Full title: Withdrawal of Documents Notice of Withdrawal of Debtors' Conditional Sale Motion (RE: related document(s)1055 Motion to Sell Property Free and Clear Under 363(f)). Filed by Debtor Wave Computing, Inc. (Philips Roth, Julia) (Entered: 03/03/2021)
Document posted on Mar 2, 2021 in the bankruptcy, 2 pages and 0 tables.
Bankrupt11 Summary (Automatically Generated)
The post-effective date debtors (the “Reorganized Debtors”) in these chapter 11 cases are WComputing, Inc., MIPS Tech, Inc., Hellosoft, Inc., Wave Computing (UK) Limited, Imaginat27
Technologies, Inc., Caustic Graphics, Inc., and MIPS Tech, LLC.The Reorganized Debtors’ mail
TRUSTEE, THE DEBTORS AND ALL INTERESTED PARTIES:
2
PLEASE TAKE NOTICE that on January 15, 2021, the pre-effective date Debtors filed
3
Motion for Entry of an Order Conditionally (I) Authorizing the Sale of the Assets of the Debtors F4
and Clear of All Liens, Claims, Encumbrances, and Other Interests, (II) Approving the Stalking Ho
5
Agreement, (III) Authorizing The Assumption and Assignment of Executory Contracts and Unexpi
[Docket No. 1055] (the “Conditional Sale Motion”)2 seek7
conditional authorization to sell substantially all of the Debtors’ assets if, and only if, the effect8
date (the “Effective Date”) of the Debtors’ joint chapter 11 plan of reorganization (the “Plan”) eit9
could not or did not occur by a certain outside date (the “Plan Termination Date”).Hammond, United States Bankruptcy Judge of the United States Bankruptcy Court for the North12
District of California (the “Court”) entered the Corrected Order Confirming the Sixth Amended J13
17
PLEASE TAKE FURTHER NOTICE that, in light of this occurrence of the Effective D18
the Reorganized Debtors shall withdraw the Conditional Sale Motion and respectfully request that 19
Court remove from its calendar the hearing to consider such Conditional Sale Motion.
Page 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
14
UNITED STATES BANKRUPTCY COURT
15
NORTHERN DISTRICT OF CALIFORNIA
16
SAN JOSE DIVISION
17
18
In re: ) Case No. 20-50682 (MEH)
)
19
WAVE COMPUTING, INC., et al., ) Chapter 11 (Jointly Administered) )
20 NOTICE OF WITHDRAWAL OF
Reorganized Debtors.1 )
DEBTORS’ CONDITIONAL SALE
21 ) MOTION
)
Related to Docket No. 1055
22 )
)
23
24
25
26
1 The post-effective date debtors (the “Reorganized Debtors”) in these chapter 11 cases are WComputing, Inc., MIPS Tech, Inc., Hellosoft, Inc., Wave Computing (UK) Limited, Imaginat27
Technologies, Inc., Caustic Graphics, Inc., and MIPS Tech, LLC. The Reorganized Debtors’ mail
Page 2
TRUSTEE, THE DEBTORS AND ALL INTERESTED PARTIES:
2
PLEASE TAKE NOTICE that on January 15, 2021, the pre-effective date Debtors filed
3
Motion for Entry of an Order Conditionally (I) Authorizing the Sale of the Assets of the Debtors F4
and Clear of All Liens, Claims, Encumbrances, and Other Interests, (II) Approving the Stalking Ho
5
Agreement, (III) Authorizing The Assumption and Assignment of Executory Contracts and Unexpi
6
Leases and (IV) Granting Related Relief [Docket No. 1055] (the “Conditional Sale Motion”)2 seek7
conditional authorization to sell substantially all of the Debtors’ assets if, and only if, the effect8
date (the “Effective Date”) of the Debtors’ joint chapter 11 plan of reorganization (the “Plan”) eit9
could not or did not occur by a certain outside date (the “Plan Termination Date”).
10
PLEASE TAKE FURTHER NOTICE that on February 16, 2021, the Honorable 11
Hammond, United States Bankruptcy Judge of the United States Bankruptcy Court for the North12
District of California (the “Court”) entered the Corrected Order Confirming the Sixth Amended J13
Chapter 11 Plan of Reorganization of Wave Computing, Inc. and Its Debtor Affili14
[Docket No. 1172] confirming the Debtors’ sixth amended Plan [Docket No. 1129].
15
PLEASE TAKE FURTHER NOTICE that the Effective Date of the Plan occurred 16
February 26, 2021, prior to the Plan Termination Date.
17
PLEASE TAKE FURTHER NOTICE that, in light of this occurrence of the Effective D18
the Reorganized Debtors shall withdraw the Conditional Sale Motion and respectfully request that 19
Court remove from its calendar the hearing to consider such Conditional Sale Motion.
20
21
Dated: March 3, 2021 Respectfully submitted, 22
SIDLEY AUSTIN LLP
23
/s/ Julia Philips Roth
24 Samuel A. Newman
Julia Philips Roth
25
Attorneys for Debtors and
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Debtors in Possession
27
2