Full title: Notice of Assumption of Certain Unexpired Leases filed by Other Party TPS Group Holdings LLC (Mattera, Alex) (Entered: 01/08/2021)
Document posted on Jan 7, 2021 in the bankruptcy, 6 pages and 0 tables.
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MASSACHUSETTS
------------------------------------------------------------ x In re: : Chapter 11
TPS Oldco, LLC, et al.,1 : Case No. 20-40743 (CJP)
Debtors. : (Jointly Administered)
SECOND NOTICE OF ASSUMPTION OF CERTAIN UNEXPIRED LEASES
DEFERRED LEASE COUNTERPARTIES RECEIVING THIS NOTICE SHOULD LOCATE THEIR NAMES AND THEIR DEFERRED LEASES ON EXHIBIT 1 ATTACHED HERETO AND READ THE CONTENTS OF THIS NOTICE CAREFULLY.
PLEASE TAKE NOTICE THAT, on September 1, 2020, the Court entered an Order Granting Expedited Motion Of Debtors For The Entry Of An Order (A) Authorizing And Approving The Sale Of Substantially All Of The Assets Of The Debtors Free And Clear Of All Liens, Claims And Encumbrances; (B) Approving Auction Sale Timing And Format, Bidding Procedures, And Certain Bid Protections In The Event A Stalking Horse Bidder Is Designated By The Debtors; (C) Approving Form Of Notice To Be Provided To Interested Parties; And (D) Approving Procedures Related To The Assumption And Assignment Of Certain Executory Contracts And Unexpired Leases [Docket No. 367] (the “Sale Order”),2 approving, among other things, procedures for the rejection, assumption, or assumption and assignment of Pending Contracts and Deferred Leases.
1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification number, are TPS Oldco, LLC (2442) and TPS Holdings, LLC (9193). The Debtors’ corporate headquarters and service address is 20 Main Street, Acton, MA 01720.
2 Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to them in the Sale Order.
PLEASE TAKE FURTHER NOTICE that, pursuant to the Sale Order, by this notice (this “Assumption Notice”), the Buyer hereby provides notice that each Deferred Lease set forth on Exhibit 1 attached hereto is hereby assumed and assigned to the Buyer, subject to such additional terms and conditions as may be agreed between the Buyer and the respective Deferred Lease counterparty, effective as of the date of the Closing, pursuant to the terms and conditions of the Sale Order.
PLEASE TAKE FURTHER NOTICE that parties seeking to object to the proposed assumption of any of the Deferred Lease(s) set forth in Exhibit 1 must file and serve a written objection so that such objection is filed with the Court on the docket of the Debtors’ chapter 11 cases and is actually received by the following parties no later than seven (7) days after the date that the Buyer serves this Assumption Notice: (i) the Debtors: 20 Main Street, Acton, MA 01720, Attn: Don Van der Wiel (DVanderwiel@g2cap.com); (ii) counsel for the Debtors: Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., One Financial Center, Boston, MA 02111, Attn: Paul J.
Ricotta, Esq. (firstname.lastname@example.org), Kevin J. Walsh, Esq. (email@example.com), Timothy J.
McKeon, Esq. (firstname.lastname@example.org), and Kaitlin R. Walsh, Esq. (email@example.com); (iii) counsel for the Buyer: Latham & Watkins LLP, 885 Third Avenue, New York, NY 10022-4834, Attn: Adam J. Goldberg, Esq. (Adam.Goldberg@lw.com), Christopher J. Kochman, Esq.
(firstname.lastname@example.org); and (iv) Hill Ward Henderson, 3700 Bank of America Plaza, 101 East Kennedy Boulevard, Tampa, FL 33602, Attn: Nicholas Outman, Esq.
(email@example.com), Patrick Mosley, Esq. (firstname.lastname@example.org).
PLEASE TAKE FURTHER NOTICE that, if an objection is not timely filed, each Deferred Lease set forth on Exhibit 1 attached hereto will be deemed assumed without further order of the Court. If an objection is timely filed, the assumption as to such Deferred Lease will
be determined by further order of the Court or written agreement of the Buyer and the Deferred Lease counterparty that filed and timely served such objection.3 If an objection to the assumption of any Deferred Lease is timely filed and not withdrawn or resolved, the Debtors shall file a notice for a hearing to consider such objection.
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3 An objection to the assumption of any particular Deferred Lease listed in this Assumption Notice shall not constitute an objection to the assumption of any other Deferred Lease listed in this Assumption Notice. Any objection to the assumption of any particular Deferred Lease listed in this Assumption Notice must state with specificity the Deferred Lease to which it is directed. For each particular Deferred Lease whose assumption is not timely or properly objected to, such assumption will be effective in accordance with this Assumption Notice.
Dated: January 8, 2021 By its attorneys,
/s/ Alex F. Mattera
Alex F. Mattera, BBO No. 641760
Pierce Atwood LLP
100 Summer Street, 22nd Floor
Boston, MA 02110
Telephone: (617) 488-8112
LATHAM & WATKINS LLP
Adam J. Goldberg (admitted pro hac vice)
Christopher J. Kochman (admitted pro hac vice)
885 Third Avenue
New York, New York 10022
Telephone: (212) 906-1200
Facsimile: (212) 751-4864
Co-Counsel to the Buyer
Assumed Deferred Leases
estford, MA Westford Valley Marketplace 160 Littleton Road, Store #12 Westford MA 01886 Westford Valley Market Place, Inc C/O The Wilder Copmanies Ltd 800 Boylston St Suite 1300 Boston, MA 02199pping, NH Brickyard Square 11 Brickyard Square, Ste 3 Epping NH 03042 Waterstone Retail Epping, LLCortland, ME The Maine Mall 364 Maine Mall Road, Space E-137 South Portland ME 04106 GGP-Maine Mall LLC 7846 Solution Center Chicago, IL 60677ilford, CT Milford Marketplace 1660 Boston Post Road, Unit A-13 Milford CT 06460 Inland National Real Estate Servicesaramus, NJ Paramus Park 1378 Paramus Park Paramus NJ 07652 Paramus Park Shopping Center LP c/o Paramus Park 250 N. Orleans St. Suite 300 Chicago, IL 60654laistow, NH Pentucket Shopping Center 58 Plaistow Road, STE B3 Plaistow NH 03865 Inland Commercial Estate Servicesashua, NH Royal Ridge Center 213 Daniel Webster Highway # 5 Nashua NH 03060 Demoulas Super Markets Inc. 2 Seaport Lane Boston, MA 02210akefield, RI Wakefield Mall 160 Old Tower Hill Rd, Suite 12 Wakefield RI 02879-3731 Wakefield Mall, LLC Charles River Towers 151 Coolidge Ave Unit 104 Watertown, MA 02472ochester, NH The Ridge Marketplace 120 Marketplace BLVD Rochester NH 03867 Waterstone Rochester, LLC