FOR THE DISTRICT OF BELA WARE Chapter 11 ALLIED SYSTEMS HOL])INGS, INC., et a/., 1 Case No. 12-11564 (CSS) (Jointly Administered) Debtors. Objection Deadline: September 7, 2012 at 4:00p.m. (EDT) NOTICE OF FILING OF AFFIDAVIT AND DISCLOSURE STATEMENT OF CHARLES S. REAGH ON BEHALF OF STEW ART MCKELVEY PLEASE TAKE NOTICE that, on June 25, 2012, the above-captioned debtors and debtors in possession (the "Debtors") filed the Debtors' Motion for Order Authorizing Employment and Retention of Professionals Used in Ordinary Course of Business Nunc Pro Tunc to June I 0, 2012 [Docket No. 160] (the "Motion") with the United States Bankruptcy Court for the District of Delaware, 824 North Market Street, 3rd Floor, Wilmington, Delaware 19801 (the "Court"). PLEASE TAKE FURTHER NOTICE that, on July 10,2012, the Court entered the Order Authorizing Employment and Retention of' Prof'essionals Used in the Ordinary Course of the Debtors' Business Nunc Pro Tunc to June I 0, 2012 [Docket No. 216] (the "Order") granting the relief requested in the Motion. PLEASE TAKE FURTHER NOTICE that, in accordance with the procedures set forth in the Order, the Debtors hereby file the Affidavit and Disclosure Statement of' Charles S. Reagh on The Debtors in these cases, along with the federal tax identification number (or Canadian business number where applicable) for each of the Debtors, are: Allied Systems Holdings, Inc. (58-0360550); Allied Automotive Group, Inc. (58-220 I 081 ); Allied Freight Broker LLC (59-2876864); Allied Systems (Canada) Company (90- 0169283); Allied Systems, Ltd. (L.P.) (58-17I 0028); Axis Areta, LLC (45-5215545); Axis Canada Company (875688228); Axis Group, Inc. (58-2204628); Commercial Carriers, Inc. (38-0436930); CT Services, Inc. (38- 2918187); Cord in Transport LLC (38-1985795); F.J. Boutell Driveaway LLC (38-03651 00); GACS Incorporated (58-1944786); Logistic Systems, LLC (45-4241751 ); Logistic Technology, LLC (45-4242057); QAT, Inc. (59- 2876863); RMX LLC (31-0961359); Transport Support LLC (38-2349563); and Terminal Services LLC (91- 0847582). The location of the Debtors' corporate headquarters and the Debtors' address for service of process is 2302 Park lake Drive, Bldg. 15, Ste. 600, Atlanta, Georgia 30345. RLFJ 6737782v.l Behalf of Stewart McKelvey (the "Retention Affidavit"). A copy of the Retention Ani davit is attached hereto as Exhibit 1. PLEASE TAKE FURTHER NOTICE that objections, if any, to the Retention Affidavit must be made in accordance with the Order and must be filed with the Clerk of the United States Bankruptcy Court for the District of Delaware, 824 North Market Street, Wilmington, Delaware 19801, and be served upon and received by (i) counsel to the Debtors, Richards, Layton & Finger, P .A., One Rodney Square, 920 N. King Street, Wilmington, Delaware 19801 (Attn: Christopher M. Samis); and Troutman Sanders LLP, Bank of America Plaza, 600 Peachtree Street NE, Suite 5200, Atlanta, Georgia 30308-2216 (Attn: Jeffrey W. Kelley); (ii) the Office of the United States Trustee for the District of Delaware, J. Caleb Boggs Federal Building, 844 King Street, Suite 2207, Lockbox 35, Wilmington, Delaware 19801 (Attn: David Buchbinder); (iii) the relevant Ordinary Course Professional (as defined in the Motion), and (iv) counsel to the unsecured creditors' committee, Sidley Austin LLP, 787 Seventh Avenue, New York, New York 10019 (Attn: Michael G. Burke) and Sullivan Hazeltine Allinson LLC, 901 North Market Street, Suite 1300, Wilmington, Delaware 19801 (Attn: William D. Sullivan) (collectively, the "Notice Parties") by no later than 4:00 p.m. (Eastern Daylight Time) on September 7, 2012 (the "Objection Deadline"). PLEASE TAKE FURTHER NOTICE that any response or objection to the Retention Affidavit which cannot be consensually resolved will be scheduled for hearing. Only those objections made in writing and timely filed and received in accordance with the Order and the procedures described herein will be considered by the Court at such hearing. - 2 - RLFl 6737782v. 1 Dated: August 23, 2012 Wilmington, Delaware RLFI 6737782v. l Jeffrey W. Kelley (GA BarNo. 412296) Ezra H. Cohen (GA Bar No. 173800) TROUTMAN SANDERS LLP Bank of America Plaza 600 Peachtree Street, Suite 5200 Atlanta, Georgia 30308-2216 Telephone No.: (404) 885-3000 Facsimile No.: (404) 885-3900 E-Mail: jeffrey.kelley@troutmansanders.com E-Mail: ezra.cohen@troutmansanders.com Counsel for Debtors - 3 - EXHIBIT 1 RLFI 6737782v.l IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11 ALLIED SYSTEMS HOLDINGS, INC., et al.,l Case No. 12-11564 (CSS) (Jointly Administered) Debtors. kF"FIDA VIT OF CHARLES S. REACH ON BEHALF OF STEW ART MCKELVEY PURSUANT TO THE ORDER AUTHORIZING DEBTORS TO RETAIN AND COMPENSATE PROFESSIONALS USED IN THE ORDINARY COURSE OF BUSINESS PROVINCE OF NOV A SCOTIA ) HALIFAX REGIONAL MUNICIPALITY ) CHARLES S. REAGH, being duly sworn, deposes and says: 1. I am a parh1er in the law film of Stewart McKelvey, which firm maintains an office at 1959 Upper Water Street, Halifax, Nova Scotia (the "Partnership"). I am duly authorized to make this Affidavit pursuant to the Order Authorizing Debtors to Retain and Compensate Professionals Used in the Ordinary Course of Business. The facts set fmih in this Affidavit are personally known to me except as otherwise stated to be based on knowledge and belief. 2. The above-captioned "Debtors" (collectively, the "Debtors") have requested that the Partnership provide legal services to the Debtors including advising on, and providing necessary opinions respecting, Nova Scotia law in connection with Debtor-In-Possession financing and corporate entity reorganization, and the Partnership has consented to provide such services. 1 The Debtors in these cases, along with the federal tax identification number (or Canadian business number where applicable) for each of the Debtors, are: Allied Systems Holdings, Inc. (58-0360550); Allied Automotive Group, Inc. (58-2201081); Allied Freight Broker LLC (59-2876864); Allied Systems (Canada) Company (90- 0169283); Allied Systems, Ltd. (L.P.) (58-1710028); Axis Areta, LLC (45-5215545); Axis Canada Company (875688228); Axis Group, Inc. (58-2204628); Commercial Carriers, Inc. (38-0436930); CT Services, Inc. (38- 2918187); Cordin Transpmt LLC (38-1985795); F.J. Boutell Driveaway LLC (38-0365100); GACS Incorporated (58-1944786); Logistic Systems, LLC (45-4241751); Logistic Technology LLC (45-4242057); QAT, Inc. (59-2876863); RMX LLC (31-0961359); Transport Support LLC (38-2349563); and Terminal Services LLC (91-0847582). The location of the Debtors' corporate headquarters and tlw Debtors' address for service of process is 2302 Parklake Drive, Bldg. 15, Ste. 600, Atlanta, Georgia 30345. 2512903.v2 - 2 - 3. The Partnership may have performed services in the past and may perform services in the future, in matters unrelated to the matter herein, for persons that are parties-in-interest in the matter herein. As part of its customary practice, the Partnership is retained in cases, proceedings, and transactions involving many different parties, some of which may represent or be claimants, employees of the Debtors named in the footnote I below, or other parties-in-interest in this matter. The Partnership does not perfonn services for any person or entity other than the Debtors in connection with this matter. In addition, to the best of my !mow ledge and belief, the Partnership does not have any material relationship with any such person, their legal counsel, or accountants that would be adverse to the Debtors or their estates. 4. Neither I nor to the best of my knowledge and belief any professional employed by the Partnership has agreed to share or will share any portion of the compensation to be received from the Debtors with any other person other than the Partnership and its pattners. 5. Neither I nor to the best of my knowledge and belief any principal of or professional employed by the Partnership, insofar as I have been able to ascertain, holds or represents any interest adverse to the Debtors or their estates. 6. If the Partnership should discover any facts bearing on the matters described herein, the Partnership will supplement the information contained in this Affidavit. 7. Pre-petition claims against any of the Debtors held by the Partnership: Amount of claim: C$178.57 Date claim arose: May22, 2012 Source of claim: legal services 8. Pre-petition claims against any of the Debtors held individually by any member, associate, or professional employee ofthe Partnership: NIL 9. Nature and description of any interest adverse to the Debtors or to their estates with respect to the matters on which the Partnership is to be employed: NIL Sworn before me at Halifax Regional of Nova Scotia, on
A Notary Public in and for the Province of Nova Scotia TODD W. SCHINDELER A Notary Public In and far tho Province of Nova Scatlol 25l2903.v2
Assured of Payment, (B) Prohibiting Utilities From Altering, Refusing, or Discontinuing Services, and (C) Establishing Procedures For Resolving Requests For Additional Assurance
Authorizing Payment of Prepetition Wages, Payroll Taxes, Certain Employee Benefits and Related Expenses, and Other Compensation To Employees and Independent Contractors
Case Digest: Pasig Printing Corporation V. Rockland Construction Company, Inc. FACTS: MPLDC Leased Payanig Property or Home Depot Property To ECRM Enterprises (ECRM)