Full title: Declaration of Lawrence R. Perkins in support of Declaration of Lawrence R. Perkins in support of the Motion of Debtors Pursuant to 11 U.S.C. §§ 105(a) and 107(b) for Entry of an Order Authorizing the Debtors to File Documents Under Seal (RE: related document(s)1025 Motion to File a Document Under Seal). Filed by Debtor Wave Computing, Inc. (Miller, Jeri) (Entered: 01/09/2021)
Document posted on Jan 8, 2021 in the bankruptcy, 3 pages and 0 tables.
Bankrupt11 Summary (Automatically Generated)
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26 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s federal identification number, as applicable, are: Wave Computing, Inc., MIPS Tech, Inc., Hellosoft, I27 Wave Computing (UK) Limited, Imagination Technologies, Inc., Caustic Graphics, Inc., and M
I am the Chief Executive Officer at SierraConstellation Partners (“SCP”) and the C2
Restructuring Officer to Wave Computing, Inc. and its affiliated debtors and debtors in possessio3
the above-captioned chapter 11 cases (collectively, the “Debtors”).The statements in this Declaration are, except as otherwise indicated, based on 7
personal knowledge or views, on information that I have obtained from the Debtors and their ot8
advisors or from the Debtors’ books and records, and from information obtained from SCP person9
working directly with me and under my supervision.[Docket No. 1016]; (iii) Declaration of Don S20
in Support of Debtors’ Replies to CIP United Co. Ltd. and Prestige Century Investments Limi21
Architecture and C23
Technology Schedule for Licensed MIPS Technology, the MIPS Technology Schedule for Licens24
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SIDLEY AUSTIN LLP
1 Samuel A. Newman (SBN 217042)
(sam.newman@sidley.com)
2 Genevieve G. Weiner (SBN 254272)
(gweiner@sidley.com)
3 Julia Philips Roth (SBN 324987)
(julia.roth@sidley.com)
4 555 West Fifth Street
Los Angeles, CA 90013
5 Telephone: 213.896.6000
Facsimile: 213.896.6600
6
SIDLEY AUSTIN LLP
7 Charles M. Persons (admitted pro hac vice)
(cpersons@sidley.com)
8 Juliana Hoffman (admitted pro hac vice)
(jhoffman@sidley.com)
9 Jeri Leigh Miller (admitted pro hac vice)
(jeri.miller@sidley.com)
10 2021 McKinney Avenue
Suite 2000
11 Dallas, TX 75201
Telephone: 214.981.3300
12 Facsimile: 214.981.3400
13 Attorneys for Debtors and Debtors in
Possession
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UNITED STATES BANKRUPTCY COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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In re: ) Case No. 20-50682 (MEH)
)
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WAVE COMPUTING, INC., et al., ) Chapter 11 (Jointly Administered) 19 )
Debtors.1 ) DECLARATION OF LAWRENCE R.
20 ) PERKINS IN SUPPORT OF THE
) MOTION OF DEBTORS PURSUANT T
21 ) 11 U.S.C. §§ 105(a) AND 107(b) FOR
ENTRY OF AN ORDER AUTHORIZIN
)
22 THE DEBTORS TO FILE DOCUMENT
)
UNDER SEAL
)
23
)
[No Hearing Requested]
)
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)
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26 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s federal identification number, as applicable, are: Wave Computing, Inc., MIPS Tech, Inc., Hellosoft, I27 Wave Computing (UK) Limited, Imagination Technologies, Inc., Caustic Graphics, Inc., and M
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I, Lawrence R. Perkins, being duly sworn, state the following under penalty of perjury:
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1. I am the Chief Executive Officer at SierraConstellation Partners (“SCP”) and the C2
Restructuring Officer to Wave Computing, Inc. and its affiliated debtors and debtors in possessio3
the above-captioned chapter 11 cases (collectively, the “Debtors”). I have over 18 years4
management consulting and advisory experience with distressed companies or companies undergo5
transition and have served as a financial advisor to the Debtors since April 2020.
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2. The statements in this Declaration are, except as otherwise indicated, based on 7
personal knowledge or views, on information that I have obtained from the Debtors and their ot8
advisors or from the Debtors’ books and records, and from information obtained from SCP person9
working directly with me and under my supervision. I am not being specifically compensated for t10
testimony other than through payments to be received by SCP for my role as the Debtors’ C11
Restructuring Officer. I am over the age of 18 years and am authorized to submit this Declaration12
I were called upon to testify, I could and would competently testify to the facts set forth herein.
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3. This Declaration is submitted in support of the Motion of Debtors Pursuant to 11 U.S14
§ 105(a) and 107(b) for Entry of an Order Authorizing the Debtors to File Documents Under S15
(the “Motion to Seal”), filed concurrently herewith. The Motion to Seal seeks entry of an or16
authorizing the sealing of the (i) Debtors’ Reply to the Objection of CIP United Co. Ltd.
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Assumption Cure Amounts and Assurances of Adequate Performance [Docket No. 1015]; (ii) Debt18
Omnibus Reply to the Responses of CIP United Co. Ltd. and Prestige Century Investments Limite19
Objections to Proofs of Claim Nos. 56, 57, 58, & 59 [Docket No. 1016]; (iii) Declaration of Don S20
in Support of Debtors’ Replies to CIP United Co. Ltd. and Prestige Century Investments Limi21
[Docket No. 1017]; and (iv) the license agreement documents, including the Master Technol22
License Agreement for MIPS Architecture and MIPS Cores, the MIPS Architecture and C23
Technology Schedule for Licensed MIPS Technology, the MIPS Technology Schedule for Licens24
MIPS Architecture Compatible Cores and Sublicensing Licensed MIPS Cores, and each of 25
amendments and amendments and restatements relating thereto (collectively, the “Sea26
Documents”).
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4. It is my belief that the Sealed Documents contain confidential commercial informat1
regarding the provision of certain products, services, and other licensed technology. It is further 2
understanding that the License Agreements referenced in the Sealed Documents are also governed3
a confidentiality provision that requires each party to hold as confidential that terms of the Lice4
Agreements.2
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5. It is my belief that public disclosure of the confidential commercial information contai6
in the License Agreements could disrupt the Debtors’ future licensing negotiations and ca7
compensable harm to CIP and/or Prestige. Additionally, it is my understanding that disclosure wo8
violate the terms of the confidentiality provision in the License Agreements, creating a potential ca9
of action that could be levied against MIPS and reduce creditor recoveries in these Chapter 11 Ca10
6. As such, it is my belief that protecting the confidential commercial information contai11
in the CIP Claim Objection is in the best interests of the Debtors, their estates, their creditors, and12
other parties in interest.
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Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that, after reasonable 14
inquiry, the foregoing is true and correct to the best of my knowledge, information, and belief.
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Executed this 9th day of January, 2021
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/s/ Lawrence R. Perkins
Lawrence R. Perkins, Chief Executive Officer
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SierraConstellation Partners LLC
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Chief Restructuring Officer for Debtors and
22 Debtors in Possession
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2 Capitalized terms used herein have the meanings set forth in the Motion to Seal, unless otherwis27