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    Pro Tunc To The Petition Date (Docket No. 105) (The "OCP Motion") With The United States Bankruptcy

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    Chapter 11 Dockets
    The debtors, Perkins & Marie Callender's Inc., filed a notice of filing OCP affidavits with the US Bankruptcy Court for Delaware. The notice provides that any objections to the retention of the ordinary course professional listed, Bascom, Budish & Ceman, S.C., must be filed with the court by November 17, 2011. If no objections are received, the debtors will be authorized to retain and pay the ordinary course professional as provided for in the court's previous OCP order approving such retentions. An affidavit from Bascom, Budish & Ceman, S.C. is attached as an exhibit.

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    Pro Tunc To The Petition Date (Docket No. 105) (The "OCP Motion") With The United States Bankruptcy

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    Chapter 11 Dockets
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    The debtors, Perkins & Marie Callender's Inc., filed a notice of filing OCP affidavits with the US Bankruptcy Court for Delaware. The notice provides that any objections to the retention of the ordinary course professional listed, Bascom, Budish & Ceman, S.C., must be filed with the court by November 17, 2011. If no objections are received, the debtors will be authorized to retain and pay the ordinary course professional as provided for in the court's previous OCP order approving such retentions. An affidavit from Bascom, Budish & Ceman, S.C. is attached as an exhibit.

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    The debtors, Perkins & Marie Callender's Inc., filed a notice of filing OCP affidavits with the US Bankruptcy Court for Delaware. The notice provides that any objections to the retention of the ordinary course professional listed, Bascom, Budish & Ceman, S.C., must be filed with the court by November 17, 2011. If no objections are received, the debtors will be authorized to retain and pay the ordinary course professional as provided for in the court's previous OCP order approving such retentions. An affidavit from Bascom, Budish & Ceman, S.C. is attached as an exhibit.

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    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
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    30 views8 pages

    Pro Tunc To The Petition Date (Docket No. 105) (The "OCP Motion") With The United States Bankruptcy

    Uploaded by

    Chapter 11 Dockets
    The debtors, Perkins & Marie Callender's Inc., filed a notice of filing OCP affidavits with the US Bankruptcy Court for Delaware. The notice provides that any objections to the retention of the ordinary course professional listed, Bascom, Budish & Ceman, S.C., must be filed with the court by November 17, 2011. If no objections are received, the debtors will be authorized to retain and pay the ordinary course professional as provided for in the court's previous OCP order approving such retentions. An affidavit from Bascom, Budish & Ceman, S.C. is attached as an exhibit.

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    of 8

    IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: PERKINS & MARIE CALLENDERS INC.

    ,1 et al., Chapter 11 Case No. 11-11795 (KG) Jointly Administered Debtors.


    Ref. Docket Nos. 108 and 208 Objection Deadline: November 17, 2011 at 4:00 p.m. (prevailing ET)

    NINTH (9TH) NOTICE OF FILING OF OCP AFFIDAVITS PLEASE TAKE NOTICE that on June 24, 2011, the above-captioned debtors and debtors in possession (collectively, the Debtors) filed their Motion for an Order Pursuant to Sections 105(a), 327, 328 and 330 of the Bankruptcy Code and Bankruptcy Rule 2014 Authorizing the Debtors to Employ and Compensate Professionals Utilized by the Debtors in the Ordinary Course of Business Nunc Pro Tunc to the Petition Date [Docket No. 105] (the OCP Motion) with the United States Bankruptcy Court for the District of Delaware (the Court). PLEASE TAKE FURTHER NOTICE that on July 12, 2011, the Court entered an order approving the relief requested in the OCP Motion [Docket No. 208] (the OCP Order).2 Among other things, the OCP Order provides that, prior to the receipt of payment for post-petition services rendered to the Debtors and expenses incurred, each Ordinary Course Professional shall file with the Court an affidavit, substantially in the form attached as Exhibit B to the OCP Motion (each, an OCP Affidavit), stating that such Ordinary Course Professional does not represent or hold an interest materially adverse to the Debtors or the estates regarding the matters upon which such professional is to be retained. PLEASE TAKE FURTHER NOTICE that in accordance with the OCP Order, the Debtors hereby file an OCP Affidavit for the Ordinary Course Professional listed on Exhibit 1 hereto. As noted in Exhibit 1, a copy of the OCP Affidavit for such Ordinary Course Professional is annexed hereto as Exhibit 2. PLEASE TAKE FURTHER NOTICE that any objections (each, an OCP Objection) to the retention of the Ordinary Course Professional listed on Exhibit 1 hereto by any party in interest in these Chapter 11 Cases must be filed with the Court, and at the same time served upon the affected Ordinary Course Professional and the following parties, on or before 4:00 p.m. (prevailing Eastern Time) on November 17, 2011 (the OCP Objection Deadline): (i) the Debtors, Perkins & Marie Callenders Inc., 6075 Poplar Avenue, Suite #800, Memphis, TN 38119 (Facsimile: (901) 537-7122 (Attn: Joseph F. Trungale); (ii) counsel to the Debtors, Troutman Sanders LLP, The Chrysler Building,
    The Debtors, together with the last four digits of each Debtors federal tax identification number, are: Perkins & Marie Callenders Inc. (4388); Perkins & Marie Callenders Holding Inc. (3999); Perkins & Marie Callenders Realty LLC (N/A); Perkins Finance Corp. (0081); Wilshire Restaurant Group LLC (0938); PMCI Promotions LLC (7308); Marie Callender Pie Shops, Inc. (7414); Marie Callender Wholesalers, Inc. (1978); MACAL Investors, Inc. (4225); MCID, Inc. (2015); Wilshire Beverage, Inc. (5887); and FIV Corp. (3448). The mailing address for the Debtors is 6075 Poplar Avenue, Suite 800, Memphis, TN 38119.
    2
    1

    All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the OCP Motion.

    01: 11572333.1

    070242.1001

    405 Lexington Avenue, New York, NY 10174 (Facsimile: (212) 704-6288) (Attn: Mitchel H. Perkiel and Brett D. Goodman), and Young Conaway Stargatt & Taylor, LLP, The Brandywine Building, 1000 West Street, 17th Floor, Wilmington, DE 19801 (Facsimile: (302) 571-1253) (Attn: Morgan L. Seward); (iii) counsel to the agent for the Debtors pre-petition Credit Facility and post-petition DIP Credit Facility, Paul, Hastings, Janofsky & Walker, 600 Peachtree Street, N.E., Twenty-Fourth Floor, Atlanta, GA 30308 (Facsimile: (404) 685-5208) (Attn: Jesse H. Austin, III); (iv) counsel to the indenture trustee for the Senior Secured Notes, Emmet, Marvin & Martin, LLP, 120 Broadway, 32nd Floor, New York, NY 10271 (Facsimile: (212) 238-3100) (Attn: Edward P. Zujkowski); (v) counsel to the indenture trustee for the Senior Notes, Foley & Lardner LLP, 90 Park Avenue, New York, NY 10016-1314 (Facsimile: (212) 6872329) (Attn: Douglas Spelfogel); (vi) counsel to the Restructuring Support Parties, Akin Gump Strauss Hauer & Feld LLP, One Bryant Park, New York, NY 10036 (Facsimile: (212) 872-1002) (Attn: Ira Dizengoff) and 1333 New Hampshire Avenue, N.W., Washington, DC 20036 (Facsimile: (202) 8874288) (Attn: Scott L. Alberino); (vii) counsel to the Committee, Ropes and Gray LLP, 1211 Avenue of the Americas, New York, NY 10036-8704 (Facsimile: (646) 728-1663) (Attn: Mark R. Somerstein); and (viii) the Office of the United States Trustee for the District of Delaware, 844 North King Street, Room 2207, Wilmington, DE 19801 (Attn: Richard Schepacarter). PLEASE TAKE FURTHER NOTICE THAT IF NO OCP OBJECTION IS RECEIVED ON OR BEFORE THE OCP OBJECTION DEADLINE WITH RESPECT TO THE ORDINARY COURSE PROFESSIONAL IDENTIFIED ON EXHIBIT 1 HERETO, THE DEBTORS SHALL BE AUTHORIZED TO RETAIN AND PAY SUCH ORDINARY COURSE PROFESSIONAL IN THE MANNER PROVIDED FOR IN THE OCP ORDER. Dated: November 2, 2011 Wilmington, DE YOUNG CONAWAY STARGATT & TAYLOR, LLP By: /s/ Morgan L. Seward Robert S. Brady (No. 2847) Robert F. Poppiti, Jr. (No. 5052) Morgan L. Seward (No. 5388) The Brandywine Building 1000 West Street, 17th Floor Wilmington, DE 19801 Telephone: (302) 571-6600 Facsimile: (302) 571-1253

    - AND TROUTMAN SANDERS LLP Mitchel H. Perkiel Brett D. Goodman The Chrysler Building 405 Lexington Avenue New York, NY 10174 Telephone: (212) 704-6000 Facsimile: (212) 704-6288 COUNSEL FOR PERKINS & MARIE CALLENDERS INC., ET AL., Debtors and Debtors-in-Possession 2
    01: 11572333.1 070242.1001

    EXHIBIT 1 Ordinary Course Professional Bascom, Budish & Ceman, S.C. OCP Affidavit Exhibit 2

    01: 11572333.1

    070242.1001

    EXHIBIT 2

    01: 11572333.1

    070242.1001

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