Case 13-11482-KJC Doc 1054 Filed 11/08/13 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x In re EXIDE TECHNOLOGIES, Debtor. 1 Chapter 11 Case No. 13-11482 (KJC) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x FOURTH OMNIBUS NOTICE OF REJECTION OF EXECUTORY CONTRACTS PLEASE TAKE NOTICE that on July 11, 2013, the United States Bankruptcy Court for the District of Delaware (the Bankruptcy Court ) entered the order (Docket No. 333) (the Order ) on the motion, dated June 20, 2013 (the Motion ), 2 of Exide Technologies ( Exide or the Debtor ) for entry of an order, pursuant to sections 105 and 365 of title 11 of the United States Code, 11 U.S.C. 101-1532 and Rules 6006 and 9014 of the Federal Rules of Bankruptcy Procedure authorizing and approving expedited procedures (the Rejection Procedures ) for the Debtor to reject executory contracts with applicable counterparties (the Counterparties ) as set forth on Exhibit A attached hereto. PLEASE TAKE FURTHER NOTICE that pursuant to the terms of the Order, the Debtor hereby provides notice of its intent to reject the above-referenced Executory Contracts. PLEASE TAKE FURTHER NOTICE that should you object to the Debtor s rejection of the Executory Contract, you must file and serve a written objection so that such 1 2 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. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Motion.
Case 13-11482-KJC Doc 1054 Filed 11/08/13 Page 2 of 5 objection is filed with the Court and actually received no later than fourteen (14) calendar days after the date that the Debtor served this Notice of Rejection of Executory Contract (the Rejection Notice ) by the following parties (collectively, the Objection Service Parties ) (i) counsel to the Debtor, Skadden, Arps, Slate, Meagher & Flom LLP, Four Times Square, New York, New York 10036, Attn Kenneth S. Ziman, Esq. and J. Eric Ivester, Esq. and One Rodney Square, P.O. Box 636, Wilmington, Delaware 19899-0636, Attn Anthony W. Clark, Esq. and 155 N. Wacker Drive, Chicago, Illinois 60606-1720, Attn James J. Mazza, Jr. and Louis S. Chiappetta; (ii) co-counsel for the Debtor, Pachulski Stang Ziehl & Jones LLP, 919 North Market Street, 17th Floor, Wilmington, DE 19899-8705, Attn. Laura Davis Jones; (iii) counsel to the Creditors Committee, Lowenstein Sandler LLP, 1251 Avenue of the Americas, New York, New York 10020, Attn Kenneth A. Rosen, Esq. and Gerald C. Bender, Esq., and 65 Livingston Avenue, Roseland, New Jersey 07068, Attn Sharon L. Levine, Esq.; (iv) counsel to the agent under the debtor in possession financing, Davis, Polk & Wardwell LLP, 450 Lexington Avenue, New York, New York 10017, Attn Damian S. Schaible, Esq. and Richards, Layton & Finger, P.A., One Rodney Square, 920 North King Street, Wilmington, Delaware 19801, Attn Mark D. Collins, Esq.; (v) counsel to the unofficial committee of senior secured noteholders, Paul, Weiss, Rifkind, Wharton & Garrison LLP, 1285 Avenue of the Americas, New York, New York 10019, Attn Alice Belisle Eaton, Esq. and Young Conaway Stargatt & Taylor, LLP, Rodney Square, 1000 King Street, Wilmington, Delaware 19801, Attn Pauline K. Morgan, Esq.; (vi) any counterparty to the affected Executory Contract; and (vii) any other parties in interest who are required to be given notice pursuant to Federal Rule of Bankruptcy Procedure 2002. PLEASE TAKE FURTHER NOTICE that absent an objection being filed in compliance with the Rejection Procedures, the rejection of such Executory Contract shall 2
Case 13-11482-KJC Doc 1054 Filed 11/08/13 Page 3 of 5 become effective fourteen (14) calendar days from the date the Rejection Notice was served on the Rejection Notice Parties (the Rejection Date ) without further notice, hearing or order of this Court unless the Debtor withdraws such Notice of Rejection on or prior to the Rejection Date. PLEASE TAKE FURTHER NOTICE that if a timely objection is filed that cannot be resolved, the Debtor shall file a notice of hearing to consider the unresolved objection (the Rejection Motion Hearing ). If such objection is overruled or withdrawn, such Executory Contract shall be rejected with the effective date of rejection to be that which is set forth in the Rejection Notice or such other dates as the Debtor and the contract counterparty(s) have agreed. 3
Case 13-11482-KJC Doc 1054 Filed 11/08/13 Page 4 of 5 PLEASE TAKE FURTHER NOTICE that the counterparty to an Executory Contract that is rejected pursuant to the Rejection Procedures is required to file a proof of claim relating to the rejection of such Executory Contract, if any, by the later of (i) 45 days after the Rejection Date, and (ii) any applicable claims bar date established in the Chapter 11 Case. Dated Wilmington, Delaware November 8, 2013 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP /s/ Kristhy M. Peguero Anthony W. Clark (I.D. No. 2051) Kristhy M. Peguero (I.D. No. 4903) One Rodney Square P.O. Box 636 Wilmington, Delaware 19899-0636 Telephone (302) 651-3000 Fax (302) 651-3001 - and - Kenneth S. Ziman J. Eric Ivester Four Times Square New York, New York 10036-6522 Telephone (212) 735-3000 Fax (212) 735-2000 - and - James J. Mazza, Jr. 155 N. Wacker Dr. Chicago, Illinois 60606-1720 Telephone (312) 407-0700 Fax (312) 407-0411 Counsel for Debtor and Debtor in Possession 4
Case 13-11482-KJC Doc 1054 Filed 11/08/13 Page 5 of 5 Exhibit A Rejection Schedule Counterparty Counterparty Address Contract Description De Lage Landen Financial Services. Inc. De Lage Landen Financial Services. Inc. 1111 Old Eagle School Road Wayne, PA 19887 De Lage Landen Financial Services, Inc. CSA 7201 Scott Hamilton Drive Little Rock, AR 72209 Contract No. 25120694, dated August 9, 2011 Lux Research Inc. De Lage Landen Financial Srvs. PO Box 41602 Philadelphia, PA 19101-1601 Lux Research Inc. One Liberty Square Suite 210 Boston, MA 02109 Lux Research - New York 234 Congress Street 5th Floor Boston, MA 02110 P.O. Box 73210 Chicago, IL 60673-7210 Attn Legal Department 5 Dedrick Place West Caldwell, NJ 07006 Lux Research Master Client Agreement dated August 1, 2009 Pureworks, Inc. Master Service Agreement, dated January 11, 2013 Statement of Services No. 110124228, dated January 11, 2013 Any and all existing executory contracts Order Agreement for Order Branch #758, dated March 18, 2011