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Full title: Omnibus Objection to Claims Plan Administrator's Second (Substantive) Omnibus Objection to Claims Pursuant to Section 502 of the Bankruptcy Code, Bankruptcy Rule 3007 and Local Rule 3007-1. Filed by Peter Hurwitz. Hearing scheduled for 7/19/2021 at 03:00 PM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #2, Wilmington, Delaware. Objections due by 6/25/2021. (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C # 4 Notice) (Meloro, Dennis) (Entered: 06/11/2021)

Document posted on Jun 10, 2021 in the bankruptcy, 8 pages and 0 tables.

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*THE RELIEF SOUGHT IN THIS OBJECTION IS WITHOUT PREJUDICE TO THE RIGHTS OF THE PLAN ADMINISTRATOR TO PURSUE FURTHER OBJECTIONS TO THE DISPUTED CLAIMS Peter Hurwitz, solely in his capacity as plan administrator (the “Plan Administrator”) for the above-captioned debtor and post-effective date debtor (the “Debtor”) hereby submits this objection (this “Objection”), pursuant to section 502 of title 11 of the United States Code (the “Bankruptcy Code”), Rule 3007 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), and Rule 3007-1 of the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware (the “Local Rules”), to each of the claims filed against the Debtor and its estate that are listed on Schedule 1 (collectively, the 1 The last four digits of the Debtor’s federal tax identification number are 7778.This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2), and the Plan Administrator consents, pursuant to Local Rule 9013-1(f), to the entry of a final order by the Court in connection with the Objection to the extent that it is later determined that the Court, absent consent of the parties, cannot enter final orders or judgments in connection herewith consistent with Article III of the United States Constitution.(the “Bar Date Order”) providing that, except as otherwise provided therein, (i) all persons or entities (including, without limitation, individuals, partnerships, corporations, joint ventures, and trusts) that assert a claim, as defined in section 101(5) of the Bankruptcy Code, against the Debtor, including, without limitation, secured claims, and priority claims, which arose on or prior to the Petition Date, including requests for allowance and payment of claims under section 503(b)(9) of the Bankruptcy Code, shall file a proof of any such claim so that it is actually received on or before 5:00 p.m. Additionally, pursuant to the Bar Date Order, except as otherwise provided by another order of the Court, any person or entity that holds a claim that arises from the rejection of an executory contract or unexpired lease (each, a “Rejection Damages Claim”) must file a proof of claim based on such rejection on or before the later of (i) the General Bar Date or (ii) 5:00 p.m. (prevailing Eastern Time) on the date that is thirty (30) days following the entry of the order approving the rejection of the executory contract or unexpired lease pursuant to which the entity asserting the Rejection Damages Claim is a party (the “Rejection Bar Date” and with the General Bar Date, the Government Bar Date and the Amended Schedules Bar Date, the “Bar Dates”).Given that Players may have mistakenly asserted rejection damages as a priority wage claim under section 507(a)(4), the Disputed Claims should be reclassified as general unsecured claims as indicated on Schedule 1 to the Proposed Order.

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ---------------------------------------------------------x : In re : Chapter 11 : ALPHA ENTERTAINMENT LLC, : Case No. 20-10940 (LSS) : Debtor.1 : Hearing Date: July 19, 2021 at 3:00 p.m. (ET) : Response Deadline: June 25, 2021 at 4:00 p.m. (ET) ---------------------------------------------------------x PLAN ADMINISTRATOR’S SECOND (SUBSTANTIVE) OMNIBUS OBJECTION TO CLAIMS PURSUANT TO SECTION 502 OF THE BANKRUPTCY CODE, BANKRUPTCY RULE 3007 AND LOCAL RULE 3007-1 PARTIES RECEIVING THIS OBJECTION SHOULD LOCATE THEIR NAMES AND THEIR DISPUTED CLAIMS IDENTIFIED ON SCHEDULE 1 TO THE PROPOSED ORDER TO CLAIMANTS WHOSE DISPUTED CLAIMS ARE SUBJECT TO THIS OBJECTION: *YOUR SUBSTANTIVE RIGHTS AMY BE AFFECTED BY THIS OBJECTION AND ANY FURTHER OBJECTION THAT MAY BE FILED IN THIS CHAPTER 11 CASE **THE RELIEF SOUGHT IN THIS OBJECTION IS WITHOUT PREJUDICE TO THE RIGHTS OF THE PLAN ADMINISTRATOR TO PURSUE FURTHER OBJECTIONS TO THE DISPUTED CLAIMS Peter Hurwitz, solely in his capacity as plan administrator (the “Plan Administrator”) for the above-captioned debtor and post-effective date debtor (the “Debtor”) hereby submits this objection (this “Objection”), pursuant to section 502 of title 11 of the United States Code (the “Bankruptcy Code”), Rule 3007 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), and Rule 3007-1 of the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware (the “Local Rules”), to each of the claims filed against the Debtor and its estate that are listed on Schedule 1 (collectively, the 1 The last four digits of the Debtor’s federal tax identification number are 7778. The Debtor’s mailing address is c/o Peter Hurwitz, Plan Administrator, 40 Half Moon Lane, Irvington, NY 10533.

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“Disputed Claims”) to the proposed form of order attached hereto as Exhibit A (the “Proposed Order”), and requests the entry of the Proposed Order reclassifying the Disputed Claims, as indicated in further detail below and on Exhibit A to the Proposed Order. In support of this Objection, the Plan Administrator relies on his declaration (the “Hurwitz Declaration”), a copy of which is attached hereto as Exhibit B. In further support of this Objection, the Plan Administrator respectfully represents as follows: JURISDICTION AND VENUE 1. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334, and the Amended Standing Order of Reference from the United States District Court for the District of Delaware dated as of February 29, 2012. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2), and the Plan Administrator consents, pursuant to Local Rule 9013-1(f), to the entry of a final order by the Court in connection with the Objection to the extent that it is later determined that the Court, absent consent of the parties, cannot enter final orders or judgments in connection herewith consistent with Article III of the United States Constitution. 2. Venue is proper before the Court pursuant to 28 U.S.C. §§ 1408 and 1409. 3. The statutory and legal predicates for the relief sought herein are section 502 of the Bankruptcy Code, Bankruptcy Rule 3007 and Local Rule 3007-1. BACKGROUND 4. On April 13, 2020 (the “Petition Date”), the Debtor commenced this bankruptcy case (the “Chapter 11 Case”) by filing a voluntary petition for relief under chapter 11 of the Bankruptcy Code. No requests have been made for the appointment of a trustee or examiner in the Chapter 11 Case.

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5. Prior to the Petition Date, the Debtor and each player in the Debtor’s XFL football league (the “Players”) entered into a standard employee agreement (the “Player Contracts”). On May 11, 2020, the Court entered orders granting the Debtor’s motions to reject the Player Contracts as of the Petition Date. [See Docket Nos. 116-24] (the “Rejection Orders”). 6. Additional information about the Debtor’s business and the events leading up to the Petition Date can be found in the Disclosure Statement for the 1st Amended Chapter 11 Plan of Alpha Entertainment LLC [Docket No. 503]. 7. On December 10, 2020, the Debtor filed the 2nd Amended Chapter 11 Plan of Alpha Entertainment LLC [Docket No. 583] (the “Plan”). In accordance with the Plan, the Plan Administrator is responsible for administering and objecting to all Claims against the Debtor’s estate. See Plan, § 5.4.3.2 8. On December 11, 2020, the Court entered an order confirming the Plan [Docket No. 592], which approved the appointment of the Plan Administrator as of the Effective Date. Id. at ¶ 18. The Effective Date occurred on December 22, 2020. [See Docket No. 604]. DEBTOR’S SCHEDULES 9. On June 1, 2020, the Debtor filed its Schedules of Assets and Liabilities and Statements of Financial Affairs [Docket Nos. 194 and 195] (the “Schedules”). On September 24, 2020, the Debtor filed a notice of amendment to certain of the Schedules [Docket No. 421]. PROOFS OF CLAIM AND BAR DATE ORDERS 10. On April 15, 2020, the Court entered an order [Docket No. 33] appointing Donlin, Recano & Company, Inc. (“DRC”) as claims and noticing agent in the Chapter 11 Case. Among other things, DRC is authorized to (a) receive, maintain, and record and otherwise administer the 2 Capitalized terms used but not otherwise defined herein shall have the same meaning ascribed to it in the Plan.

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proofs of claim filed in the Chapter 11 Case, and (b) maintain an official claims register for the Debtor. 11. On July 14, 2020, the Court entered an order [Docket No. 286] (the “Bar Date Order”) providing that, except as otherwise provided therein, (i) all persons or entities (including, without limitation, individuals, partnerships, corporations, joint ventures, and trusts) that assert a claim, as defined in section 101(5) of the Bankruptcy Code, against the Debtor, including, without limitation, secured claims, and priority claims, which arose on or prior to the Petition Date, including requests for allowance and payment of claims under section 503(b)(9) of the Bankruptcy Code, shall file a proof of any such claim so that it is actually received on or before 5:00 p.m. (Eastern Time) on August 18, 2020 (the “General Bar Date”), and (ii) all governmental units, as defined in section 101(27) of the Bankruptcy Code, shall file a proof of any such claim so that it is actually received on or before 5:00 p.m. (Eastern Time) on October 12, 2020 (the “Government Bar Date”). 12. Additionally, pursuant to the Bar Date Order, except as otherwise provided by another order of the Court, any person or entity that holds a claim that arises from the rejection of an executory contract or unexpired lease (each, a “Rejection Damages Claim”) must file a proof of claim based on such rejection on or before the later of (i) the General Bar Date or (ii) 5:00 p.m. (prevailing Eastern Time) on the date that is thirty (30) days following the entry of the order approving the rejection of the executory contract or unexpired lease pursuant to which the entity asserting the Rejection Damages Claim is a party (the “Rejection Bar Date” and with the General Bar Date, the Government Bar Date and the Amended Schedules Bar Date, the “Bar Dates”). 13. Notice of the Bar Dates was provided by mail and publication in accordance with the procedures outlined in the Bar Date Order. [Docket Nos. 294 & 327].

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Player Claims and Contracts 14. The Debtor and each Player entered into a Player Contract under which almost every Player earned a base weekly salary of $1,040 with a term spanning from December 4, 2019 to May 31, 2020. A form Player Contract is attached hereto as Exhibit C. After reviewing the Debtor’s books and records and making further inquiry, the Plan Administrator has determined that the Debtor paid all Players their earned wages and salary under the Player Contracts up to and through the Petition Date. 15. The Disputed Claims are Player claims for alleged priority wages, rejection damages and any other amounts alleged to be owing under the Player Contracts. Despite the wages of all Players having been paid through the Petition Date, the Disputed Claims request priority status under section 507(a)(4) of the Bankruptcy Code. Some of the Disputed Claims were also filed after the Bar Dates. The Plan Administrator has determined that no amounts were owing under the Player Contracts as of the Petition Date and rejection damages due under the Player Contracts, if any, should be calculated by taking the Player’s weekly salary and multiplying it by seven, i.e. the number of weeks left on the Player Contracts. Accordingly, without conceding that any rejection damages are due on the Disputed Claims, the Plan Administrator is prepared to allow each of the Disputed Claims, except as otherwise noted on Schedule 1 to the Proposed Order, as a general unsecured claim in the amount of $7,280. RELIEF REQUESTED 16. By this Objection, the Plan Administrator requests that the Court enter the Proposed Order, pursuant to section 502(b) of the Bankruptcy Code, Bankruptcy Rule 3007, and Local Rule 3007-1, reclassifying the Disputed Claims, as indicated in further detail below and on Schedule 1 to the Proposed Order.

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17. In accordance with Local Rule 3007-1(e)(i)(E), the Plan Administrator submits that this Objection complies in all material respects with Local Rule 3007-1. OBJECTION TO DISPUTED CLAIMS A. The Disputed Claims 18. The Disputed Claims listed on Schedule 1 to the Proposed Order assert that the claim is entitled to priority status under the Bankruptcy Code. 19. The Plan Administrator has confirmed that no wages or salaries were unpaid under the Player Contracts as of the Petition Date. Rather, the Plan Administrator’s review revealed that the Debtor paid all wages, salaries, or commissions earned by all Players within 180 days before the Petition Date. As a result, the Player claims are not entitled to priority under section 507(a)(4) of the Bankruptcy Code. Given that Players may have mistakenly asserted rejection damages as a priority wage claim under section 507(a)(4), the Disputed Claims should be reclassified as general unsecured claims as indicated on Schedule 1 to the Proposed Order. Accordingly, the Disputed Claims should be reclassified to the priority levels indicated in the column titled “Reclassified Claim Class” on Schedule 1 to the Proposed Order. Any failure to reclassify the Disputed Claims as indicated on Schedule 1 to the Proposed Order will result in the Player being awarded undue priority status to the detriment of other creditors in this Chapter 11 Case. 20. Accordingly, subject to further objection by the Plan Administrator, the Plan Administrator objects to the Disputed Claims, and requests entry of the Proposed Order reclassifying the Disputed Claims as indicated on Schedule 1 to the Proposed Order. RESPONSES TO THIS OBJECTION 21. Any responses to this Objection must be filed on or before 4:00 p.m. (ET) on June 24, 2021, in accordance with the procedures set forth in the notice of this Objection.

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22. The Plan Administrator reserves the right to adjourn the hearing on any Disputed Claim, and in the event that the Plan Administrator does so, the Plan Administrator will state the same in the agenda for the hearing on that Disputed Claim, which agenda will be served on the claimant. RESERVATION OF RIGHTS 23. The Plan Administrator reserves any and all rights to amend, supplement or otherwise modify this Objection, the Proposed Order, or Schedule 1 thereto, and to file additional objections to any and all claims filed in this Chapter 11 Case, including, without limitation, any and all of the Disputed Claims. The Plan Administrator also reserves any and all rights, claims and defenses with respect to any and all of the Disputed Claims, and nothing included in or omitted from this Objection, the Proposed Order, or Schedule 1 thereto is intended or shall be deemed to impair, prejudice, waive or otherwise affect any rights, claims, or defenses of the Debtor and its estate with respect to the Disputed Claims. NOTICE 24. Notice of the Objection has been provided to: (i) the U.S. Trustee; (ii) counsel to the Committee; (iii) counsel to the Debtor’s prepetition lender; (iv) any party that has requested notice pursuant to Rule 2002 of the Federal Rules of Bankruptcy Procedure; and (v) all claimants whose Disputed Claims are subject of this Objection. In light of the nature of the relief requested herein, the Plan Administrator submits that no other or further notice is necessary. CONCLUSION 25. WHEREFORE, for the reasons set forth herein, the Plan Administrator respectfully requests that the Court (a) enter the Proposed Order, and (b) grant such other and further relief as may be just and proper.

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Dated: June 11, 2021 GREENBERG TRAURIG, LLP /s/ Dennis A. Meloro Dennis A. Meloro (DE Bar No. 4435) The Nemours Building 1007 North Orange Street, Suite 1200 Wilmington, Delaware 19801 Telephone: (302) 661-7000 Facsimile: (302) 661-7360 Email: melorod@gtlaw.com and Ari Newman (admitted pro hac vice) Greenberg Traurig, P.A. 333 S.E. 2nd Avenue, Suite 4400 Miami, FL 33131 Telephone: (305) 579-0500 Facsimile: (305) 579-0717 Email: newmanar@gtlaw.com Counsel for the Plan Administrator

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