Case 16-10527-MFW Doc 2283 Filed 06/23/16 Page 1 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re SPORTS AUTHORITY HOLDINGS, INC., et al., 1 Debtors. Chapter 11 Case No. 16-10527 (MFW) Jointly Administered Related Docket No. 2128 CERTIFICATION OF COUNSEL REGARDING MOTION OF PLANALYTICS, INC. FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM On June 1, 2016, Planalytics, Inc. ( Planalytics ) filed its Motion for Allowance of Administrative Expense Claim [Docket No. 2128] (the Motion ). In the Motion, Planalytics sought allowance of an administrative expense claim in the amount of $30,709.68 pursuant to 11 U.S.C. 503(b)(1)(A). The deadline to object to the Motion was June 22, 2016 at 400 p.m. (the Objection Deadline ). As of the date hereof, no formal objections to the Motion have been filed, although, the Debtors, prior to the Objection Deadline, had raised an informal objection (the Informal Objection ) concerning some of the relief requested in the Motion. A hearing to consider the Motion is scheduled for June 28, 2016 at 1030 a.m. A proposed form of final order (the Original Proposed Final Order ) was filed along with the Motion. In addition to the Motion, Planalytics filed two proofs of claim against debtor TSA Stores, Inc. (the Debtor ) (i) Claim No. 3703 which asserts a general unsecured claim in the amount of $109,290.32 on account of Planalytic s damages arising in connection with the Debtor s rejection of an executory contract between the parties; and (ii) Claim No. 3708 which asserts a general unsecured claim in the amount of $28,000.00 on account of pre-petition 1 The debtors (collectively, the Debtors ) and the last four digits of their respective taxpayer identification numbers are as follows Sports Authority Holdings, Inc. (9008); Slap Shot Holdings, Corp. (8209); The Sports Authority, Inc. (2802); TSA Stores, Inc. (1120); TSA Gift Card, Inc. (1918); TSA Ponce, Inc. (4817); and TSA Caribe, Inc. (5664). The headquarters for the above-captioned Debtors is located at 1050 West Hampden Avenue, Englewood, Colorado 80110. DM1\6990345.1 1
Case 16-10527-MFW Doc 2283 Filed 06/23/16 Page 2 of 3 amounts owed to Planalytics (amendeding an earlier filed claim, filed in the same amount, albeit against the wrong debtor) (Claim No. 3703 and Claim No. 3708, together, shall be referred to as the Planalytics Unsecured Claims ). Since the filing of the Motion and the raising of the Informal Objection, Planalytics and the Debtor have engaged in settlement discussions regarding the Motion and the Planalytics Unsecured Claims. To date, the parties have reached a consensual resolution based upon the following terms Planalytics shall have an allowed administrative expense claim pursuant to 11 U.S.C. 503(b)(1)(A) in the amount of $30,709.68 (the Allowed Administrative Expense Claim ) to be paid upon either (i)(x) the substantial confirmation of or (y) the occurrence of any effective date of any Chapter 11 Plan confirmed in the bankruptcy cases or (ii) at such other time as other allowed administrative expense claims are paid as directed/ordered by the Court; Planalytics shall not file a motion seeking immediate payment of the Allowed Administrative Expense Claim at any time during the pendency of these Chapter 11 Cases; and Claim No. 3703 and Claim 3708 shall be allowed as a general unsecured claims in the amounts of $109,290.32 and $28,000, respectively, each to be paid, as applicable either (i) pursuant to the terms and conditions of any chapter 11 plan confirmed in these bankruptcy cases or (ii) at such other times as allowed general unsecured claims are paid as directed/ordered by the Court. A revised proposed form of order granting the Motion consistent with the terms of this consensual resolution (the Revised Proposed Final Order ) is attached hereto as Exhibit A. For the convenience of the Court and parties-in-interest, attached hereto as Exhibit B is a redline comparison of the Revised Proposed Final Order against the Original Proposed Final Order. Counsel to the Debtor has reviewed the Revised Proposed Final Order and has agreed to the form thereof. DM1\6990345.1 2
Case 16-10527-MFW Doc 2283 Filed 06/23/16 Page 3 of 3 In light of the foregoing, Planalytics requests that the Court enter the Revised Proposed Final Order at the earliest convenience of the Court. Dated June 23, 2016 DUANE MORRIS LLP /s/ Jarret P. Hitchings Lawrence J. Kotler, Esq. (DE 4181) Jarret P. Hitchings, Esq. (DE 5564) 30 South 17th Street Philadelphia, PA 19103-4196 (215) 979-1000 (215) 689-4951 (facsimile) and 222 Delaware Avenue, Suite 1600 Wilmington, DE 19801-1659 (302) 657-4900 (302) 657-4901 Attorney for Planalytics, Inc. DM1\6990345.1 3
Case 16-10527-MFW Doc 2283-1 Filed 06/23/16 Page 1 of 3 EXHIBIT A
Case 16-10527-MFW Doc 2283-1 Filed 06/23/16 Page 2 of 3 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE --------------------------------------------------------------- x In re Chapter 11 SPORTS AUTHORITY HOLDINGS, INC., et al. 1 Bankr. No. 16-10527 (MFW) a/k/a SPORTS AUTHORITY Debtors. (Jointly Administered) --------------------------------------------------------------- x ORDER GRANTING MOTION OF PLANALYTICS, INC. FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM Upon consideration of the Motion of Planalytics, Inc. for Allowance of Administrative Expense Claim (the Motion ) and adequate notice of the Motion having been provided; and an opportunity for a hearing on the Motion having been provided; and for good cause shown, IT IS HEREBY ORDERED that the Motion is GRANTED as set forth herein; and it is further ORDERED that Planalytics, Inc. ( Planalytics ) shall have an allowed administrative expense claim pursuant to 11 U.S.C. 503(b)(1)(A) in the amount of $30,709.68 (the Allowed Administrative Expense Claim ) to be paid upon either (i)(x) the substantial confirmation of or (y) the occurrence of any effective date of any Chapter 11 Plan confirmed in the bankruptcy cases or (ii) at such other time as other allowed administrative expense claims are paid as directed/ordered by the Court; and it is further 1 The Debtors and the last four digits of their respective taxpayer identification numbers are as follows Sports Authority Holdings, Inc. (9008); Slap Shot Holdings, Corp. (8209); The Sports Authority, Inc. (2802); TSA Stores, Inc. (1120); TSA Gift Card, Inc. (1918); TSA Ponce, Inc. (4817); and TSA Carbide, Inc. (5664). The headquarters for the above-captioned Debtors is located at 1050 West Hampden Avenue, Englewood, Colorado 80110.
Case 16-10527-MFW Doc 2283-1 Filed 06/23/16 Page 3 of 3 ORDERED that, upon agreement of the parties, Planalytics shall not file a motion seeking immediate payment of the Allowed Administrative Expense Claim at any time during the pendency of these Chapter 11 Cases; and it is further. ORDERED that Claim No. 3703 filed by Planalytics shall be allowed as a general unsecured claim in the amount of $109,290.32 to be paid, as applicable either (i) pursuant to the terms and conditions of any chapter 11 plan confirmed in these bankruptcy cases or (ii) at such other times as allowed general unsecured claims are paid as directed/ordered by the Court; and it is further ORDERED that Claim No. 3708 filed by Planalytics shall be allowed as a general unsecured claim in the amount of $28,000.00 to be paid, as applicable, either (i) pursuant to the terms and conditions of any chapter 11 plan confirmed in these bankruptcy cases or (ii) at such other time as allowed general unsecured claims are paid as directed/ordered by the Court and it is further ORDERED that upon this Order becoming a final Order, the Debtors Court-approved claims agent shall update the official claims register maintained in these cases, for internal purposes, to reflect the allowance of Claim Nos. 3703 and 3708, and attach this order as proof thereof in the claims history. Dated, 2016 HONORABLE MARY F. WALRATH, UNITED STATES BANKRUPTCY JUDGE 2
Case 16-10527-MFW Doc 2283-2 Filed 06/23/16 Page 1 of 3 EXHIBIT B
Case 16-10527-MFW Doc 2283-2 Filed 06/23/16 Page 2 of 3 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE --------------------------------------------------------------- x In re Chapter 11 SPORTS AUTHORITY HOLDINGS, INC., et al. 1 Bankr. No. 16-10527 (MFW) a/k/a SPORTS AUTHORITY Debtors. (Jointly Administered) --------------------------------------------------------------- x ORDER GRANTING MOTION OF PLANALYTICS, INC. FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM Upon consideration of the Motion of Planalytics, Inc. for Allowance of Administrative Expense Claim Pursuant to 11 U.S.C. 503(b)(1)(A) (the Motion ) and adequate notice of the Motion having been provided, and the Court having considered any objections filed with respect to the Motion, as well as oral argument of counsel; and an opportunity for a hearing have been conducted on the Motion having been provided; and for good cause shown, IT IS HEREBY ORDERED that the Motion is GRANTED as set forth herein; and it is further ORDERED that within ten (10) days of the entry of this Order, the Debtors shall pay to Planalytics, Inc., in immediately available funds, the sum of $30,709.68. Planalytics, Inc. ( Planalytics ) shall have an allowed administrative expense claim pursuant to 11 U.S.C. 503(b)(1)(A) in the amount of $30,709.68 (the Allowed Administrative Expense Claim ) to be paid upon either (i)(x) the substantial confirmation of or (y) the occurrence of any effective date 1 The Debtors and the last four digits of their respective taxpayer identification numbers are as follows Sports Authority Holdings, Inc. (9008); Slap Shot Holdings, Corp. (8209); The Sports Authority, Inc. (2802); TSA Stores, Inc. (1120); TSA Gift Card, Inc. (1918); TSA Ponce, Inc. (4817); and TSA Carbide, Inc. (5664). The headquarters for the above-captioned Debtors is located at 1050 West Hampden Avenue, Englewood, Colorado 80110.
Case 16-10527-MFW Doc 2283-2 Filed 06/23/16 Page 3 of 3 of any Chapter 11 Plan confirmed in the bankruptcy cases or (ii) at such other time as other allowed administrative expense claims are paid as directed/ordered by the Court; and it is further ORDERED that, upon agreement of the parties, Planalytics shall not file a motion seeking immediate payment of the Allowed Administrative Expense Claim at any time during the pendency of these Chapter 11 Cases; and it is further. ORDERED that Claim No. 3703 filed by Planalytics shall be allowed as a general unsecured claim in the amount of $109,290.32 to be paid, as applicable either (i) pursuant to the terms and conditions of any chapter 11 plan confirmed in these bankruptcy cases or (ii) at such other times as allowed general unsecured claims are paid as directed/ordered by the Court; and it is further ORDERED that Claim No. 3708 filed by Planalytics shall be allowed as a general unsecured claim in the amount of $28,000.00 to be paid, as applicable, either (i) pursuant to the terms and conditions of any chapter 11 plan confirmed in these bankruptcy cases or (ii) at such other time as allowed general unsecured claims are paid as directed/ordered by the Court and it is further ORDERED that upon this Order becoming a final Order, the Debtors Court-approved claims agent shall update the official claims register maintained in these cases, for internal purposes, to reflect the allowance of Claim Nos. 3703 and 3708, and attach this order as proof thereof in the claims history. Dated, 2016 HONORABLE MARY F. WALRATH, UNITED STATES BANKRUPTCY JUDGE H\Original Order.docx 2