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Full title: Motion to Extend the Period Within Which the Post-Effective Date Debtor May Remove Actions Pursuant to 28 U.S.C. § 1452 Filed by Plan Administrator. Hearing scheduled for 9/27/2021 at 01:00 PM at US Bankruptcy Court, 824 Market St., 3rd Fl., Courtroom #7, Wilmington, Delaware. Objections due by 9/3/2021. (Attachments: # 1 Notice # 2 Exhibit A) (Feldman, Betsy) (Entered: 08/20/2021)

Document posted on Aug 19, 2021 in the bankruptcy, 8 pages and 0 tables.

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SIXTH MOTION FOR AN ORDER, PURSUANT TO BANKRUPTCY RULES 9006 AND 9027, EXTENDING THE PERIOD WITHIN WHICH THE POST-EFFECTIVE DATE DEBTOR MAY REMOVE ACTIONS PURSUANT TO 28 U.S.C. § 1452 Charles C. Reardon, as plan administrator (the “Plan Administrator”) for Suitable Technologies, Inc., the debtor in the above-captioned chapter 11 case (the “Post-Effective Date Debtor” and before the effective date of the chapter 11 plan confirmed by this Court, the “Debtor”), hereby moves the Court (this “Motion”) for the entry of an order, substantially in the form attached hereto as Exhibit A (the “Proposed Order”), pursuant to Rules 9006 and 9027 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), further extending the period within which the Post-Effective Date Debtor may remove actions pursuant to 28 U.S.C. § 1452 from the current deadline of August 23, 2021 through and including December 31, 2021. Pursuant to Rule 9013-1(f) of the Local Rules of Bankruptcy Practice and Procedure for the United States Bankruptcy Court for the District of Delaware (the “Local Rules”), the Plan Administrator consents to the Court’s entry of a final judgment or order with respect to the Motion if it is determined that the Court, absent consent of the parties, cannot enter final orders or judgments consistent with Article III of the United States Constitution.By this Motion, the Plan Administrator requests that the Court enter the Proposed Order, further extending the period within which the Post-Effective Date Debtor may remove actions and related proceedings from the Current Removal Deadline of August 23, 2021 through and including December 31, 2021, without prejudice to the rights of the Plan Administrator to seek further extensions of the time within which to remove actions and related proceedings.4 BASIS FOR RELIEF 10. [a] party may remove any claim or cause of action in a civil action other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce such governmental unit’s police or regulatory power, to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under section 1334 of this title.[W]hen an act is required or allowed to be done at or within a specified period by [the Bankruptcy Rules] or by a notice given thereunder or by order of court, the court for cause shown may at any time in its discretion … with or without motion or notice order the period enlarged if the request therefor is made before the expiration of the period originally prescribed or as extended by a previous order.

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11 SUITABLE TECHNOLOGIES, INC.,1 Case No. 20-10432 (CTG) Debtor. Hearing Date: September 27, 2021 at 1:00 p.m. (ET) Objection Deadline: September 3, 2021 at 4:00 p.m. (ET) PLAN ADMINISTRATOR’S SIXTH MOTION FOR AN ORDER, PURSUANT TO BANKRUPTCY RULES 9006 AND 9027, EXTENDING THE PERIOD WITHIN WHICH THE POST-EFFECTIVE DATE DEBTOR MAY REMOVE ACTIONS PURSUANT TO 28 U.S.C. § 1452 Charles C. Reardon, as plan administrator (the “Plan Administrator”) for Suitable Technologies, Inc., the debtor in the above-captioned chapter 11 case (the “Post-Effective Date Debtor” and before the effective date of the chapter 11 plan confirmed by this Court, the “Debtor”), hereby moves the Court (this “Motion”) for the entry of an order, substantially in the form attached hereto as Exhibit A (the “Proposed Order”), pursuant to Rules 9006 and 9027 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), further extending the period within which the Post-Effective Date Debtor may remove actions pursuant to 28 U.S.C. § 1452 from the current deadline of August 23, 2021 through and including December 31, 2021. In support of this Motion, the Plan Administrator respectfully states as follows: JURISDICTION AND VENUE 1. The Court has jurisdiction to consider the Motion pursuant to 28 U.S.C. §§ 157 and 1334, and the Amended Standing Order of Reference from the United States District 1 The last four digits of the Debtor’s United States federal tax identification number are 7816. The Debtor’s mailing address is 921 East Charleston Road, Palo Alto, CA 94303. 8451586.2

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Court for the District of Delaware, dated as of February 29, 2012 (the “Amended Standing Order”). This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2). Venue is proper in this Court pursuant to 28 U.S.C. §§ 1408 and 1409. 2. Pursuant to Rule 9013-1(f) of the Local Rules of Bankruptcy Practice and Procedure for the United States Bankruptcy Court for the District of Delaware (the “Local Rules”), the Plan Administrator consents to the Court’s entry of a final judgment or order with respect to the Motion if it is determined that the Court, absent consent of the parties, cannot enter final orders or judgments consistent with Article III of the United States Constitution. 3. The statutory and legal predicates for the relief requested herein are Bankruptcy Rules 9006 and 9027. BACKGROUND A. General Background 4. On February 26, 2020 (the “Petition Date”), the Debtor commenced a voluntary case (the “Chapter 11 Case”) under chapter 11 of title 11 of the United States Code, 11 U.S.C. §§ 101 et seq. (the “Bankruptcy Code”). From the Petition Date through the Effective Date of the Plan (each as defined below), the Debtor managed its financial affairs as a debtor in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. 5. As set forth in the Declaration of Charles C. Reardon in Support of the Debtor’s Chapter 11 Petition and First Day Pleadings [Docket No. 7], the Debtor commenced the Chapter 11 Case to continue the process of winding down its business affairs and to conduct a sale process (the “Sale Process”) for substantially all of its assets pursuant to section 363 of the Bankruptcy Code. On April 20, 2020, the Court entered an order [Docket No. 110] (the “Bidding Procedures Order”) establishing, among other things, certain bidding and auction procedures in 8451586.2

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connection with the Sale Process. In accordance with the Bidding Procedures Order, the Debtor, in consultation with its professional advisors, conducted a thorough marketing and auction process for its assets. At the conclusion of the auction, the Debtor designated Blue Ocean Robotics ApS and Magicheart Investments LLC as the successful bidders for the assets contemplated to be purchased pursuant to their respective asset purchase agreements. On August 20, 2020, the Court entered orders [Docket Nos. 225 and 226] (the “Sale Orders”) approving such sales (the “Sales”). The Sales closed on August 21, 2020. 6. On June 23, 2021, the Court entered the Findings of Fact, Conclusions of Law, and Order Confirming the Chapter 11 Plan of Liquidation of Suitable Technologies, Inc. [Docket No. 456] (the “Confirmation Order”), whereby the Chapter 11 Plan of Liquidation of Suitable Technologies, Inc. (including all exhibits and supplements thereto, and as amended, modified or supplemented from time to time, the “Plan”) was confirmed.2 On June 29, 2021, the Plan became effective (the “Effective Date”). Pursuant to Section 5.4 of the Plan and the Plan Administrator Agreement, the Plan Administrator was appointed as the sole representative of the Post-Effective Date Debtor. 7. Now that the Effective Date has occurred, the Plan Administrator is continuing to wind down the affairs of the Post-Effective Date Debtor in an orderly and efficient manner. B. The Prior Extension Requests 8. On May 21, 2021, the Debtor filed a motion [Docket No. 426] (the “Fifth Extension Motion”) to further extend the deadline to remove actions pursuant to 28 U.S.C. § 1452 2 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Plan. 8451586.2

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(the “Removal Deadline”).3 On June 9, 2021, the Court entered an order [Docket No. 438] granting the Fifth Extension Motion and extending the Removal Deadline through and including August 23, 2021 (the “Current Removal Deadline”), without prejudice to the Plan Administrator’s rights to seek further extensions of the Removal Deadline. RELIEF REQUESTED 9. By this Motion, the Plan Administrator requests that the Court enter the Proposed Order, further extending the period within which the Post-Effective Date Debtor may remove actions and related proceedings from the Current Removal Deadline of August 23, 2021 through and including December 31, 2021, without prejudice to the rights of the Plan Administrator to seek further extensions of the time within which to remove actions and related proceedings.4 BASIS FOR RELIEF 10. Bankruptcy Rule 9027 and 28 U.S.C. § 1452 govern the removal of pending civil actions. Specifically, section 1452(a) provides that: [a] party may remove any claim or cause of action in a civil action other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce such governmental unit’s police or regulatory power, to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under section 1334 of this title. 28 U.S.C. § 1452(a). Bankruptcy Rule 9027(a)(2) further provides, in pertinent part that: [i]f the claim or cause of action in a civil action is pending when a case under the [Bankruptcy] Code is commenced, a notice of removal may be filed in the bankruptcy court only within the longest of (A) 90 days 3 The Fifth Extension Motion and the prior motions [Docket Nos. 147, 227, 306 & 349] seeking extension of the Removal Deadline are collectively referred to herein as the “Prior Extension Motions.” 4 Pursuant to Local Rule 9006-2, the filing of this Motion prior to the expiration of the Current Removal Deadline shall automatically extend the Current Removal Deadline until the Court acts on this Motion without the necessity for entry of a bridge order. 8451586.2

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after the order for relief in the case under the Code, (B) 30 days after entry of an order terminating a stay, if the claim or cause of action in a civil action has been stayed under § 362 of the Code, or (C) 30 days after a trustee qualifies in a chapter 11 reorganization case but not later than 180 days after the order for relief. Fed. R. Bankr. P. 9027(a)(2). 11. Bankruptcy Rule 9006(b) provides that the Court may extend unexpired time periods, such as the Post-Effective Date Debtor’s removal period, without notice: [W]hen an act is required or allowed to be done at or within a specified period by [the Bankruptcy Rules] or by a notice given thereunder or by order of court, the court for cause shown may at any time in its discretion … with or without motion or notice order the period enlarged if the request therefor is made before the expiration of the period originally prescribed or as extended by a previous order. Fed. R. Bankr. P. 9006(b)(1). Accordingly, the Court is authorized to grant the relief requested herein. See Raff v. Gordon, 58 B.R. 988, 991 (Bankr. E.D. Pa. 1986) (stating that the period in which to file a motion to remove may be expanded pursuant to Bankruptcy Rule 9006); Jandous Elec. Constr. Corp. v. City of New York (In re Jandous Elec. Constr. Corp.), 106 B.R. 48, 50 (Bankr. S.D.N.Y. 1989) (same); see also Doan v. Loomis (In re Fort Dodge Creamery Co.), 117 B.R. 438, 442-43 (Bankr. N.D. Iowa 1990) (implying that the time period in which a removal motion may be filed may be extended pursuant to Bankruptcy Rule 9006); In re Boyer, 108 B.R. 19, 26 (Bankr. N.D.N.Y. 1988) (same). 12. The Debtor was a party to at least one action pending in another court (together with any other actions to which the Debtor might be a party, the “Actions”). Pursuant to the Plan Settlement, the Chancery Court Action was dismissed shortly after the Effective Date of the Plan. Nevertheless, out of an abundance of caution, the Plan Administrator believes that it is prudent to seek an extension of the time established by Bankruptcy Rule 9027 to protect the 8451586.2

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rights of the Post-Effective Date Debtor to remove any Actions that may be pending in another court. 13. The Plan Administrator submits that extending the Current Removal Deadline is essential and in the best interests of the Post-Effective Date Debtor, its estate, and its creditors. As discussed in the Prior Extension Motions, since the Petition Date, the Debtor worked diligently to, among other things, ensure the Debtor’s smooth transition into chapter 11, and preserve and maximize the value of the Debtor’s estate for the benefit of all stakeholders. 14. In addition to those activities detailed in the Prior Extension Motions, all of which are incorporated herein by reference and are further support for the relief requested herein, since the filing of the Fifth Extension Motion, the Debtor, the Post-Effective Date Debtor or the Plan Administrator, as applicable, has, among other things: (i) obtained approval of the Plan, which has since become effective; (ii) continued to reconcile proofs of claim filed in this Chapter 11 Case; (iii) issued distributions on all Allowed Administrative Claims and Priority Tax Claims, and commenced distributions on Allowed General Unsecured Claims, in each case, in accordance with the Plan; and (iv) handled various other tasks related to the administration of the Debtor’s estate and this Chapter 11 Case, including responding to various inquiries from creditors and interested parties. 15. As a result of the foregoing efforts and various others, the Post-Effective Date Debtor has not had sufficient time to determine if any Action should be removed pursuant to Bankruptcy Rule 9027(a). Accordingly, the Plan Administrator submits that extending the Current Removal Deadline is in the best interests of the Post-Effective Date Debtor, its estate and creditors. The extension sought will afford the Post-Effective Date Debtor an opportunity to make more fully informed decisions concerning the removal of any Action, and will ensure that the Post-Effective Date Debtor and its estate do not forfeit the valuable rights afforded to them under 28 U.S.C. § 8451586.2

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1452. Furthermore, the Plan Administrator submits that granting the extension requested herein will not prejudice the rights of any other parties to the Actions because such parties may not prosecute them absent relief from the automatic stay. In addition, nothing herein will prejudice any party to an Action that the Post-Effective Date Debtor may ultimately attempt to remove from seeking the remand of such action under 28 U.S.C § 1452(b) at the appropriate time. 16. For the reasons set forth above, the Plan Administrator submits that extending the Current Removal Deadline through and including December 31, 2021 is necessary, prudent and in the best interests of the Post-Effective Date Debtor, its estate and creditors. NOTICE 17. The Plan Administrator will provide notice of this Motion to: (i) the U.S. Trustee; (ii) those creditors holding the largest unsecured claims against the Debtor’s estate (excluding insiders); (iii) all known parties to the Actions and their counsel, if known; and (iv) all parties who, as of the filing of this Motion, have requested notice in the Chapter 11 Case pursuant to Bankruptcy Rule 2002. The Plan Administrator submits that, in light of the nature of the relief requested, no other or further notice need be given. 8451586.2

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CONCLUSION WHEREFORE, the Plan Administrator respectfully requests that the Court enter the Proposed Order, granting the relief requested herein and such other relief as the Court deems appropriate under the circumstances. Dated: August 20, 2021 YOUNG CONAWAY STARGATT & TAYLOR, LLP Wilmington, Delaware /s/ Betsy L. Feldman Robert S. Brady (No. 2847) Robert F. Poppiti, Jr. (No. 5052) Betsy L. Feldman (No. 6410) 1000 North King Street Wilmington, Delaware 19801 Telephone: (302) 571-6600 Facsimile: (302) 571-1253 Emails: rbrady@ycst.com rpoppiti@ycst.com bfeldman@ycst.com Counsel to the Plan Administrator 8451586.2

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