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Full title: Motion for Final Decree and Order Closing the Post-Effective Date Debtors Chapter 11 Case and Terminating All Claims and Noticing Services Filed by Suitable Technologies, Inc.. 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 9/7/2021. (Attachments: # 1 Notice # 2 Exhibit A # 3 Exhibit B) (Feldman, Betsy) (Entered: 08/24/2021)

Document posted on Aug 23, 2021 in the bankruptcy, 9 pages and 0 tables.

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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 a final decree, substantially in the form attached hereto as Exhibit B (the “Proposed Final Decree”), pursuant to section 350(a) of title 11 of the United States Code (the “Bankruptcy Code”), Rule 3022 of the Federal Rules of Bankruptcy Pursuant to Local Rule 9013-1(f), 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.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.Hearing, the Chapter 11 Case will be “fully administered” within the meaning of section 350 of the Bankruptcy Code, making it appropriate for the Court to enter a final decree and order closing the case. d. there are no pending motions, contested matters or adversary proceedings in the Chapter 11 Case, other than the Outstanding Claim Objection and the Outstanding Removal Motion, which will be resolved no later than the September Hearing; e. upon entry of an order sustaining the Outstanding Claim Objection, all proofs of claim filed in the Chapter 11 Case have been, or will be, reconciled and, to the extent necessary, modified or disallowed; f. all allowed administrative expenses, including all U.S. Trustee fees due and owing to the U.S. Trustee pursuant to 28 U.S.C. § 1930 prior to the date hereof have been paid, and in the case of any U.S. Trustee fees that will be due and owing for the third quarter of 2021, such fees will be paid in accordance with the Proposed Final Decree; g. all distributions to Holders of Allowed Claims required to be made under the Plan have been made; and

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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 7, 2021 at 4:00 p.m. (ET) PLAN ADMINISTRATOR’S MOTION FOR ENTRY OF A FINAL DECREE AND ORDER CLOSING THE POST-EFFECTIVE DATE DEBTOR’S CHAPTER 11 CASE AND TERMINATING ALL CLAIMS AND NOTICING SERVICES 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 a final decree, substantially in the form attached hereto as Exhibit B (the “Proposed Final Decree”), pursuant to section 350(a) of title 11 of the United States Code (the “Bankruptcy Code”), Rule 3022 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), and Rule 3022-1 of the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware (the “Local Rules”), closing the Post-Effective Date Debtor’s chapter 11 case and terminating all claims and noticing services in connection with the case (the “Claims and Noticing Services”) of Donlin, Recano & Company, Inc. (“DRC”). In support of this Motion, the Plan Administrator respectfully states as follows: 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. 8478047.2

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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 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 Local Rule 9013-1(f), 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 section 350(a) of the Bankruptcy Code, Bankruptcy Rule 3022 and Local Rule 3022-1. 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 8478047.2

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Procedures Order”) establishing, among other things, certain bidding and auction procedures in 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] 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. Claims and Noticing Services 8. On February 27, 2020, the Court entered an order appointing DRC as the claims and noticing agent in the Chapter 11 Case [Docket No. 13] (the “DRC Retention Order”). 2 Capitalized terms used but not otherwise defined herein shall have the meaning ascribed to such terms in the Plan. 8478047.2

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Pursuant to the DRC Retention Order, DRC is authorized to maintain (i) all proofs of claim filed against the Debtor and (ii) an official claims register by docketing all proofs of claim in a claims database containing, inter alia, information regarding the name and address of each claimant, the date the proof of claim was received by DRC, the claim number assigned to the proof of claim, and the asserted amount and classification of the claim. C. Outstanding Claim Objection and Removal Motion 9. On August 20, 2021, the Plan Administrator filed the Plan Administrator’s Third (3rd) Omnibus (Non-Substantive) Objection to Claims Pursuant to Section 502 of the Bankruptcy Code, Bankruptcy Rule 3007 and Local Rule 3007-1 [Docket No. 485] (the “Outstanding Claim Objection”). Pursuant to the Outstanding Claim Objection, the Plan Administrator objected to two proofs of claim as amended and superseded claims. 10. That same day, the Plan Administrator also filed a motion [Docket No. 486] (the “Outstanding Removal Motion”) seeking to further extend the period within which the Post-Effective Date Debtor may remove actions pursuant to 28 U.S.C. § 1452. 11. In the unlikely event that the Plan Administrator receives any responses to the Outstanding Claim Objection or the Outstanding Removal Motion that cannot be consensually resolved, such matter will be heard and adjudicated at the same hearing at which this Motion is currently scheduled to be heard (the “September Hearing”). RELIEF REQUESTED 12. By this Motion, the Plan Administrator seeks, pursuant to section 350(a) of the Bankruptcy Code, Bankruptcy Rule 3022 and Local Rule 3022-1, entry of the Proposed Final Decree, closing the Chapter 11 Case. In connection with the entry of the Proposed Final Decree, the Plan Administrator is also requesting termination of the Claims and Noticing Services. 8478047.2

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BASIS FOR RELIEF A. Entry of a Final Decree and Order Closing the Chapter 11 Case 13. Section 350(a) of the Bankruptcy Code provides: “After an estate is fully administered and the court has discharged the trustee, the court shall close the case.” 11 U.S.C. § 350(a). Bankruptcy Rule 3022 provides: “After an estate is fully administered in a chapter 11 reorganization case, the court, on its own motion or on motion of a party in interest, shall enter a final decree closing the case.” In addition, Local Rule 3022-1(a) provides: Upon written motion, a party in interest may seek the entry of a final decree at any time after the confirmed plan has been fully administered provided that all required fees due under 28 U.S.C. § 1930 have been paid. Such motion shall include a proposed final decree order that (i) orders the closing of the case and (ii) identifies in the caption and in the body of the order the case name and the case number of each case to be closed under the order. 14. The term “fully administered” is not defined in the Bankruptcy Code, the Bankruptcy Rules or the Local Rules. The Advisory Committee Note to Bankruptcy Rule 3022 (the “Committee Note”), however, sets forth the following non-exclusive factors to be considered in determining whether a case has been fully administered: a. whether the order confirming the plan has become final; b. whether deposits required by the plan have been distributed; c. whether the property proposed by the plan to be transferred has been transferred; d. whether the debtor or the successor of the debtor under the plan has assumed the business or management of the property dealt with by the plan; e. whether payments under the plan have commenced; and f. whether all motions, contested matters and adversary proceedings have been finally resolved. 15. Courts in this district and others consider these factors as a guide in determining whether a case has been fully administered. See In re SLI, Inc., No. 02-12608, 2005 8478047.2

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WL 1668396, at *2 (Bankr. D. Del. June 24, 2005); see also In re JCP Props., Ltd., 540 B.R. 596, 606 (Bankr. S.D. Tex. 2015) (internal quotations and citations omitted) (observing that factors (3)-(5) correspond “to whether substantial consummation of the chapter 11 plan has been achieved); In re Kliegl Bros. Universal Elec. Stage Lighting Co., Inc., 238 B.R. 531, 541-42 (Bankr. E.D.N.Y. 1999). “[A]ll of the factors in the Committee Note need not be present before the Court will enter a final decree.” Walnut Assocs. v. Saidel, 164 B.R 487, 493 (E.D. Pa. 1994) (citing In re Mold Makers, Inc., 124 B.R. 766, 768-69 (Bankr. N.D. Ill. 1990)). 16. As of the September Hearing, the Chapter 11 Case will be “fully administered” within the meaning of section 350 of the Bankruptcy Code, making it appropriate for the Court to enter a final decree and order closing the case. In particular: a. the Confirmation Order has become final and is non-appealable; c. the Effective Date has occurred; d. there are no pending motions, contested matters or adversary proceedings in the Chapter 11 Case, other than the Outstanding Claim Objection and the Outstanding Removal Motion, which will be resolved no later than the September Hearing; e. upon entry of an order sustaining the Outstanding Claim Objection, all proofs of claim filed in the Chapter 11 Case have been, or will be, reconciled and, to the extent necessary, modified or disallowed; f. all allowed administrative expenses, including all U.S. Trustee fees due and owing to the U.S. Trustee pursuant to 28 U.S.C. § 1930 prior to the date hereof have been paid, and in the case of any U.S. Trustee fees that will be due and owing for the third quarter of 2021, such fees will be paid in accordance with the Proposed Final Decree; g. all distributions to Holders of Allowed Claims required to be made under the Plan have been made; and h. the Plan has been substantially consummated within the meaning of section 1101(2) of the Bankruptcy Code. 8478047.2

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17. Moreover, “[t]he court should not keep [a] case open only because of the possibility that the court’s jurisdiction may be invoked in the future.” Fed. R. Bankr. P. 3022, Advisory Comm. Note (1991). Furthermore, the entry of a final decree closing the Chapter 11 Case will (a) be without prejudice to creditors’ rights to petition the Court to reopen the Chapter 11 Case pursuant to section 350(b) of the Bankruptcy Code and (b) stop the accrual of unnecessary administrative expenses. B. Termination of Claims and Noticing Agent 18. The Plan Administrator also requests entry of an order terminating the Claims and Noticing Services. Upon termination of the Claims and Noticing Services, and except as otherwise provided in the Proposed Final Decree and in the Local Rules, DRC shall have no further obligations under the DRC Retention Order to the Court, the Plan Administrator, or any other party in interest with respect to such services. 19. Pursuant to Local Rule 2002-1(f)(ix), within twenty-eight (28) days of entry of the Proposed Final Decree, DRC shall (a) forward to the Clerk of the Court an electronic version of all imaged claims, (b) upload the creditor mailing list into CM/ECF, and (c) docket a final claims register for this chapter 11 case. DRC shall also box and deliver all original claims to the Philadelphia Federal Records Center, 14470 Townsend Road, Philadelphia, Pennsylvania 19154 and docket a completed SF-135 Form indicating the accession and location numbers of the archived claims. 20. Should DRC receive any mail regarding the Chapter 11 Case after entry of the Proposed Final Decree, DRC shall collect and forward such mail no less frequently than monthly to the Plan Administrator. 8478047.2

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21. The Plan Administrator submits that his request to terminate the Claims and Noticing Services on the terms described in this Motion and provided for in the Proposed Final Decree complies with the Local Rules, is otherwise appropriate under the circumstances, and should therefore be approved. FINAL REPORT 22. The final report required by Local Rule 3022-1(c) is attached hereto as Exhibit A. NOTICE 23. 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); and (iii) 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. [Remainder of page intentionally left blank] 8478047.2

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CONCLUSION WHEREFORE, for the reasons set forth herein, the Plan Administrator respectfully requests that the Court enter the Proposed Final Decree granting the relief requested herein, and such other and further relief as the Court deems appropriate. Dated: August 24, 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 8478047.2

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