Case 13-11482-KJC Doc 2833 Filed 12/29/14 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: EXIDE TECHNOLOGIES,' Chapter 1 l Case No. 13-11482 (KJC) Debtor. MOTION FOR AN ORDER SHORTENING NOTICE RELATING TO MOTION PURSUANT TO SECTIONS 145 AND 107(b) OF THE BANKRUPTCY CODE AND BANKRUPTCY RULE 9018 FOR ENTRY OF AN ORDER AUTHORIZING FILING OF REDACTED VERSIONS OF THE (I) DEBTOR'S LIMITED OBJECTION TO APPLICATION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF EXIDE TECHNOLOGIES FOR ENTRY OF AN ORDER AUTHORIZING THE EMPLOYMENT AND RETENTION OF QUINN EMANUEL URQUHART & SULLIVAN, LLP AS SPECIAL ANTITRUST COUNSEL NUlYC PRO TUNC TO DECEMBER 4, 2014 AND (II) DECLARATION OF WENDY HUANG WASZMER IN SUPPORT OF DEBTOR'S LIMITED OBJECTION TO APPLICATION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF EXIDE TECHNOLOGIES FOR ENTRY OF AN ORDER AUTHORIZING THE EMPLOYMENT AND RETENTION OF QUINN EMANUEL URQUHART & SULLIVAN, LLP AS SPECIAL ANTITRUST COUNSEL NUNC PRO TUNC TO DECEMBER 4, 201 Exide Technologies (the "Debtor") hereby files this Motion for an Order Shortening Notice Relating to Motion Pursuant to Sections 105 and 107(b) of the Bankruptcy Code and Bankruptcy Rule 9018 for Entry of an ONder Authorizing Filzng of Redacted Versions of the (I) Debtor's Limited Objection to Application of the Official Committee of Unsecured Creditors of Exide Technologies for Entry of an ONder Authorizing the Employment and Retention of Quinn EnZanuel Urquhart &Sullivan, LLP as Special Antitrust Counsel, Nunc Pro Tunc to December 4, 2014 and (II) Declaration of Wendy Huang Waszmer in SuppoNt of DebtoN's Limzted Objection to Application of the Official Committee of Unsecured CreditoNs of Exide Technologies for Entry of an Order Authorizing the Employment and Retention of Quinn ~ The last four digits of the Debtor's taxpayer identification number are 2730. The Debtor's corporate headquarters are located at 13000 Deerfield Parkway, Building 200, Milton, Georgia 30004. DOGS NY:32014.1 25016/001
Case 13-11482-KJC Doc 2833 Filed 12/29/14 Page 2 of 5 Emanuel UrquhaNt &Sullivan, LLP as Special Antitrust Counsel, Nunc PNo Tunc to DecembeN 4, 2014 (the "Motion to Shorten") and respectfully represents as follows: JURISDICTION. This Court has jurisdiction to consider this Motion to Shorten pursuant to 28 U.S.C. 157 and 1334. This is a core proceeding pursuant to 28 U.S.C. 157(b)(2). Venue is proper pursuant to 28 U.S.C. 1408 and 1409. 2. The statutory predicates for the relief requested herein are sections 102(1) and 105 of title 11 of the United States Code (the "B~nkruptcv Code"), as supplemented by Rule 9006 of the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Rules") and Rule 9006-1(e) of the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware (the "Local Rules"). BACKGROUND 3. Contemporaneously herewith, the Debtor is filing: (i) DebtoN's Limited Objection to Application of the Official Committee of Unsecured Creditors of Exide Technologies for Entry of an Order Authorizing the Employfnent and Retention of Quinn Emanuel UNquhart & Sullivan, LLP as Special Antitrust Counsel, Nunc Pro Tunc to December 4, 2014 (the "Limited Obiectian") and the Declaration of Wendy Huang WaszmeN in Support of DebtoN's Limited Objection to Application of the Official Committee of UnsecuNed Creditors of Exide Technologies for Entry of an Order Authorizing the Employment and Retention of Quinn Emanuel Urquhart & Sullivan, LLP as Special Antitrust Counsel, Nunc PNo Tunc to December 4, 2014 (the "Waszmer Declaration"); and (ii) Motion Pursuant to Sections 1OS and 107(b) of the Bankruptcy Code and Bankruptcy Rule 9018 fon Entry of an ONder Authorizing Filing of Redacted Versions of the (I) Debtor's Limited Objection to Application of the Official Committee of Unsecured Creditors of Exide Technologies fog Entry of an Order Az~thorizing the Employment and Retention of Quinn EYnanuel Urquhart &Sullivan, LLP as Special Antitrust Counsel, Nunc Pro Tunc to December 4, 2014 and (II) Declaration of Wendy Huang Waszmer in Support of Debtor's Limited Objection to Application of the Official Committee of Unsecured CNeditors of Exi~'e Technologies for Entry of an ONder Authorizing the Employment and Retention of Quinn DOCS NY:32014.1 25016/001 2
Case 13-11482-KJC Doc 2833 Filed 12/29/14 Page 3 of 5 Emanuel Urquhart &Sullivan, LLP as Speczal AntitNust Counsel, Nunc Pro Tunc to December 4, 2014 (the "Motion to Seal"). 4. The Motion to Seal requests that the Debtor be permitted to file redacted versions of the Limited Objection and Waszmer Declaration and unredacted copies of the Limited Objection and Waszmer Declaration under seal. The factual background supporting this Motion to Shorten is more fully set forth in the Limited Objection, Waszmer Declaration and Motion to Seal, which are fully incorporated herein by reference.2 RELIEF REQUESTED 5. By this Motion to Shorten, the Debtor respectfully requests that the Court enter an order, substantially in the form of Exhibit A attached hereto, (a) shortening notice with respect to the Motion to Seal; (b) scheduling a hearing on the Motion to Seal to take place at the hearing scheduled for January 12, 2015 at 1:00 p.m. (the "Hearing"); (c) requiring that any written objections to the Motion to Seal be filed on or before January 8, 2015, at 4:00 p.m. (the "Objection Deadline"); and (d) granting such other relief as may be just and proper. BASIS FOR RELIEF REQUESTED 6. Section 102(1) of the Bankruptcy Code explains that the phrase "after notice and a hearing" requires only such notice and opportunity for a hearing as may be appropriate under the circumstances. 11 U.S.C. 102(1). 7. Section 105(a) of the Bankruptcy Code provides that the Court "may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions" of the Bankruptcy Code. 11 U.S.C. 105(a). 8. Under Bankruptcy Rule 9006, the Court may order time periods set by the Bankruptcy Rules to be reduced "for cause shown." Fed. R. Bankr. P. 9006. 2 Capitalized but undefined terms used in this Motion to Shorten shall have the meaning ascribed to them in the Motion to Seal. DOGS NY:32014.1 25016/001
Case 13-11482-KJC Doc 2833 Filed 12/29/14 Page 4 of 5 9. Local Rule 9006-1(e) likewise provides for shortened notice "by order of the Court, on written motion specifying the exigencies justifying shortened notice." Del. Bankr. L.R. 9006-1(e). 10. The Debtor respectfully submits that cause exists to shorten notice of the Motion to Seal. The Debtor is filing the Motion to Seal simultaneously with its Limited Objection and the supporting Waszmer Declaration o~ the objection deadline with respect to the QE Retention Application. The Limited Objection and Waszmer Declaration the Debtor seeks to seal are relevant to the relief requested in the Creditors' Committee's QE Retention Application, which is scheduled to be heard at the Hearing. Based on the foregoing, the Debtor believes that cause exists to shorten notice of the Motion to Seal so that it is heard at the Hearing. 11. Moreover, the Debtor does not believe that any parties will be prejudiced by the relief requested herein. The Creditors' Committee has consented to the relief requested in the Motion to Seal. In addition, the Debtor will provide unredacted copies of the Limited Objection and Waszmer Declaration to counsel for the Creditors' Committee, counsel for the Official Committee of Secured Noteholders, and the U.S. Trustee, provided that all such parties agree not to disclose the copy or its contents, unless ordered otherwise by this Court. Furthermore, parties will be able to review the redacted versions of the Limited Objection and Waszmer Declaration, which will be publicly filed on the Court's docket. NOTICE 12. Notice of this Motion to Shorten will be given to: (a) counsel to the. Creditors' Committee; (b) the U.S. Trustee; and (c) those parties requesting service in these cases pursuant to Bankruptcy Rule 2002. The Debtor submits that, under the circumstances, no other or further notice is required. ROCS NY:32014.1 25016/001 4
Case 13-11482-KJC Doc 2833 Filed 12/29/14 Page 5 of 5 WHEREFORE, for the reasons set forth herein, the Debtor respectfully requests that the Court enter an order, substantially in the form of Exhibit A attached hereto, (i) shortening notice with respect to the Motion to Seal; (ii) scheduling a hearing on the Motion to Seal to take place at the Hearing; (iii) requiring that written objections to the Motion to Seal, if any, be filed on or before the Objection Deadline; and (iv) granting such other relief as may be just and proper. Dated: December 29, 2014 PACHULSKI STANG ZIEHL &JONES LLF /s/ Laura Davis Jones Laura Davis Jones (Bar No. 2436) James E. O'Neill (Bar No. 4042) 919 North Market Street, 17th Floor P.O. Box 8705 Wilmington, DE 19899-8705 (Courier 19801) Telephone: (302) 652-4100 Facsimile: (302) 652-4400 email: lj ones@pszj law. com joneill@pszjlaw.com Special Conflicts Counsel for the DebtoN and Debtor in Possession KING & SPALDING LLP Wendy Huang Waszmer A Partner in the Firm 1185 Avenue of the Americas New York, New York 10036 Telephone: (212) 556-2100 Facsimile: (212) 556-2222 e-mail: wwazmer@kslaw.com Special AntitNust Counsel,for the Debtor and Debtor in Possession DOGS NY:32014.1 25016/001
Case 13-11482-KJC Doc 2833-1 Filed 12/29/14 Page 1 of 3 EXHIBIT A DOCS NY;32014.1 25016/001
Case 13-11482-KJC Doc 2833-1 Filed 12/29/14 Page 2 of 3 In re: EXIDE TECHNOLOGIES,' Debtor. IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT. OF DELAWARE Chapter 11 Case No. 13-11482 (KJC) Related Docket No. ORDER SHORTENING NOTICE.RELATING TO MOTION PURSUANT TO SECTIONS 105 AND 107(b) OF THE BANKRUPTCY CODE AND BANKRUPTCY RULE 9018 FOR ENTRY OF AN ORDER AUTHORIZING FILING OF REDACTED VERSIONS OF THE (I) DEBTOR'S LIMITED OBJECTION TO APPLICATION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF EXIDE TECHNOLOGIES FOR ENTRY OF AN ORDER AUTHORIZING THE EMPLOYMENT AND RETENTION OF QUINN EMANUEL URQUHART & SULLIVAN, LLP AS SPECIAL ANTITRUST COUNSEL NUNC PRO TUNC TO DECEMBER 4, 2014 AND (II) DECLARATION OF WENDY HUANG WASZMER IN SUPPORT OF DEBTOR'S LIMITED OBJECTION TO APPLICATION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF EXIDE TECHNOLOGIES FOR ENTRY OF AN ORDER AUTHORIZING THE EMPLOYMENT AND RETENTION OF QUINN EMANUEL URQUHART & SULLIVAN, LLP AS SPECIAL ANTITRUST COUNSEL NUNC PRO TUNC TO DECEMBER 4, 2014 Upon the Motion for an Order Shortening Notice Relating to Motion Pursuant to Sections 105 and 107(6) of the Bankruptcy Code and Bankruptcy Rule 9018 for Entry of an ONder Authorizing Filing of Redacted Versions of the (1) Debtor's Limited Objection to Application of the Official Committee of Unsecured Creditors of Exide Technologies fon Entry of an Order Authorizing the Employment and Retention of Quinn Emanuel Urquhart &Sullivan, LLP as Special AntitNust Counsel, Nunc Pro Tune to December 4, 2014 and (II) Declaration of Wendy Huang Waszme~ in Support of Debtor's Limited Objection to Application of the Official Committee of Unsecured Creditors of Exide Technologies, fog Envy of an Order Authorizing the EmploynZent and Retention of Quinn Emanuel UNquhart &Sullivan, LLP as Special Antitrust ' The last four digits of the Debtor's taxpayer identification number are 2730. The Debtor's corporate headquarters are located at 13000 Deerfield Parkway, Building 200, Milton, Georgia 30004, DOCS NY:32014.1 25016/001
Case 13-11482-KJC Doc 2833-1 Filed 12/29/14 Page 3 of 3 Counsel, Nunc Pro Tunc to December 4, 2014 (the ~~Motion to Shorten"); and due and sufficient notice of the Motion to Shorten having been given; and it appearing that no other or further notice need be provided; and it appearing that the relief requested by the Motion to Shorten is in the best interests of the Debtor, its estate, its creditors, and other parties in interest; and it appearing that the relief requested is essential to the continued operation of the Debtor's business and the preservation of the value of its assets; and after due deliberation and sufficient cause appearing therefor, IT IS HEREBY ORDERED THAT 1. The Motion to Shorten is granted. 2. The hearing on the Motion to Seal will be held on, 2015 at (ET). 3. Written objections to the Motion to Seal, if any, shall be filed on or before 2015 at (ET). 4. This Court shall retain exclusive jurisdiction to hear and resolve any disputes arising from or related to the Motion to Shorten and/or the implementation of this Order. Dated: Wilmington, Delaware THE HONORABLE KEVIN J. CAREY UNITED STATES BANKRUPTCY JUDGE DOCS NY:32014.1 25016/OOl 2