AND EXPUNGED Name and Address of ant # Debtor Baker Concrete Construction, Inc. 704 East McBee Avenue Greenville, SC 29601 Amount and 3552 Westinghouse Company $1,490,168.29 Grounds For Objection Objection Page Reference Greenville, SC 29601 SURVIVING CLAIMS Name and Address of ant # Debtor Baker Concrete Construction, Inc. 704 East McBee Avenue 3545 Westinghouse Company Amount and $1,490,168.29 $1,490,168.29 $1,490,168.29 Blythewood Oil Company Inc PO Box 123 Blythewood, SC 29016 119 Westinghouse Company Blythewood Oil Company Inc PO Box 123 Blythewood, SC 29016 1601 Westinghouse Company $154,476.84 $241,212.44 $86,735.60 $241,212.44 $241,212.44 BOLTTECH MANNINGS INC 501 MOSSIDE BLVD NORTH VERSAILLES, PA 15137-2552 74 Westinghouse Company Bolttech Mannings Inc. 501 Mosside Blvd North Versailles, PA 15137 1947 Westinghouse Company $790.00 $790.00 $790.00 $790.00 (1) In the " Amount and Priority" column, = secured claim, = administrative expense claim, = priority claim, = unsecured claim and = total claim. The amounts listed are taken directly from the proofs of claim, and thus replicate any mathematical errors on the proofs of claim. Where the claim amount is zero, unliquidated, unidentified, or otherwise cannot be determined, the amount listed is "0.00". (2) s on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 1
Ninth Omnibus Objection 17-10751-mew Doc 3608 Filed 07/20/18 Entered 07/20/18 171033 Main Document Pg 10 of 19 Exhibit 1 Westinghouse Company, et al. Case No. 17-10751 (MEW), Jointly Administered Dublin 1, CLAIMS TO BE DISALLOWED AND EXPUNGED Name and Address of ant # Debtor Citibank Europe Plc 1 North Wall Quay Amount and 3049 Westinghouse Energy Systems Grounds For Objection Objection Page Reference Citibank Europe Plc New York, NY 10013 SURVIVING CLAIMS Name and Address of ant # Debtor 388 Greenwich Street, 19th Floor 2511 Westinghouse Energy Systems Amount and Construction Forms Inc 777 Maritime Drive Port Washington, WI 53074 1549 WECTEC Global Project Services Inc. Construction Forms, Inc. 777 Maritime Drive P.O. Box 308 Port Washington, WI 53074 1582 WECTEC Global Project Services Inc. $10,423.43 $219,986.89 $209,563.46 $219,986.89 $219,986.89 Donald C. Goldbach, Jr. Gellert Scali Busenkell Brown, 1201 N. Orange Street Suite 300 Wilmington, DE 19801 3282 Westinghouse Company $854,401.15 Donald C. Goldbach, Jr. Gellert Scali Busenkell Brown, 1201 N. Orange Street Suite 300 Wilmington, DE 19801 3336 Westinghouse Company $854,401.15 $854,401.15 $854,401.15 (1) In the " Amount and Priority" column, = secured claim, = administrative expense claim, = priority claim, = unsecured claim and = total claim. The amounts listed are taken directly from the proofs of claim, and thus replicate any mathematical errors on the proofs of claim. Where the claim amount is zero, unliquidated, unidentified, or otherwise cannot be determined, the amount listed is "0.00". (2) s on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 2
Ninth Omnibus Objection 17-10751-mew Doc 3608 Filed 07/20/18 Entered 07/20/18 171033 Main Document Pg 11 of 19 Exhibit 1 Westinghouse Company, et al. Case No. 17-10751 (MEW), Jointly Administered CLAIMS TO BE DISALLOWED AND EXPUNGED Name and Address of ant # Debtor GONZALES, EDWARD 621B GARDEN ST HARTFORD, CT 06112 Amount and 1769 Westinghouse Company Grounds For Objection Objection Page Reference SURVIVING CLAIMS Name and Address of ant # Debtor GONZALES, EDWARD 621B GARDEN ST HARTFORD, CT 06112 1025 Westinghouse Company Amount and HARTFIEL AUTOMATION INC PO BOX 1450 Minneapolis, MN 55485-6091 1198 PaR Nuclear, Inc. HARTFIEL AUTOMATION INC 6533 FLYING CLOUD DRIVE, STE 100 EDEN PRAIRIE, MN 55344-3333 3389 PaR Nuclear, Inc. $1,922.65 $1,922.65 $1,922.65 $1,922.65 Heath Telephone and Data, INC. PO Box 204424 Martinez, GA 30917 480 Westinghouse Company Heath Telephone & Data Inc PO Box 204424 Martinez, GA 30917 428 Westinghouse Company $71,870.22 $71,870.22 $71,870.22 $71,870.22 (1) In the " Amount and Priority" column, = secured claim, = administrative expense claim, = priority claim, = unsecured claim and = total claim. The amounts listed are taken directly from the proofs of claim, and thus replicate any mathematical errors on the proofs of claim. Where the claim amount is zero, unliquidated, unidentified, or otherwise cannot be determined, the amount listed is "0.00". (2) s on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 3
Ninth Omnibus Objection 17-10751-mew Doc 3608 Filed 07/20/18 Entered 07/20/18 171033 Main Document Pg 12 of 19 Exhibit 1 Westinghouse Company, et al. Case No. 17-10751 (MEW), Jointly Administered Maco, Inc. CLAIMS TO BE DISALLOWED AND EXPUNGED Name and Address of ant # Debtor 521 Plato Lee Road Shelby, NC 28150 Amount and 3397 Westinghouse Company $43,516.44 $695,989.33 Grounds For Objection Objection Page Reference Maco, Inc. 521 Plato Lee Road Shelby, NC 28150 SURVIVING CLAIMS Name and Address of ant # Debtor 3403 Westinghouse Company Amount and $43,516.44 $695,989.33 $739,505.77 $739,505.77 Transfered To Whitebox Asymmetric Partners, LP 3033 Excelsior Blvd., Ste. 300 Minneapolis, MN 55416 Transfer Percentage = 0.38 Transfered To Whitebox Partners, LP 3033 Excelsior Blvd., Ste. 300 Minneapolis, MN 55416 Transfer Percentage = 0. Transfered To Whitebox Asymmetric Partners, LP 3033 Excelsior Blvd., Ste. 300 Minneapolis, MN 55416 Transfer Percentage = 0.38 Transfered To Whitebox Partners, LP 3033 Excelsior Blvd., Ste. 300 Minneapolis, MN 55416 Transfer Percentage = 0. Mammoet USA North, Inc. PO Box 2199 Angleton, TX 77516 815 Stone & Webster Construction Inc. Mammoet USA North, Inc. PO Box 2199 Angleton, TX 77516 946 Stone & Webster Construction Inc. $1,251,551.62 $1,251,551.62 $1,251,551.62 $1,251,551.62 Phenomenon Post 1218 Grandview Avenue Pittsburgh, PA 15211 1245 Westinghouse Company Phenomenon Post c/o Phenomenon Post 1218 Grandview Avenue Pittsburgh, PA 15211 48 Westinghouse Company $14,815.58 $14,815.58 $14,815.58 $14,815.58 Transfered To Fair Harbor Capital, Ansonia Finance Station PO Box 237037 New York, NY 10023 Transfer Percentage = 1 Transfered To Fair Harbor Capital, Ansonia Finance Station PO Box 237037 New York, NY 10023 Transfer Percentage = 1 (1) In the " Amount and Priority" column, = secured claim, = administrative expense claim, = priority claim, = unsecured claim and = total claim. The amounts listed are taken directly from the proofs of claim, and thus replicate any mathematical errors on the proofs of claim. Where the claim amount is zero, unliquidated, unidentified, or otherwise cannot be determined, the amount listed is "0.00". (2) s on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 4
Ninth Omnibus Objection 17-10751-mew Doc 3608 Filed 07/20/18 Entered 07/20/18 171033 Main Document Pg 13 of 19 Exhibit 1 Westinghouse Company, et al. Case No. 17-10751 (MEW), Jointly Administered 266000 CLAIMS TO BE DISALLOWED AND EXPUNGED Name and Address of ant # Debtor Shandong Zhongdi IMP and EXP CO.LTD 7 Qu Tang Xia Road Shinan District QINGDAO Shandong Amount and 1591 Westinghouse Company $4,341.52 Grounds For Objection Objection Page Reference Qingdao, 266000 SURVIVING CLAIMS Name and Address of ant # Debtor Shandong Zhongdi Imp & Exp Co. LTD 7 Qu Tang Xia Road 1611 Westinghouse Company Amount and $4,341.52 $4,341.52 $4,341.52 Shealy al Wholesalers, Inc. 704 East McBee Avenue Greenville, SC 29601 3547 Westinghouse Company Shealy al Wholesalers, Inc. 704 East McBee Avenue Greenville, SC 29601 3549 Westinghouse Company $79,530.90 $79,530.90 $79,530.90 $79,530.90 SPX Flow, Inc. 101 N. Tryon Street Suite 1900 Charlotte, NC 28246 2026 Westinghouse Company SPX Flow, Inc. 101 N. Tryon Street Suite 1900 Charlotte, NC 28246 2042 Westinghouse Company $881,701.28 $881,701.28 $881,701.28 $881,701.28 (1) In the " Amount and Priority" column, = secured claim, = administrative expense claim, = priority claim, = unsecured claim and = total claim. The amounts listed are taken directly from the proofs of claim, and thus replicate any mathematical errors on the proofs of claim. Where the claim amount is zero, unliquidated, unidentified, or otherwise cannot be determined, the amount listed is "0.00". (2) s on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 5
Ninth Omnibus Objection 17-10751-mew Doc 3608 Filed 07/20/18 Entered 07/20/18 171033 Main Document Pg 14 of 19 Exhibit 1 Westinghouse Company, et al. Case No. 17-10751 (MEW), Jointly Administered SteelFab, Inc. CLAIMS TO BE DISALLOWED AND EXPUNGED Name and Address of ant # Debtor 5 Concourse Parkway Ste. 2600 Atlanta, GA 30328 Amount and 3335 WECTEC Global $669,141.01 Project Services Inc. $62,460.22 Grounds For Objection Objection Page Reference SteelFab, Inc. Atlanta, GA 30328 SURVIVING CLAIMS Name and Address of ant # Debtor 5 Concourse Parkway, Ste 2600 3337 WECTEC Global Project Services Inc. Amount and $669,141.01 $731,601.23 $669,141.01 Toshiba Corporation and Affiliates as Identified in Attached Addendum Skadden, Arps, Slate, Meagher & Flom LLP 300 S Grand Ave, Suite 3400 Los Angeles, CA 90071 3198 Westinghouse Company Toshiba Corporation and Affiliates as Identified in Attached Addendum Skadden, Arps, Slate, Meagher & Flom LLP 300 S Grand Ave, Suite 3400 Los Angeles, CA 90071 3260 Westinghouse Company True North Consulting, 150 Merchant Drive Montrose, CO 81401 2840 Westinghouse Company True North Consulting, 150 Merchant Drive Montrose, CO 81401 3141 Westinghouse Company $825,480.00 $825,480.00 $825,480.00 $825,480.00 (1) In the " Amount and Priority" column, = secured claim, = administrative expense claim, = priority claim, = unsecured claim and = total claim. The amounts listed are taken directly from the proofs of claim, and thus replicate any mathematical errors on the proofs of claim. Where the claim amount is zero, unliquidated, unidentified, or otherwise cannot be determined, the amount listed is "0.00". (2) s on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 6
Pg 15 of 19 Exhibit B Redline of Proposed Order 9 WEIL\96659972\1\80768.0017
Pg 16 of 19 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------- x -- In re Chapter 11 WESTINGHOUSE ELECTRIC COMPANY Case No. 17-10751 (MEW), et al., Debtors. 1 (Jointly Administered) ---------------------------------------------------------- x -- ORDER GRANTING DEBTORS NINTH OMNIBUS OBJECTION TO CLAIMS (Duplicate s) Upon the Ninth Omnibus Objection to s (Duplicate s) ([ECF No. [ 3469]) (the Objection ) of Westinghouse Company and certain of its affiliates, as debtors and debtors in possession in the above-captioned chapter 11 cases (collectively, the Debtors ), pursuant to section 502(b) of title 11 of the United States Code 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, if any, are Westinghouse Company (0933), CE Nuclear Power International, Inc. (8833), Fauske and Associates (8538), Field Services, (2550), Nuclear Technology Solutions (1921), PaR Nuclear Holding Co., Inc. (7944), PaR Nuclear, Inc. (6586), PCI Energy Services (9100), Shaw Global Services, (0436), Shaw Nuclear Services, Inc. (6250), Stone & Webster Asia Inc. (1348), Stone & Webster Construction Inc. (1673), Stone & Webster, Inc. d/b/a WECTEC Global Project Services Inc. (8572), Stone & Webster International Inc. (1586), Stone & Webster Services (5448), Toshiba Nuclear Energy Holdings (UK) Limited (N/A), TSB Nuclear Energy Services Inc. (2348), WEC Carolina Energy Solutions, Inc. (8735), WEC Carolina Energy Solutions, (2002), WEC Engineering Services Inc. (6759), WEC Equipment & Machining Solutions, (3135), WEC Specialty (N/A), WEC Welding and Machining, (8771), WECTEC Contractors Inc. (4168), WECTEC (6222), WECTEC Staffing Services (4135), Westinghouse Energy Systems (0328), Westinghouse Industry Products International Company (3909), Westinghouse International Technology (N/A), and Westinghouse Technology Licensing Company (5961). The Debtors principal offices are located at 1000 Westinghouse Drive, Cranberry Township, Pennsylvania 16066. WEIL\96659978\1\80768.0017WEIL\96659978\2\80768.0017
Pg 17 of 19 (the Bankruptcy Code ) and Rule 3007(d) of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ); and the Court having jurisdiction to consider the Objection and the relief requested therein in accordance with 28 U.S.C. 157 and 1334 and the Amended Standing Order of Reference M-431, dated January 31, 2012 (Preska, C.J.); and consideration of the Objection and the relief requested therein being a core proceeding pursuant to 28 U.S.C. 157(b); and venue being proper before this Court pursuant to 28 U.S.C. 1408 and 1409; and due and proper notice of the Objection having been provided in accordance with Bankruptcy Rule 3007 and the Order Pursuant to 11 U.S.C. 105(a) and Fed. R. Bankr. P. 1015(c) and 9007 Implementing Certain Notice and Case Management Procedures; and a hearing having been held on July 24, 2018 at 1100 a.m. (Eastern Time) to consider the relief requested in the Objection (the Hearing ); and Debtors counsel having certified that no responses to the claims to be expunged pursuant to this order were filed or received; and the Court having found and determined that the relief sought in the Objection is in the best interests of the Debtors, their estates, creditors, and all parties in interest, and that the legal and factual bases set forth in the Objection establish just cause for the relief granted herein; and after due deliberation and sufficient cause appearing therefor, it is ORDERED that the relief requested in the Objection is granted to the extent set forth herein; and it is further ORDERED that, pursuant to section 502(b) of the Bankruptcy Code and Bankruptcy Rule 3007, each of the claims listed under the heading s to be Disallowed and Expunged on Exhibit 1 annexed hereto (collectively, the Duplicate s ) is hereby disallowed and expunged; and it is further 2 WEIL\96659978\1\80768.0017WEIL\96659978\2\80768.0017
Pg 18 of 19 ORDERED that nothing herein shall constitute an admission or finding concerning the amount, priority, or validity of any of the claims listed under the heading Surviving s on Exhibit 1 annexed hereto (collectively, the Surviving s ); and it is further ORDERED that this Order has no res judicata, estoppel, or other effect on the validity, allowance, or disallowance of, and all rights to object to or defend on any basis are expressly reserved with respect to, any Duplicate referenced and/or identified in the Objection that is not listed on Exhibit 1 annexed hereto; and it is further ORDERED that the Debtors, the Debtors claims and noticing agent, Kurtzman Carson Consultants, and the Clerk of this Court are authorized to take all actions necessary or appropriate to give effect to this Order; and it is further ORDERED that this Court shall retain jurisdiction over the Debtors and the claimants whose claims are subject to the Objection with respect to any matters related to or arising from the Objection or the implementation of this Order. Dated, 2018 New York, New York HONORABLE MICHAEL E. WILES UNITED STATES BANKRUPTCY JUDGE 3 WEIL\96659978\1\80768.0017WEIL\96659978\2\80768.0017
Pg 19 of 19 Exhibit 1 Duplicate s WEIL\96659978\1\80768.0017WEIL\96659978\2\80768.0017