Case 14-11916-HJB Doc # 3397 Filed 04/11/16 Desc Main Document Page 1 of 10 HEARING DATE AND TIME May 4, 2016 at 1000 a.m. (Eastern Time) OBJECTION DEADLINE April 21, 2016 at 400 p.m. (Eastern Time) UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE ---------------------------------------------------------------x In re GT ADVANCED TECHNOLOGIES INC., et al., Reorganized Debtors. 1 ---------------------------------------------------------------x Case No. 14-11916 (HJB) Jointly Administered REORGANIZED DEBTORS MOTION FOR FINAL DECREE CLOSING CERTAIN CHAPTER 11 CASES PURSUANT TO BANKRUPTCY CODE SECTION 350(a), BANKRUPTCY RULE 3022, AND LOCAL BANKRUPTCY RULE 3022-1 NUNC PRO TUNC TO EFFECTIVE DATE OF DEBTORS CHAPTER 11 PLAN GT Advanced Technologies Inc. ( GT ) and its affiliated reorganized debtors (collectively, GTAT or the Reorganized Debtors ) hereby submit this motion (the Motion ) for entry of the Final Decree Closing Certain Cases Pursuant to Bankruptcy Code Section 350(a), Bankruptcy Rule 9022, and Local Bankruptcy Rule 3022-1 Nunc Pro Tunc to the Effective Date of Debtors Plan, a copy of which is attached hereto as Exhibit A (the Final Decree ). In support of this Motion, GTAT respectfully represents PRELIMINARY STATEMENT 6. By this Motion, GTAT seeks entry of the Final Decree closing the six chapter 11 cases that have been consolidated into the chapter case of GTAT Corporation ( GTAT Corp ) pursuant to the order confirming GTAT s chapter 11 plan [Docket No. 3310] (the Confirmation Order ), i.e., the chapter 11 cases of GT Advanced Cz LLC (Case No. 14-11925), GT Advanced Equipment Holding LLC (Case No. 14-11929), GT Equipment Holdings, Inc. (Case No. 14-1 The Reorganized Debtors, along with the last four digits of each reorganized debtor s tax identification number, as applicable, are GT Advanced Technologies Inc. (6749), GTAT Corporation (1760), Lindbergh Acquisition Corp. (5073), GT Advanced Cz LLC (9815), and GT Advanced Technologies Limited (1721). The Reorganized Debtors corporate headquarters are located at 243 Daniel Webster Highway, Merrimack, NH 03054.
Case 14-11916-HJB Doc # 3397 Filed 04/11/16 Desc Main Document Page 2 of 10 11917), GT Sapphire Systems Group LLC (Case No. 14-11923), GT Sapphire Systems Holding LLC (14-11924), and Lindbergh Acquisition Corp. (Case No. 14-11922) (collectively, the Fully Administered Debtors ), nunc pro tunc to the effective date of GTAT s chapter 11 plan. The three chapter 11 cases of the remaining debtors, i.e., GT Advanced Technologies Inc. (Case No. 14-11916) ( GT Inc. ), GTAT Corporation (Case No. 14-11919), and GT Advanced Technologies Limited (Case No. 14-11920) ( GT Hong Kong and, together with GT Inc. and GTAT Corp, the Remaining Debtors ) will remain open and will continue to be jointly administered under Case No. 14-11916. 7. GTAT does not believe there is any administrative need for the chapter 11 cases of the Fully Administered Debtors to remain open at this time. The closing of the Fully Administered Debtors chapter 11 cases will not affect distributions to creditors because the Remaining Debtors will continue to administer claims and disbursements to creditors in classes entitled to a distribution under GTAT s confirmed chapter 11 plan. Additionally, the Court has approved the substantive consolidation of the Fully Administered Debtors into GTAT Corporation, such that any unresolved matter or any matter that may arise with respect to any of the Fully Administered Debtors will be considered in connection with the chapter 11 case of GTAT Corp. Indeed, at least one chapter 11 case will remain open for each of the classes of general unsecured claims established under GTAT s plan of reorganization. Additionally, all remaining contested matters in these chapter 11 cases can be administered in the chapter 11 cases of the Remaining Debtors. 8. GTAT has also consulted with the Office of the United States Trustee for Region 3 (the US Trustee ) regarding the relief requested herein, and the US Trustee does not oppose 2
Case 14-11916-HJB Doc # 3397 Filed 04/11/16 Desc Main Document Page 3 of 10 this Motion. Accordingly, GTAT requests that the Court enter the Final Decree closing the chapter 11 cases of the Fully Administered Debtors. JURISDICTION AND VENUE 9. The Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334. This matter is a core proceeding within the meaning of 28 U.S.C. 157(b)(2). Venue is proper pursuant to 28 U.S.C. 1408 and 1409. The statutory bases for the relief requested are section 350(a) of title 11 of the United States Code (the Bankruptcy Code ), Rule 9022 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ), and Rule 9022-1 of the Local Bankruptcy Rules of the United States Bankruptcy Court for the District of New Hampshire (the Local Bankruptcy Rules ). BACKGROUND General 10. On October 6, 2014 (the Petition Date ), GTAT commenced voluntary cases under chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the District of New Hampshire (the Court ). The cases were consolidated for procedural purposes only by order entered October 8, 2014 [Docket No. 47], and are being jointly administered pursuant to Bankruptcy Rule 1015. 11. On March 8, 2016, the Court entered the Confirmation Order confirming the Debtors' Amended Joint Plan of Reorganization Under of The Bankruptcy Code, Dated March 7, 2016 (the Plan ). The Plan defines Corp Debtors as that group of seven debtors comprised of the six Fully Administered Debtors and GTAT Corp. 2 2 See Plan 1.53. 3
Case 14-11916-HJB Doc # 3397 Filed 04/11/16 Desc Main Document Page 4 of 10 12. Paragraph 19 of the Confirmation Order provides that as of the Effective Date the Corp Debtors will be substantively consolidated, with the assets and liabilities of the Corp Debtors deemed the assets and liabilities of one entity. Pursuant to the Confirmation Order, the chapter 11 cases of the Corp Debtors were consolidated into the chapter 11 case of GTAT Corporation, Case No. 14-11919. 13. On March 17, 2016, the Plan became effective and was substantially consummated (the Effective Date ). See Notice of Occurrence of Effective Date of Debtors Amended Joint Plan of Reorganization Under of the Bankruptcy Code, Dated March 7, 2016 [Docket No. 3353]. Remaining Tasks and Open Matters 14. With the occurrence of the Effective Date, the remaining requirements for the Reorganized Debtors under the Plan primarily concern the administration of claims and the making of distributions on account of claims. The Reorganized Debtors have assumed the management of the property dealt with under the Plan and have commenced distributions contemplated by the Plan. 15. In accordance with Section 16.8 of the Plan, and pursuant to section 1930 of chapter 123 of title 28 of the United States Code, all fees payable through the Effective Date have been paid and will be continued to be paid to the US Trustee. GTAT does not owe any fees to the Clerk of the Bankruptcy Court as of the date hereof. Appeals 16. No appeals are pending against the Fully Administered Debtors. 3 3 One appeal was filed by Guishou Haotian Optoelectronics Technology Co., Ltd. ( HTOT ) against the Debtors in respect of the Bankruptcy Court s order, dated March 18, 2016, concerning four of HTOT s claims filed against GT Hong Kong (the HTOT Claims ). Because the HTOT Claims are asserted only against GT Hong Kong, i.e., one of the Remaining Debtors, the closing of the chapter 11 cases of the Fully 4
Case 14-11916-HJB Doc # 3397 Filed 04/11/16 Desc Main Document Page 5 of 10 Pending Adversary Proceedings 17. There are no open adversary proceedings involving the Fully Administered Debtors. RELIEF REQUESTED 18. By this Motion, GTAT seeks entry of the Final Decree closing the chapter 11 cases of the six Fully Administered Debtors nunc pro tunc to the Effective Date. Notwithstanding the closing of the Fully Administered Debtors cases, GTAT also requests authorization, pursuant to Bankruptcy Rules 1009(a) and 9006(b), to amend, if necessary, the Schedules and Statements of Financial Affairs that have been filed by the Fully Administered Debtors by filing such an amendment in the chapter 11 case of GT Inc. (Case No. 14-11916) (the Lead Case ). For the avoidance of doubt, the chapter 11 cases of the Remaining Debtors will continue to be jointly administered under the Lead Case. BASIS FOR RELIEF REQUESTED 19. Section 350(a) of the Bankruptcy Code provides that [a]fter an estate is fully administered and the court has discharged the trustee, the court shall close the case. 4 Bankruptcy Rule 3022, which implements section 350 of the Bankruptcy Code, further provides that [a]fter an estate is fully administered in a chapter 11 reorganization case, the court, on its own motion or on motion of a party in interest, shall enter a final decree closing the case. 5 4 5 Administered Debtors does not affect this appeal. Another appeal was filed by Tera Xtal Technology Corp. ( TXT ) against the Debtors in respect of the Bankruptcy Court s denial of its administrative expense claim against GT Hong Kong (the TXT Claim ). Because the TXT Claim is asserted only against GT Hong Kong, the closing of the chapter 11 cases of the Fully Administered Debtors does not affect this appeal either. 11 U.S.C. 350(a). FED. R. BANKR. P. 3022. 5
Case 14-11916-HJB Doc # 3397 Filed 04/11/16 Desc Main Document Page 6 of 10 20. The term fully administered is not defined by either the Bankruptcy Code or the Bankruptcy Rules. The Advisory Committee Note on the 1991 amendments to Bankruptcy Rule 3022 comments, however, that [e]ntry of a final decree closing a chapter 11 case should not be delayed solely because the payments required by the plan have not been completed. This Advisory Note also sets forth certain factors that should be considered when evaluating whether a case has been fully administered. These factors are a) whether the order confirming the plan has become final; b) whether deposits required by the plan have been transferred; c) whether the property proposed by the plan to be transferred has been transferred; d) whether the debtor or the successor of the debtor under the plan has assumed the business or management of the property dealt with by the plan; e) whether payments under the plan have commenced; and f) whether all motions, contested matters and adversary proceedings have been fully resolved. Courts have generally used the six factors listed in the 1991 Advisory Note to determine whether a case has been fully administered. 6 The six factors, however, are merely guidelines that aid a court s determination, and each of the factors need not be present before a court enters a final decree. 7 6 7 See, e.g., In re Swiss Chalet, Inc., 485 B.R. 47, 51 (Bankr. D.P.R. 2012); In re Commonwealth Ave. Corp., 213 B.R. 794, 795 (Bankr. D. Mass. 1997); see also In re McClelland, 377 B.R. 446, 453 (Bankr. S.D.N.Y. 2007) (noting that the 1991 Advisory Committee Notes to Rule 3022 list a number of factors for the Court to consider before entering a final decree ). See, e.g., In re Swiss Chalet, 485 B.R. at 51 ( These factors are not exhaustive nor must a party demonstrate all of them for the court to consider that a case to be fully administered. ) (internal quotation marks omitted); see also In re Mold Makers, Inc., 124 B.R. 766, 768-69 (Bankr. N.D. Ill. 1990) (stating that the Committee Note and the factors therein merely serve as a guide in assisting the Court in its decision to close a case. ). 6
Case 14-11916-HJB Doc # 3397 Filed 04/11/16 Desc Main Document Page 7 of 10 21. In addition to the factors set forth above, courts have also considered whether the plan of reorganization has been substantially consummated to determine if a case has been fully administered. 8 Section 1101(2) defines substantial consummation as follows a) transfer of all or substantially all of the property proposed by the plan to be transferred; b) assumption by the debtor or by the successor to the debtor under the plan of the business or of the management of all or substantially all of the property dealt with by the plan; and c) commencement of distribution under the plan. 22. Moreover, case law is clear that entry of a final closing decree is only an administrative task that does not determine substantive rights of the parties. 9 23. Here, each of the chapter 11 cases of the Fully Administered Debtors have been fully administered within the meaning of section 350 of the Bankruptcy Code, making it appropriate for the Court to enter a final decree closing those cases. Specifically The Plan has been substantially consummated and all the transactions contemplated by the Plan closed on the Effective Date; An initial distribution to creditors of the Fully Administered Debtors has occurred and future distributions will be administered by the Remaining Debtors; and GTAT has emerged from chapter 11 as a reorganized business. 24. Most importantly, the substantive consolidation of the Fully Administered Debtors into GTAT Corp, whose chapter 11 case will remain open, obviates any need for the 8 9 See In re BankEast Corp., 132 B.R. 665, 668 n.3 (Bankr. D.N.H. 1991) ( This Court deems a chapter 11 estate to be fully administered pursuant to Bankruptcy Rule 3022 at the point of substantial consummation as defined by 1101(2) of the Bankruptcy Code. ). See Greater Jacksonville Transp. Co. v. Willis (In re Greater Jacksonville Transp. Co.), 169 B.R. 221, 224 (Bankr. M.D. Fla. 1994) (entry of a final decree is an administrative event which is not designed to determine the substantive rights of parties in interest); see also In re Gould, 437 B.R. 34, 38 (Bankr. D. Conn. 2010) (noting that a final decree simply delineates on the docket that the case is closed; it represents the administrative conclusion of the case for recording keeping purposes. ). 7
Case 14-11916-HJB Doc # 3397 Filed 04/11/16 Desc Main Document Page 8 of 10 chapter 11 cases of the Fully Administered Debtors to remain open. Any open items relating to the chapter 11 cases of the Fully Administered Debtors, including claims resolutions, will be handled in the chapter 11 case of GTAT Corp. 25. In addition to the foregoing, the Fully Administered Debtors are required to pay quarterly fees to the US Trustee after confirmation and consummation of the Plan until each case is closed pursuant to section 1930 of chapter 123 of title 28 to the United States Code. To date, the Fully Administered Debtors have paid tens of thousands of dollars in quarterly fees to the Trustee. Permitting the Fully Administered Debtors to close their chapter 11 cases at this time will eliminate a substantial expense that is an unnecessary financial burden on the Fully Administered Debtors. 26. In light of the factors noted above, GTAT submits that ample justification exists for entry of a final decree closing the Fully Administered Debtors chapter 11 cases. CLOSING REPORT 27. Pursuant to Local Bankruptcy Rule 3022-1, a debtor seeking to close a case must file a final report in the form prescribed by the Local Bankruptcy Rules, outlining the professional fee payments and the steps taken to consummate the plan, including disbursements made during the chapter 11 cases. GTAT requests that such post-confirmation reporting requirements be deferred with respect to the chapter 11 cases of Fully Administered Debtors because (a) GTAT s chapter 11 cases have been jointly administered under the Lead Case, (b) GTAT has made all professional fee payments and Plan disbursements to date and will continue making such payments and disbursements, and (c) the Remaining Debtors cases will remain open. Furthermore, a final report will be filed upon the closing of the Lead Case and will include information relating to all of GTAT s chapter 11 cases, including the chapter 11 cases of the 8
Case 14-11916-HJB Doc # 3397 Filed 04/11/16 Desc Main Document Page 9 of 10 Fully Administered Debtors. As such, the requirement of Local Bankruptcy Rule 3022-1 will ultimately be satisfied. NOTICE 28. Notice of this Motion has been provided by email, facsimile, or overnight courier to (a) the Office of the United States Trustee for Region 1, 1000 Elm Street, Suite 605 Manchester, NH 03101, Attn Geraldine L. Karonis; (b) Kelley Drye & Warren LLP, 101 Park Avenue, New York, NY 10178, Attn James S. Carr, Esq., counsel to the Official Committee of Unsecured Creditors; (c) the Internal Revenue Service, 1000 Elm St., 9th Floor Manchester, NH 03101, Attn District and Regional Directors; (d) U.S. Securities and Exchange Commission, 100 F Street, NE, Washington, DC 20549; and (e) those parties who have formally filed requests for notice in these chapter 11 cases pursuant to Bankruptcy Rule 2002. NO PRIOR REQUEST 29. No previous request for the relief sought herein has been made by GTAT to this or any other court. WAIVER OF MEMORANDUM OF LAW 30. GTAT requests that the Court waive and dispense with the requirement set forth in Local Bankruptcy Rule 7102(b)(2) that any motion filed shall have an accompanying memorandum of law. The legal authorities upon which the GTAT relies are set forth in the Motion. Accordingly, GTAT submits that a waiver of the Local Bankruptcy Rule 7102(b)(2) requirement is appropriate under these circumstances. [Remainder of page left intentionally blank.] 9
Case 14-11916-HJB Doc # 3397 Filed 04/11/16 Desc Main Document Page 10 of 10 WHEREFORE, GTAT respectfully requests that the Court enter the Final Decree attached hereto as Exhibit A. Dated April 11, 2016 /s/ James T. Grogan Luc A. Despins, Esq. Andrew V. Tenzer, Esq. James T. Grogan, Esq. (BNH07394) PAUL HASTINGS LLP Park Avenue Tower 75 East 55th Street, First Floor New York, New York 10022 Telephone (212) 318-6000 Facsimile (212) 319-4090 - and - Daniel W. Sklar, Esq. Holly J. Barcroft, Esq. NIXON PEABODY LLP 900 Elm Street Manchester, NH 03101-2031 Telephone (603) 628-4000 Facsimile (603) 628-4040 Co-Counsel for Reorganized Debtors 10
Case 14-11916-HJB Doc # 3397-1 Filed 04/11/16 Desc Exhibit A - Proposed Order Page 1 of 7 Exhibit A Proposed Order
Case 14-11916-HJB Doc # 3397-1 Filed 04/11/16 Desc Exhibit A - Proposed Order Page 2 of 7 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE -------------------------------------------------------------- In re GT ADVANCED TECHNOLOGIES INC., Reorganized Debtor. -------------------------------------------------------------- In re GTAT CORPORATION, Reorganized Debtor. -------------------------------------------------------------- In re GT ADVANCED EQUIPMENT HOLDING LLC, Reorganized Debtor. -------------------------------------------------------------- In re GT EQUIPMENT HOLDINGS, INC., Reorganized Debtor. -------------------------------------------------------------- In re LINDBERGH ACQUISITION CORP., Reorganized Debtor. x x x x x Case No. 14-11916 (HJB) Case No. 14-11919 (HJB) Case No. 14-11929 (HJB) Case No. 14-11917 (HJB) Case No. 14-11922 (HJB)
Case 14-11916-HJB Doc # 3397-1 Filed 04/11/16 Desc Exhibit A - Proposed Order Page 3 of 7 -------------------------------------------------------------- x In re GT SAPPHIRE SYSTEMS HOLDING LLC, Reorganized Debtor. -------------------------------------------------------------- x In re GT ADVANCED CZ LLC, Reorganized Debtor. -------------------------------------------------------------- x In re GT SAPPHIRE SYSTEMS GROUP LLC, Reorganized Debtor. -------------------------------------------------------------- x In re GT ADVANCED TECHNOLOGIES LIMITED, Reorganized Debtor. -------------------------------------------------------------- x Case No. 14-11924 (HJB) Case No. 14-11925 (HJB) Case No. 14-11923 (HJB) Case No. 14-11920 (HJB) FINAL DECREE CLOSING CERTAIN CHAPTER 11 CASES PURSUANT TO BANKRUPTCY CODE SECTION 350(a), BANKRUPTCY RULE 3022, AND LOCAL BANKRUPTCY RULE 3022-1 NUNC PRO TUNC TO EFFECTIVE DATE OF DEBTORS CHAPTER 11 PLAN 2
Case 14-11916-HJB Doc # 3397-1 Filed 04/11/16 Desc Exhibit A - Proposed Order Page 4 of 7 Upon the Motion (the Motion ) 1 of the Reorganized Debtors for entry of the Final Decree Closing Certain Cases Pursuant to Bankruptcy Code Section 350(a), Bankruptcy Rule 9022, and Local Bankruptcy Rule 3022-1, and the Court having jurisdiction to consider the Motion and the relief requested therein pursuant to 28 U.S.C. 157 and 1334; and consideration of the Motion 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 Motion having been provided to the parties listed therein, and it appearing that no other or further notice need be provided; and the Court having determined that the legal and factual bases set forth in the Motion establish just cause for the relief granted herein; and it appearing that the relief requested in the Motion is in the best interests of the Reorganized Debtors, their estates and creditors, and all parties in interest; and after due deliberation and sufficient cause appearing therefor, IT IS HEREBY FOUND AND DETERMINED THAT A. Distributions required under the Plan in respect of the Fully Administered Debtors have commenced. B. The Fully Administered Debtors have achieved substantial consummation of the Plan. C. The Effective Date of the Plan occurred on March 17, 2016. D. As of the Effective Date, the chapter 11 cases of the Fully Administered Debtors were consolidated into the chapter 11 case of GTAT Corp, Case No. 14-11919. E. All statutory fees owed by the Fully Administered Debtors have been paid. 1 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Motion. 3
Case 14-11916-HJB Doc # 3397-1 Filed 04/11/16 Desc Exhibit A - Proposed Order Page 5 of 7 F. The estates of the Fully Administered Debtors have been fully administered within the meaning of section 350(a) of the Bankruptcy Code. NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT 1. The Motion is GRANTED. 2. The chapter 11 cases of the Fully Administered Debtors, identified in Exhibit 1 hereto are hereby closed in accordance with the provisions of section 350(a) of the Bankruptcy Code and Bankruptcy Rule 3022 nunc pro tunc to the Effective Date, without prejudice to the rights of the Fully Administered Debtors or any other party in interest to seek to reopen such cases for good cause shown; provided, however, that the Bankruptcy Court shall retain jurisdiction as is provided for in the Plan. For the avoidance of doubt, no fees and charges shall be due to the U.S. Trustee under section 1930 of chapter 123 of title 28 of the United States Code in respect of the Fully Administered Debtors for any period after the Effective Date. 3. The chapter 11 cases of the Remaining Debtors, identified in Exhibit 1 hereto, shall remain open and shall continue to be jointly administered under the Lead Case, i.e., Case No. 14-11916 (HJB). 4. Notwithstanding anything to the contrary in Local Bankruptcy Rule 1015-1(c), proofs of claim or any associated transfers of claim in the chapter 11 cases of the Fully Administered Debtors shall be deemed filed in the chapter 11 case of GTAT Corp. 5. This Final Decree is intended to facilitate the administration of the chapter 11 cases of the Fully Administered Debtors only and shall not have or be deemed to have any effect whatsoever upon the chapter 11 cases of the Remaining Debtors or any order of this Court entered therein. 4
Case 14-11916-HJB Doc # 3397-1 Filed 04/11/16 Desc Exhibit A - Proposed Order Page 6 of 7 6. GTAT is authorized to take all actions necessary to effectuate the relief granted pursuant to this Final Decree in accordance with the Motion. 7. GTAT is authorized to amend the Schedules and Statements of Financial Affairs filed by the Fully Administered Debtors by filing such an amendment in the Lead Case. 8. The requirement of Local Bankruptcy Rule 3022-1 and all post-confirmation reporting requirements are deferred until such time as this Court enters a final decree closing the Lead Case. 9. The requirement set forth in Local Bankruptcy Rule 7102(b)(2) that any motion filed shall have an accompanying memorandum of law is waived. 10. The Bankruptcy Court retains jurisdiction with respect to all matters arising from or related to the implementation of this Final Decree. Dated May, 2016 Manchester, NH HONORABLE HENRY J. BOROFF UNITED STATES BANKRUPTCY JUDGE 5
Case 14-11916-HJB Doc # 3397-1 Filed 04/11/16 Desc Exhibit A - Proposed Order Page 7 of 7 EXHIBIT 1 Fully Administered Debtors (chapter 11 cases closed) 1. In re GT Equipment Holdings, Inc. (Case No. 14-11917 (HJB)) 2. In re Lindbergh Acquisition Corp. (Case No. 14-11922 (HJB)) 3. In re GT Sapphire Systems Group LLC (Case No. 14-11923 (HJB)) Remaining Debtors (chapter 11 cases remaining open) 1. In re GT Advanced Technologies Inc. (Case No. 14-11916 (HJB)) 2. In re GTAT Corporation (Case No. 14-11919 (HJB)) 3. In re GT Advanced Technologies Limited (Case No. 14-11920 (HJB)) 4. In re GT Sapphire Systems Holding LLC (Case No. 14-11924 (HJB)) 5. In re GT Advanced Cz LLC (Case No. 14-11925 (HJB)) 6. In re GT Advanced Equipment Holding LLC (Case No. 14-11929 (HJB)
Case 14-11916-HJB Doc # 3397-2 Filed 04/11/16 Desc Notice of Hearing Page 1 of 2 HEARING DATE AND TIME May 4, 2016 at 1000 a.m. (Eastern Time) OBJECTION DEADLINE April 21, 2016 at 400 p.m. (Eastern Time) UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE ---------------------------------------------------------------x In re GT ADVANCED TECHNOLOGIES INC., et al., Reorganized Debtors. 1 ---------------------------------------------------------------x Case No. 14-11916 (HJB) Jointly Administered NOTICE OF HEARING ON REORGANIZED DEBTORS MOTION FOR FINAL DECREE CLOSING CERTAIN CHAPTER 11 CASES PURSUANT TO BANKRUPTCY CODE SECTION 350(a), BANKRUPTCY RULE 3022, AND LOCAL BANKRUPTCY RULE 3022-1 NUNC PRO TUNC TO EFFECTIVE DATE OF DEBTORS CHAPTER 11 PLAN PLEASE TAKE NOTICE that a hearing on the Reorganized Debtors Motion for Final Decree Closing Certain Cases Pursuant to Bankruptcy Code Section 350(a), Bankruptcy Rule 3022, and Local Bankruptcy Rule 3022-1 Nunc Pro Tunc to Effective Date of Debtors Plan (the Motion ) 2 will be held on May 4, 2016 at 1000 a.m. (Eastern Time) at the Harold D. Donohue Federal Building and Courthouse, Courtroom 4, 595 Main Street, Worcester, MA 01608. PLEASE TAKE FURTHER NOTICE that objections, if any, to the Motion must be in writing, shall conform to the Bankruptcy Rules and the Local Bankruptcy Rules, and shall be (a) filed with the Court on the docket of In re GT Advanced Technologies, Inc., Case No. 14-11916- HJB, and (b) served upon (i) the Clerk of the Bankruptcy Court, 1000 Elm Street, Suite 1001, Manchester, NH 03101-1708; (ii) Paul Hastings LLP, 75 East 55th Street, New York, NY 10022, 1 2 The Reorganized Debtors, along with the last four digits of each reorganized debtor s tax identification number, as applicable, are GT Advanced Technologies Inc. (6749), GTAT Corporation (1760), Lindbergh Acquisition Corp. (5073), GT Advanced Cz LLC (9815), and GT Advanced Technologies Limited (1721). The Reorganized Debtors corporate headquarters are located at 243 Daniel Webster Highway, Merrimack, NH 03054. Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Motion.
Case 14-11916-HJB Doc # 3397-2 Filed 04/11/16 Desc Notice of Hearing Page 2 of 2 Attn Luc A. Despins, Esq., and 600 Travis Street, 58th Floor, Houston, TX 77002, Attn James T. Grogan, Esq., and Nixon Peabody LLP, 900 Elm Street, Manchester, NH 03101, Attn Daniel W. Sklar, Esq. and Holly J. Barcroft, Esq.; and (iii) Kelley Drye & Warren LLP, 101 Park Avenue, New York, NY 10178, Attn James S. Carr, Esq., so as to be received no later than April 21, 2016 at 400 p.m. (Eastern Time) (the Objection Deadline ). PLEASE TAKE FURTHER NOTICE that if no objections are timely filed and served with respect to the Motion, GTAT may, on or after the Objection Deadline, submit to the Bankruptcy Court an order substantially in the form of the proposed order annexed to the Motion, which order may be entered with no further notice or opportunity to be heard offered to any party. Dated April 11, 2016 /s/ James T. Grogan Luc A. Despins, Esq. Andrew V. Tenzer, Esq. James T. Grogan, Esq. (BNH07394) G. Alexander Bongartz (BNH07449) PAUL HASTINGS LLP Park Avenue Tower 75 East 55th Street, First Floor New York, New York 10022 Telephone (212) 318-6000 Facsimile (212) 319-4090 -and- Daniel W. Sklar, Esq. Holly J. Barcroft, Esq. NIXON PEABODY LLP 900 Elm Street Manchester, NH 03101-2031 Telephone (603) 628-4000 Facsimile (603) 628-4040 Co-Counsel for the Reorganized Debtors 2