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Full title: Application for administrative expenses Filed by Creditor Fourth Enterprises, LLC Objections due by 3/8/2021. (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Proposed Order) (Nguyen, Anh)

Document posted on Feb 14, 2021 in the bankruptcy, 6 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

LLC d/b/a HotSchedules) (“HotSchedules”), a creditor in the above-entitled and numbered case, respectfully submits this Motion for Allowance and Payment of Administrative Expense Claim for Post-Petition Services (the “Motion”) and requests entry of an order pursuant to 11 U.S.C. §§ 105, 503, and 365 directing the allowance and payment of HotSchedules’ administrative expense claim in the amount of $14,447.35.Prior to the Petition Date, on or about April 28, 2016, HotSchedules and the Debtors entered into an agreement wherein HotSchedules agreed to provide software subscription and support services to the Debtors for use in their theaters.For purposes of providing notice to the Debtors, attached as Exhibit B is a true and correct copy of the invoice, dated February 1, 2021, reflecting the amount of $12,781.36 that will become due and owing to HotSchedules for Debtors’ post-petition use of software subscription and support services.By this Motion, HotSchedules seeks allowance and payment of $14,447.35 as an administrative expense pursuant to § 503(b)(1)(A) of the Bankruptcy Code for services provided to Debtors in the ordinary course of business after the Petition Date.HotSchedules is therefore entitled, pursuant to § 503(b)(1)(A) of the Bankruptcy Code, to an administrative expense claim in the amount of $14,447.35 on account of the software subscription and support services being provided by HotSchedules to Debtors after the Petition Date.

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Sabrina L. Streusand State Bar No. 11701700 Anh Nguyen State Bar No. 24079053 STREUSAND, LANDON, OZBURN & LEMMON, LLP 1801 S. MoPac Expressway, Suite 320 Austin, Texas 78746 Telephone (512) 236-9905 Facsimile (512) 236-9904 streusand@slollp.com nguyen@slollp.com Attorneys for Fourth Enterprises, LLC IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION IN RE: § § Chapter 11 STUDIO MOVIE GRILL § HOLDINGS, LLC, et. al., § CASE NO. 20-32633 § Debtors. § Jointly Administered § MOTION OF FOURTH ENTERPRISES, LLC FOR ALLOWANCE AND PAYMENT OF ADMINISTRATIVE EXPENSE CLAIM FOR POST-PETITION SERVICES NO HEARING WILL BE CONDUCTED HEREON UNLESS A WRITTEN RESPONSE IS FILED WITH THE CLERK OF THE UNITED STATES BANKRUPTCY COURT AT 1100 COMMERCE STREET, ROOM 1254, DALLAS, TEXAS 75242-1496 BEFORE CLOSE OF BUSINESS ON MARCH 8, 2021, WHICH IS AT LEAST 21 DAYS FROM THE DATE OF SERVICE HEREOF ANY RESPONSE SHALL BE IN WRITING AND FILED WITH THE CLERK, AND A COPY SHALL BE SERVED UPON COUNSEL FOR THE MOVING PARTY PRIOR TO THE DATE AND TIME SET FORTH HEREIN. IF A RESPONSE IS FILED A HEARING MAY BE HELD WITH NOTICE ONLY TO THE OBJECTING PARTY. IF NO HEARING ON SUCH NOTICE OR MOTION INITIATING A CONTESTED MATTER IS TIMELY REQUESTED, THE RELIEF REQUESTED SHALL BE DEEMED TO BE UNOPPOSED, AND THE COURT MAY ENTER AN ORDER GRANTING THE RELIEF SOUGHT OR THE NOTICED ACTION MAY BE TAKEN.

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Fourth Enterprises, LLC (formerly known as Red Book Connect, LLC d/b/a HotSchedules) (“HotSchedules”), a creditor in the above-entitled and numbered case, respectfully submits this Motion for Allowance and Payment of Administrative Expense Claim for Post-Petition Services (the “Motion”) and requests entry of an order pursuant to 11 U.S.C. §§ 105, 503, and 365 directing the allowance and payment of HotSchedules’ administrative expense claim in the amount of $14,447.35. In support of the relief requested, HotSchedules respectfully shows the Court as follows: I. JURISDICTION 1. Under 28 U.S.C. §§ 157 and 1334, the Court has jurisdiction over the Motion and relief requested herein. Pursuant to 28 U.S.C. §§ 157(b)(2)(A), (B), and (O), this Motion presents a core proceeding. 2. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1408 and 1409. 3. The statutory basis for the relief requested includes 11 U.S.C. §§ 503, 507(a)(2). II. BACKGROUND 4. On October 23, 2020 (the “Petition Date”), Studio Movie Grill Holdings, LLC and various related entities (collectively, the “Debtors”) filed a voluntary petition for relief under Chapter 11 of Title 11 of the United States Bankruptcy Code. 5. Prior to the Petition Date, on or about April 28, 2016, HotSchedules and the Debtors entered into an agreement wherein HotSchedules agreed to provide software subscription and support services to the Debtors for use in their theaters. Debtors, in turn, agreed to pay HotSchedules the monthly subscription fees and charges pursuant to the agreement for such services. 6. On January 21, 2021, the Court entered an Order Establishing an

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Administrative Claim Bar Date and Approving the Form and Manner of Notice Thereof, which sets forth the deadline of February 15, 2021 for asserting administrative expense claims arising on or before January 31, 2021. [Doc. No. 532]. 7. Since the Petition Date, and pursuant to the agreement, HotSchedules has continued to supply the software subscription and support services to the Debtors for use in Debtors’ ordinary course of business. Although Debtors have enjoyed the benefit of HotSchedules’s services, the Debtors have failed to pay for post-petition software subscription and support services. As of the date of this Motion, the Debtors owe HotSchedules a total of $14,447.35 (the “Administrative Expense Claim”). Attached hereto as Exhibit A is a true and correct copy of the invoice, dated January 1, 2021, reflecting the amount due and owing to HotSchedules for Debtors’ post-petition use of the software subscription and support services. 8. For purposes of providing notice to the Debtors, attached as Exhibit B is a true and correct copy of the invoice, dated February 1, 2021, reflecting the amount of $12,781.36 that will become due and owing to HotSchedules for Debtors’ post-petition use of software subscription and support services. HotSchedules is not currently seeking payment of this amount in this Motion but merely to provide notice to Debtors. However, HotSchedules reserves the right to seek payment of this post-petition administrative expense amount as well as any additional post-petition administrative expense amount that may come due after January 31, 2021 at a later date. III. RELIEF REQUESTED AND BASIS FOR RELIEF 9. By this Motion, HotSchedules seeks allowance and payment of $14,447.35 as an administrative expense pursuant to § 503(b)(1)(A) of the Bankruptcy Code for

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services provided to Debtors in the ordinary course of business after the Petition Date. 10. The Bankruptcy Code provides that “the actual, necessary costs and expenses of preserving the estate” are characterized as administrative expenses and are entitled to priority. 11 U.S.C. §§ 503(b)(1)(A) and 507(a)(2). Administrative priority is given to post-petition vendors as an inducement to engage in business transactions with a debtor’s estate. Matter of TransAmerican Nat. Gas Corp., 978 F.2d 1409, 1416, reh’g denied, 983 F.2d 1060 (5th Cir. 1993). 11. A request for payment qualifies as an administrative expense claim pursuant to Section 503 if it arose post-petition and results in a direct benefit to the estate. In re Jack/Wade Drilling, Inc., 258 F.3d 385, 387 (5th Cir. 2001). A debt is incurred on the date that a debtor becomes liable for it or “when . . . a resource is consumed.” Matter of Emerald Oil Co., 695 F.2d 833, 837 (5th Cir. 1983). Further, in order for an obligation to qualify as an actual and necessary cost, the obligation: (1) must have arisen from a transaction with the estate; and (2) the goods supplied enhanced the ability of the estate’s business to function. In re TransAmerican Natural Gas Corp., 978 F.2d 1409, 1416 (5th Cir. 1992). 12. After the Petition Date, HotSchedules continued to provide post-petition services to the Debtors, as evidence by the attached invoice. See Exhibit A. Because the software subscription and support services were provided to Debtors after the Petition Date, the debt is a post-petition debt. Further, the cost of those services constitutes an actual and necessary cost of preserving the Debtors’ estates, because the software subscription and support services have allowed the Debtors to continue their theater

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operations, generate income during their bankruptcy, and preserve key customer relationships. 13. HotSchedules is therefore entitled, pursuant to § 503(b)(1)(A) of the Bankruptcy Code, to an administrative expense claim in the amount of $14,447.35 on account of the software subscription and support services being provided by HotSchedules to Debtors after the Petition Date. 14. In addition to requesting an order allowing the Administrative Expense Claim in the amount set forth herein, HotSchedules also requests that the Court order Debtors to pay the Administrative Expense Claim within ten (10) days of an order granting this Motion. The timing of payment of an administrative expense claim under § 503(b) is a matter within the Court’s discretion. In re NE Opco, Inc., 501 B.R. 233, 259 (Bank. D. Del. 2013); In re Garden Ridge Corp., 323 B.R. 136, 143 (Bankr. D. Del. 2005); In re Mr. Gatti’s, Inc., 164 B.R. 929, 936 (Bankr. W.D. Tex. 1994). IV. RESERVATION OF RIGHTS 15. HotSchedules reserves the right to amend or supplement this Motion to assert additional administrative expense claims against the Debtors. V. NO PRIOR REQUEST 16. No previous motion or request for the relief sought herein has been made to this or any other Court. VI. CONCLUSION WHEREFORE, HotSchedules respectfully requests that this Court enter an order (i) allowing HotSchedules’ administrative expense claim pursuant to § 503(b)(1)(A) of the Bankruptcy Code with respect to the software subscription and support services in the

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amount of $14,447.35 and (ii) granting HotSchedules such other and further relief as is just and proper. Dated: February 15, 2021 Respectfully submitted, By: /s/ Anh Nguyen Sabrina L. Streusand State Bar No. 11701700 Anh Nguyen State Bar No. 24079053 STREUSAND, LANDON, OZBURN & LEMMON LLP 1801 S. MoPac Expressway, Ste. 320 Austin, Texas 78746 Telephone: (512) 236-9901 Facsimile: (512) 236-9904 streusand@slollp.com nguyen@slollp.com ATTORNEYS FOR FOURTH ENTERPRISES, LLC CERTIFICATE OF SERVICE The undersigned certifies that, on February 15, 2021, a true and correct copy of the foregoing document was served via the Court’s Electronic Case Filing (ECF) system upon all parties registered to receive electronic notices in this case, including the Debtors, the Office of the United States Trustee, and counsel for the Official Committee of Unsecured Creditors. /s/ Anh Nguyen Anh Nguyen