HTML Document View

Full title: Stipulation as to Extension of Deadlines (I) On Abandonment of Personal Property and (II) to Object to the Lockard Application for Administrative Expense Claim (RE: related document(s)684 Application for administrative expenses filed by Creditor Lockard Development, Inc.). Entered on 3/26/2021 (Tello, Chris)

Document posted on Mar 25, 2021 in the bankruptcy, 4 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

HOLDINGS, LLC, et al., § § (Jointly Administered) Debtors.1 § 1 The Debtors in these Chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification number, include: Studio Movie Grill Holdings, LLC (6546) (“SMG Holdings”); OHAM Holdings, LLC (0966); Movie Grill Concepts Trademark Holdings, LLC (3096); Movie Grill Concepts I, Ltd. (6645); Movie Grill Concepts III, Ltd. (2793); Movie Grill Concepts IV, Ltd. (1454); Movie Grill Concepts IX, LLC (3736); Movie Grill Concepts VI, Ltd. (6895); Movie Grill Concepts VII, LLC (2291); Movie Grill Concepts X, LLC (6906); Movie Grill Concepts XI, LLC (2837); Movie Grill Concepts XII, LLC (6040); Movie Grill Concepts XIII, LLC (5299); Movie Grill Concepts XIV, LLC (4709); Movie Grill Concepts XIX, LLC (9646); Movie Grill Concepts XL, LLC (4454); Movie Grill Concepts XLI, LLC (4624); Movie Grill Concepts XLII, LLC (2309); Movie Grill Concepts XLIII, LLC (9721); Movie Grill Concepts XLIV, LLC (8783); Movie Grill Concepts XLV, LLC (2570); Movie Grill Concepts XV, LLC (4939); Movie Grill Concepts XVI, LLC (1033); Movie Grill Concepts XVII, LLC (1733); Movie Grill Concepts XVIII, LLC (8322); Movie Grill Concepts XX, LLC (7300); Movie Grill Concepts XXI, LLC (1508); Movie Grill Concepts XXII, LLC (6748); Movie Grill Concepts XXIV, LLC (5114); Movie Grill Concepts XXIX, LLC (5857); Movie Grill Concepts XXV, LLC (4985); Movie Grill Concepts XXVI, LLC (5233); Movie Grill Concepts XXVII, LLC (4427); Movie Grill Concepts XXVIII, LLC (1554); Movie Grill Concepts XXX, LLC (1431); Movie Grill Concepts XXXI, LLC (3223); Movie Grill Concepts XXXII, LLC (0196); Movie Grill Concepts XXXIII, LLC (1505); Movie Grill Concepts XXXIV, LLC (9770); Movie Grill Concepts XXXIX, LLC (3605); Movie Grill Concepts XXXV, LLC (0571); Movie Grill Concepts XXXVI, LLC (6927); Movie Grill Concepts XXXVII, LLC (6401); Movie Grill Concepts XXXVIII, LLC (9657); Movie Grill Concepts XXIII, LLC (7893); Studio Club, LLC (3023); Studio Club IV, LLC (9440); Movie Grill Concepts XI, LLC (2837); Movie Grill Concepts XLI, LLC (4624); Movie Grill Concepts XLVI, LLC (2344); Movie Grill Concepts XLVII, LLC (5866); Movie Grill Concepts XLVIII, LLC (8601); Movie Grill Concepts XLIX, LLC (0537); Movie Grill Concepts L, LLC (5940); Movie Grill Concepts LI, LLC (7754); Movie Grill Concepts LII, LLC (8624); Movie Grill Concepts LIII, LLC (3066); Movie Grill Concepts LIV, LLC (2018); Movie Grill Concepts LV, LLC (4699); Movie Grill Partners 3, LLC (4200); Movie Grill Partners 4, LLC (1363); Movie Grill Partners 6, LLC (3334); and MGC ManagementHoldings, LLC and its debtor affiliates, as debtors and debtors in possession in the above-captioned chapter 11 cases (collectively, the “Debtors” or the “SMG”), specifically Movie Grill Concepts XXXII, LLC (“MGC XXII”), and Lockard Development, Inc., Midland Square, L.L.C. and Midland Tower Properties, L.L.C. (collectively, “Lockard”) hereby stipulate and agree as f

Page 1

The following constitutes the ruling of the court and has the force and effect therein described. igned March 25, 2021 _____________________________________ ________________________________ IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION § In re: § Chapter 11 § STUDIO MOVIE GRILL § Case No. 20-32633-SGJ HOLDINGS, LLC, et al., § § (Jointly Administered) Debtors.1 § 1 The Debtors in these Chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification number, include: Studio Movie Grill Holdings, LLC (6546) (“SMG Holdings”); OHAM Holdings, LLC (0966); Movie Grill Concepts Trademark Holdings, LLC (3096); Movie Grill Concepts I, Ltd. (6645); Movie Grill Concepts III, Ltd. (2793); Movie Grill Concepts IV, Ltd. (1454); Movie Grill Concepts IX, LLC (3736); Movie Grill Concepts VI, Ltd. (6895); Movie Grill Concepts VII, LLC (2291); Movie Grill Concepts X, LLC (6906); Movie Grill Concepts XI, LLC (2837); Movie Grill Concepts XII, LLC (6040); Movie Grill Concepts XIII, LLC (5299); Movie Grill Concepts XIV, LLC (4709); Movie Grill Concepts XIX, LLC (9646); Movie Grill Concepts XL, LLC (4454); Movie Grill Concepts XLI, LLC (4624); Movie Grill Concepts XLII, LLC (2309); Movie Grill Concepts XLIII, LLC (9721); Movie Grill Concepts XLIV, LLC (8783); Movie Grill Concepts XLV, LLC (2570); Movie Grill Concepts XV, LLC (4939); Movie Grill Concepts XVI, LLC (1033); Movie Grill Concepts XVII, LLC (1733); Movie Grill Concepts XVIII, LLC (8322); Movie Grill Concepts XX, LLC (7300); Movie Grill Concepts XXI, LLC (1508); Movie Grill Concepts XXII, LLC (6748); Movie Grill Concepts XXIV, LLC (5114); Movie Grill Concepts XXIX, LLC (5857); Movie Grill Concepts XXV, LLC (4985); Movie Grill Concepts XXVI, LLC (5233); Movie Grill Concepts XXVII, LLC (4427); Movie Grill Concepts XXVIII, LLC (1554); Movie Grill Concepts XXX, LLC (1431); Movie Grill Concepts XXXI, LLC (3223); Movie Grill Concepts XXXII, LLC (0196); Movie Grill Concepts XXXIII, LLC (1505); Movie Grill Concepts XXXIV, LLC (9770); Movie Grill Concepts XXXIX, LLC (3605); Movie Grill Concepts XXXV, LLC (0571); Movie Grill Concepts XXXVI, LLC (6927); Movie Grill Concepts XXXVII, LLC (6401); Movie Grill Concepts XXXVIII, LLC (9657); Movie Grill Concepts XXIII, LLC (7893); Studio Club, LLC (3023); Studio Club IV, LLC (9440); Movie Grill Concepts XI, LLC (2837); Movie Grill Concepts XLI, LLC (4624); Movie Grill Concepts XLVI, LLC (2344); Movie Grill Concepts XLVII, LLC (5866); Movie Grill Concepts XLVIII, LLC (8601); Movie Grill Concepts XLIX, LLC (0537); Movie Grill Concepts L, LLC (5940); Movie Grill Concepts LI, LLC (7754); Movie Grill Concepts LII, LLC (8624); Movie Grill Concepts LIII, LLC (3066); Movie Grill Concepts LIV, LLC (2018); Movie Grill Concepts LV, LLC (4699); Movie Grill Partners 3, LLC (4200); Movie Grill Partners 4, LLC (1363); Movie Grill Partners 6, LLC (3334); and MGC Management I, LLC (3224).

Page 2

STIPULATION AS TO EXTENSION OF DEADLINES (I) ON ABANDONMENT OF PERSONAL PROPERTY AND (II) TO OBJECT TO THE LOCKARD APPLICATION FOR ADMINISTRATIVE EXPENSE CLAIM [Related to Docket Number 684] Studio Movie Grill Holdings, LLC and its debtor affiliates, as debtors and debtors in possession in the above-captioned chapter 11 cases (collectively, the “Debtors” or the “SMG”), specifically Movie Grill Concepts XXXII, LLC (“MGC XXII”), and Lockard Development, Inc., Midland Square, L.L.C. and Midland Tower Properties, L.L.C. (collectively, “Lockard”) hereby stipulate and agree as follows: WHEREAS, on January 27, 2021, the Court entered the Second Order (A) Partially Granting Debtors’ Second Motion For Order Under Section 365 And 554 Of The Bankruptcy Code (I) Authorizing The Debtors To Reject Certain Unexpired Commercial Real Property Leases Effective As Of October 23, 2020; And (II) Granting Related Relief; And (B) Continuing The Hearing As To Certain Remaining Unexpired Commercial Real Property Leases [Docket No. 552] (the “Rejection Order”); WHEREAS, the Rejection Order included rejection of a non-residential lease between MGC XXXII and Lockard concerning a certain premises know as Prosperity Market in Charlotte, North Carolina (the “Prosperity Lease”); WHEREAS, in Exhibit A of the Rejection Order (Abandonment Procedures for Rejected Leases), paragraph 4, states: “No personal property shall be deemed abandoned at the Prosperity Lease location until February 16, 2021, subject to further extension. Debtors shall pay the landlord on the Prosperity Lease $10,000 for such extension on abandonment in lieu of any administrative expense claim by the landlord under the Prosperity Lease”; WHEREAS, Debtors and Lockard subsequently extended the abandonment date of the Rejection Order (the “Abandonment Deadline”) and agree by this Stipulation to do so again;

Page 3

WHERAS, on February 26, 2021, Lockard filed its Application of Lockard Development, Inc., Midland Square, L.L.C. and Midland Tower Properties, L.L.C. for Allowance and Payment of Administrative Expense Claim [Docket No. 684] (the “Application”) seeking an administrative expense claim in the amount of $48,000 for the storage of the Debtors’ personal property at the premises of the Prosperity Lease;; WHEREAS, the objection deadline to the Application is March 23, 2021 (the “Objection Deadline”); WHEREAS, the Debtors and Lockard are in negotiations related to a new lease for the premises previously subject to the Prosperity Lease and the personal property, which if successful, could resolve the Application; WHEREAS, in order to allow the Debtors and Lockard additional time to resolve the Application, Lockard has agreed to further extend the Objection Deadline to April 30, 2021 upon the conditions set forth herein. NOW, THEREFORE, THE DEBTORS AND LOCKARD STIPULATE AND AGREE THAT: 1. The Abandonment Deadline is hereby extended to and including April 30, 2021. 2. The Objection Deadline is hereby extended to and including April 30, 2021. 3. An objection to the Application filed by the Debtors shall be deemed timely filed and served provided that such objection is filed and served by no later than April 30, 2021. 4. For such additional extension of the Abandonment Deadline, Debtors shall pay to Lockard an additional $10,000 lease extension payment in lieu of any administrative expense claim by Lockard for storage of the personal property located at the Prosperity Lease location from the date of the last extension of the Abandonment Deadline through and including April 30, 2021. 5. Debtors and Lockard expressly reserve all other rights with respect to the Application except as expressly stated in this Stipulation.

Page 4

IT IS FURTHER STIPULATED AND AGREED that a copy of the signatures on this stipulation may be treated as originals for all purposes. STIPULATED AND AGREED: /s/ Jeffery M. Veteto Frank J. Wright Texas Bar No. 22028800 Jeffery M. Veteto Texas Bar No. 24098548 Jay A. Ferguson Texas Bar No. 24094648 LAW OFFICES OF FRANK J. WRIGHT, PLLC 2323 Ross Avenue, Suite 730 Dallas, Texas 75201 Telephone: (214) 935-9100 COUNSEL TO DEBTORS AND DEBTORS-IN-POSSESSION /s/ Deborah L. Fletcher Deborah L. Fletcher, Partner Pro Hac Vice Admission FisherBroyles, LLP 338 Sharon Amity Road, #518 Charlotte, NC 28211 Direct: 704.442.7263 Email: deborah.fletcher@fisherbroyles.com Lisa A. Powell, Partner Texas Bar No. 16204215 FisherBroyles, LLP 2925 Richmond Ave., Suite 1200 Houston, TX 77098 Direct: 713.955.3302 Mobile: 832.573.1583 Email: lisa.powell@fisherbroyles.com COUNSEL FOR LOCKARD DEVELOPMENT, INC., MIDLAND SQUARE, L.L.C. AND MIDLAND TOWER PROPERTIES, L.L.C. ### END OF ORDER ###