Case 18-10834-KG Doc 269 Filed 05/14/18 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: VER TECHNOLOGIES HOLDCO LLC, et al., 1 Debtors. Chapter 11 Case No. 18-10834 (KG) (Jointly Administered) Re: Docket No. 139 CERTIFICATE OF NO OBJECTION REGARDING APPLICATION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF VER TECHNOLOGIES HOLDCO LLC, ET AL., FOR ENTRY OF AN ORDER AUTHORIZING THE EMPLOYMENT AND RETENTION OF WHITEFORD, TAYLOR & PRESTON LLC AS CO-COUNSEL NUNC PRO TUNC TO APRIL 12, 2018 The undersigned proposed counsel to the Official Committee of Unsecured Creditors (the Committee ) in the above-captioned chapter 11 cases (the Chapter 11 Cases ) hereby certifies that, as of the date hereof, has received no answer, objection or other responsive pleading to the Application of Official Committee of Unsecured Creditors of VER Technologies HoldCo LLC, et al., for Entry of an Order Authorizing the Employment and Retention of Whiteford, Taylor & Preston LLC, as Co-Counsel Nunc Pro Tunc to April 12, 2018 [Docket No. 139] (the Application ) filed by the Committee in the above-captioned matter with United States Bankruptcy Court for the District of Delaware (the Court ) on April 27, 2018. The undersigned further certifies that he has reviewed the Court s docket in this proceeding and no answer or other responsive pleading to the Application appears thereon. Pursuant to the notice to the Application, 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, include: VER Technologies HoldCo LLC (7239); VER Technologies MidCo LLC (7482); VER Technologies LLC (7501); Full Throttle Films, LLC (0487); FAAST Leasing California, LLC (7857); Revolution Display, LLC (6711); VER Finco, LLC (5625); CPV Europe Investments LLC (2533); and Maxwell Bay Holdings LLC (3433). The location of the Debtors service address is: 757 West California Avenue, Building 4, Glendale, California 91203.
Case 18-10834-KG Doc 269 Filed 05/14/18 Page 2 of 2 responses to the Application were to be filed and served no later than May 11, 2018 at 4:00 p.m. (ET). Wherefore, the Committee respectfully requests that the proposed form of order filed with the Application, and attached hereto as Exhibit A, be entered at the earliest convenience of the Court. Dated: May 14, 2018 Wilmington, Delaware Respectfully submitted, /s/ Aaron H. Stulman Christopher M. Samis (No. 4909) L. Katherine Good (No. 5101) Aaron H. Stulman (No. 5807) WHITEFORD, TAYLOR & PRESTON LLC The Renaissance Centre 405 North King Street, Suite 500 Wilmington, Delaware 19801 Telephone: (302) 353-4144 Facsimile: (302) 661-7950 Email: csamis@wtplaw.com kgood@wtplaw.com astulman@wtplaw.com -and- Alan G. Tippie (CA No. 89587) Mark S. Horoupian (CA Bar No. 175373) Victor A. Sahn (CA No. 97299) David S. Kupetz (CA No. 125062) Daniel A. Lev (CA No. 129622) SULMEYERKUPETZ, A.P.C. 333 South Hope Street, 35 th Floor Los Angeles, CA 90071-1406 Telephone: (213) 626-2311 Facsimile: (213) 629-4520 Email: atippie@sulmeyerlaw.com mhoroupian@sulmeyerlaw.com vsahn@sulmeyerlaw.com dkupetz@sulmeyerlaw.com dlev@sulmeyerlaw.com Proposed Counsel for the Official Committee of Unsecured Creditors 2
Case 18-10834-KG Doc 269-1 Filed 05/14/18 Page 1 of 5 EXHIBIT A
Case 18-10834-KG Doc 269-1 Filed 05/14/18 Page 2 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: VER TECHNOLOGIES HOLDCO LLC, et al., 1 Debtors. Chapter 11 Case No. 18-10834 (KG) (Jointly Administered) Re: Docket Nos. 139 & ORDER GRANTING APPLICATION OF OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF VER TECHNOLOGIES HOLDCO LLC, ET AL., FOR ENTRY OF AN ORDER AUTHORIZING THE EMPLOYMENT AND RETENTION OF WHITEFORD, TAYLOR & PRESTON LLC AS CO-COUNSEL NUNC PRO TUNC TO APRIL 12, 2018 Upon the application (the Application ) of the Official Committee of Unsecured Creditors (the Committee ) in the above-captioned chapter 11 cases for entry of an order authorizing the Committee to employ and retain Whiteford, Taylor & Preston LLC ( WTP ) 2 as its co-counsel nunc pro tunc to April 12, 2018, the date the Committee determined to employ WTP in these chapter 11 cases, pursuant to section 1103 of title 11 of the United States Code; and upon the Declaration of Christopher M. Samis of Whiteford, Taylor & Preston LLC in Support of Application of Official Committee of Unsecured Creditors of VER Technologies HoldCo LLC, et al., for Entry of an Order Authorizing the Employment and Retention of 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, include: VER Technologies HoldCo LLC (7239); VER Technologies MidCo LLC (7482); VER Technologies LLC (7501); Full Throttle Films, LLC (0487); FAAST Leasing California, LLC (7857); Revolution Display, LLC (6711); VER Finco, LLC (5625); CPV Europe Investments LLC (2533); and Maxwell Bay Holdings LLC (3433). The location of the Debtors service address is: 757 West California Avenue, Building 4, Glendale, California 91203. 2 Whiteford, Taylor & Preston LLC operates as Whiteford, Taylor & Preston L.L.P. in jurisdictions outside of Delaware. For the avoidance of any doubt, the Committee seeks to employ both Whiteford, Taylor & Preston LLC and Whiteford, Taylor & Preston L.L.P.
Case 18-10834-KG Doc 269-1 Filed 05/14/18 Page 3 of 5 Whiteford, Taylor & Preston LLC as Co-Counsel Nunc Pro Tunc to April 12, 2018 (the Samis Declaration ) attached to the Application as Exhibit B; and upon the Declaration of Susan Tesh, Chairperson of the Committee, in Support of Application of Official Committee of Unsecured Creditors of VER Technologies HoldCo LLC, et al., for Entry of an Order Authorizing the Employment and Retention of Whiteford, Taylor & Preston LLC as Co-Counsel Nunc Pro Tunc to April 12, 2018 (the Tesh Declaration ) attached to the Application as Exhibit C; and the Court having jurisdiction pursuant to sections 157 and 1334 of title 28 of the United States Code to consider the Application and the relief requested therein; and venue being proper in this Court pursuant to sections 1408 and 1409 of title 28 of the United States Code; and the Court being satisfied that notice of the Application and the opportunity for a hearing on the Application was appropriate under the particular circumstances and no further or other notice need be given; and the Court being satisfied, based on the representations made in the Application and the Samis Declaration, that WTP does not represent or hold any interest adverse to the Committee as to the matters upon which WTP has been and is to be employed, and that WTP is a disinterested person as such term is defined in section 101(14) of the Bankruptcy Code; and the Court having determined that the relief sought in the Application is in the best interest of the Committee, the Debtors, their creditors, and all parties in interest; and this Court having determined that the legal and factual bases set forth in the Application, the Samis Declaration and the Tesh Declaration establish just cause for the relief granted herein; and after due deliberation and sufficient cause appearing therefor, it is hereby ORDERED that: 1. The Application is GRANTED to the extent set forth herein. 2. In accordance with section 1103(a) of the Bankruptcy Code, Bankruptcy Rule 2014, and Local Rule 2014-1, the Committee is authorized to employ and to retain WTP as its
Case 18-10834-KG Doc 269-1 Filed 05/14/18 Page 4 of 5 co-counsel, nunc pro tunc to April 12, 2018, on the terms and conditions set forth in the Application; provided, however, that nothing in the Application shall supersede any provisions of the Bankruptcy Code during the pendency of the Debtors chapter 11 cases; provided further, however, that to the extent the Application is inconsistent with this Order, the terms of this Order shall govern. 3. WTP shall not charge a markup with respect to fees billed by contract employees or independent contractors who are hired by WTP to provide services to the Committee and shall ensure that any such contract employees or independent contractors are subject to conflict checks and disclosures in accordance with the requirements of the Bankruptcy Code and Bankruptcy Rules. For the avoidance of doubt, WTP shall not share fees with existing or future contract attorneys who advise on the Debtors chapter 11 cases or enter into fee sharing arrangements with such contract employees and independent contractors. 4. Notwithstanding anything to the contrary in the Application, WTP shall not seek reimbursement of expenses for office supplies. 5. To the extent that WTP, in any fee application, seeks reimbursement of charges incurred by WTP in connection with providing overtime secretarial assistance, all parties rights to object to the allowance of such charges are reserved. 6. WTP shall apply for compensation for professional services rendered and reimbursement of expenses incurred in connection with the Debtors chapter 11 cases in compliance with sections 330 and 331 of the Bankruptcy Code and applicable provisions of the Bankruptcy Rules, the Local Rules, any case-specific fee protocols approved by the Court after notice and a hearing pursuant to any other applicable procedures and orders of the Court. WTP also intends to make a reasonable effort to comply with the U.S. Trustee s requests for
Case 18-10834-KG Doc 269-1 Filed 05/14/18 Page 5 of 5 information and additional disclosures as set forth in the Guidelines for Reviewing Applications for Compensation and Reimbursement of Expenses Filed under 11 U.S.C. 330 by Attorneys in Larger Chapter 11 Cases Effective as of November 1, 2013, both in connection with the Application and the interim and final fee applications to be filed by WTP in these chapter 11 cases. 7. The Committee and WTP are authorized to take all actions they deem necessary and appropriate to effectuate the relief granted pursuant to this Order in accordance with the Application. 8. The terms and conditions of this Order shall be immediately effective and enforceable upon its entry. 9. This Court shall retain jurisdiction with respect to all matters arising from or relating to the interpretation or implementation of this Order. Dated:, 2018 Wilmington, Delaware THE HONORABLE KEVIN GROSS UNITED STATES BANKRUPTCY JUDGE