HTML Document View

Full title: Affidavit of Service filed by Epiq Corporate Restructuring, LLC (related document(s)[9], [13], [12], [3], [17], [28], [15], [16], [2], [10], [4], [8], [24], [11], [18], [7], [5]). (Garabato, Sid)

Document posted on Aug 16, 2021 in the bankruptcy, 42 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Winter Harbor Retention, Cowen Retention, Berwyn Retention, Epiq Retention, Schedule Extension Motion, Tax Motion, Utilities Motion, Cash Management Motion, Obermayer Retention, Insurance Motion with Slip-Sheet, Wage Motion, Combined DIP & Cash Collateral Motion, Magner Declaration, Meyers Declaration, Expedited Consideration Application, Expedited Consideration Order and OCP Motion to be enclosed securely in separate postage pre-paid envelopes and delivered via overnight mail to those parties listed on the annexed Exhibit B, ii.Winter Harbor Retention, Cowen Retention, Berwyn Retention, Epiq Retention, Schedule Extension Motion, Tax Motion, Utilities Motion, Cash Management Motion, Obermayer Retention, Insurance Motion with Slip-Sheet, Wage Motion, Combined DIP & Cash Collateral Motion, Magner Declaration, Meyers Declaration, Expedited Consideration Application, Expedited Consideration Order and OCP Motion to be delivered via electronic mail to those parties listed on the annexed Exhibit I, ix.NETHERHARD ROAD MISSISSAUGA ON L5T 1B7 CANADATYA, INC ATTN: JASON POTTS 4639 VAN EPPS RD BROOKLYN HEIGHTS OH 44131Y POWER INVESTMENT CO, LLC ATTN:PHILADELPHIA PA 19136E OF THE UNITED STATES TRUSTEE ONE NEWARK CENTER 1085 RAYMOND BOULEVARD, SUITE 2100 NEWARK NJ 07102E OF THE US ATTORNEY GENERAL U.S. DEPARTMENT OF JUSTICE ATTN: MATTHEW G. WHITAKER 950 PENNSYLVANIA AVENUN.W. WASHINGTON DC 20530-0001 . & G. ATTN: RALPH IZZO 150NJ 08901 R & BRAUNSTEIN LLP (COUNSEL TO SECURED LENDER TIGER FINANCE, LLC) ATTN: ANTHONY B. STUMBO, ESQTIMES SQUARE TOWER SEVEN TIMES SQUARE, SUITE 2506 NEW YORK NY 10036Y INSURANCE ATTN: PETER G. MCPARTLAND 1800 NORTH POINT DRIVE STEVENS POINT WI 54481EASTERN EXTRUSION TOOL ATTN:

List of Tables

Document Contents

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY
Table 1 on page 1. Back to List of Tables
In re:

ALUMINUM SHAPES, L.L.C.,

Debtor.
Chapter 11

Case No. 21-16520 (JNP)


Ref. Docket nos. 2-5, 7–13, 15–18, 24, and 28
AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) DIANE STREANY, being duly sworn, deposes and says: 1. I am employed as a Senior Case Manager by Epiq Corporate Restructuring, LLC, located at 777 Third Avenue, New York, New York 10017. I am over the age of eighteen years and am not a party to the above-captioned action. 2. On August 16, 2021, I caused to be served the following: a. “Application for Retention of Professional,” dated August 15, 2021 [Docket No. 2], (the “Winter Harbor Retention”), b. “Application for Retention of Professional,” dated August 15, 2021 [Docket No. 3], (the “Cowen Retention”), c. “Application for Retention of Professional,” dated August 15, 2021 [Docket No. 4], (the “Berwyn Retention”), d. “Application for Retention of Professional,” dated August 15, 2021 [Docket No. 5], (the “Epiq Retention”), e. “Debtor’s Motion Pursuant to 11 U.S.C. §§ 105(a) and 521(a) and Fed. R. Bankr. P. 1007(c) for Entry of an Order Extending the Time to File its Schedules of Assets and Liabilities and Statements of Financial Affairs,” dated August 15, 2021 [Docket No. 7], (the “Schedule Extension Motion”), f. “Debtor’s Motion Pursuant to 11 U.S.C. §§ 105(a), 363(b), 506(b), 507(a), and 541 for Entry of an Order Authorizing, but not Directing, the Debtor to Make Post-Petition Payments and Disbursements with Respect to Certain Prepetition Taxes,” dated August 15, 2021, [Docket No. 8], (the “Tax Motion”),

1

g. “Debtor’s Motion Pursuant to 11 U.S.C. §§ 105 and 366 Prohibiting Utilities from Altering, Refusing, or Discontinuing Services on Account of Prepetition Claims, Establishing Procedures for Determining Requests for Additional Adequate Assurance and for Related Relief,” dated August 15, 2021 [Docket No. 9], (the “Utilities Motion”), h. “Debtor’s Motion Pursuant to 11 U.S.C. §§ 105 and 363 Authorizing the Debtor to Continue Using Existing Bank Accounts and Business Forms and for Related Relief,” dated August 15, 2021 [Docket No. 10], (the “Cash Management Motion”), i. “Application for Retention of Professional,” dated August 15, 2021 [Docket No. 11], (the “Obermayer Retention”), j. “Debtor’s Motion Pursuant to 11 U.S.C. §§ 105(a), 363(b), and 503(b) for Authority to (I) Maintain, Renew and Continue Insurance Policies and Programs and (II) Honor all Insurance Obligations,” dated August 15, 2021 [related to Docket No. 12], annexed hereto as Exhibit A, (the “Insurance Motion with Slip-Sheet,”) k. “Motion of Aluminum Shapes, L.L.C. for Entry of an Order Pursuant to 11 U.S.C. §§ 105(a), 363 and 507(a) for Authority to (I) Pay Certain Prepetition Wages, Salaries and Reimbursable Employee Expenses; (II) Pay and Honor Employee Medical and Other Benefits; (III) Continue Employee Benefit Programs; and (IV) for Related Relief,” dated August 15, 2021 [Docket No. 13], (the “Wage Motion”), l. “Combined Motion of Aluminum Shapes, L.L.C. for the Entry of an Order Granting (A) Authority to Obtain Post-Petition Financing, (B) Liens and Super Priority Administrative Expense Status Pursuant to 11 U.S.C. §§ 364(c)(1), (2) and (3) and 364(d)(1), (C) Relief from the Automatic Stay (D) Authority to Enter into Agreements with Tiger Finance, LLC, (E) Authorization to Use Cash Collateral Pursuant to 11 U.S.C. §§ 361 and 363, Bankruptcy Rule 4001 and D.N.J. LBR 4001-4 and to Provide Adequate Protection to Parties with an Interest in Cash Collateral and (F) Related Relief,” dated August 15, 2021 [Docket No. 15], (the “Combined DIP & Cash Collateral Motion”), m. “Declaration of Justin Magner of Cowen and Company, LLC in Support of Combined Motion of Aluminum Shapes, L.L.C. for the Entry of an Order Granting (A) Authority to Obtain Post-Petition Financing, (B) Liens and Super Priority Administrative Expense Status Pursuant to 11 U.S.C. §§ 364(c)(1), (2) and (3) and 364(d)(1), (C) Relief from the Automatic Stay (D) Authority to Enter into Agreements with Tiger Finance, LLC, (E) Authorization to Use Cash Collateral Pursuant to 11 U.S.C. §§ 361 and 363, Bankruptcy Rule 4001 and D.N.J. LBR 4001-4 and to Provide Adequate Protection to Parties with an Interest in Cash Collateral and (F) Related Relief,” dated August 15, 2021 [Docket No. 16], (the “Magner Declaration”), n. “Declaration of Jordan Meyers in Support of Debtor’s Chapter 11 Petition and First Day Motions,” dated August 15, 2021 [Docket No. 17], (the “Meyers Declaration”), o. “Debtor’s Application for Expedited Consideration of First Day Matters,” dated August 15, 2021 [Docket No. 18], (the “Expedited Consideration Application”),

2

p. “Order Regarding Debtor’s Application for Expedited Consideration of First Day Motions,” dated August 16, 2021 [Docket No. 24], (the “Expedited Consideration Order”), and q. “Notice of Debtor’s Motion Pursuant to 11 U.S.C. §§ 105(a), 327, and 330 for Authority to Employ Professionals used in the Ordinary Course of Business Nunc Pro Tunc to the Petition Date”, dated August 16, 2021 [Docket No. 28], (the “OCP Motion”), by causing true and correct copies of the: i. Winter Harbor Retention, Cowen Retention, Berwyn Retention, Epiq Retention, Schedule Extension Motion, Tax Motion, Utilities Motion, Cash Management Motion, Obermayer Retention, Insurance Motion with Slip-Sheet, Wage Motion, Combined DIP & Cash Collateral Motion, Magner Declaration, Meyers Declaration, Expedited Consideration Application, Expedited Consideration Order and OCP Motion to be enclosed securely in separate postage pre-paid envelopes and delivered via overnight mail to those parties listed on the annexed Exhibit B, ii. Cash Management Motion and Combined DIP & Cash Collateral Motion to be enclosed securely in separate postage pre-paid envelopes and delivered via overnight mail to those parties listed on the annexed Exhibit C, iii. Insurance Motion with Slip-Sheet to be enclosed securely in separate postage pre-paid envelopes and delivered via overnight mail to those parties listed on the annexed Exhibit D, iv. Tax Motion to be enclosed securely in a separate postage pre-paid envelope and delivered via overnight mail to the party listed on the annexed Exhibit E, v. Utilities Motion to be enclosed securely in separate postage pre-paid envelopes and delivered via overnight mail to those parties listed on the annexed Exhibit F, vi. Combined DIP & Cash Collateral Motion to be enclosed securely in separate postage pre-paid envelopes and delivered via overnight mail to those parties listed on the annexed Exhibit G, vii. OCP Motion to be enclosed securely in separate postage pre-paid envelopes and delivered via overnight mail to those parties listed on the annexed Exhibit H, viii. Winter Harbor Retention, Cowen Retention, Berwyn Retention, Epiq Retention, Schedule Extension Motion, Tax Motion, Utilities Motion, Cash Management Motion, Obermayer Retention, Insurance Motion with Slip-Sheet, Wage Motion, Combined DIP & Cash Collateral Motion, Magner Declaration, Meyers Declaration, Expedited Consideration Application, Expedited Consideration Order and OCP Motion to be delivered via electronic mail to those parties listed on the annexed Exhibit I,

3

ix. Cash Management Motion and Combined DIP & Cash Collateral Motion to be delivered via electronic mail to the party listed on the annexed Exhibit J, x. Insurance Motion with Slip-Sheet to be delivered via electronic mail to those parties listed on the annexed Exhibit K, xi. Tax Motion to be delivered via electronic mail to the party listed on the annexed Exhibit L, xii. Utilities Motion to be delivered via electronic mail to those parties listed on the annexed Exhibit M, xiii. Combined DIP & Cash Collateral Motion to be delivered via electronic mail to those parties listed on the annexed Exhibit N, and xiv. OCP Motion to be delivered via electronic mail to: mhorn@salawus.com. 3. All envelopes utilized in the service of the foregoing contained the following legend: “LEGAL DOCUMENTS ENCLOSED. PLEASE DIRECT TO THE ATTENTION OF ADDRESSEE, PRESIDENT OR LEGAL DEPARTMENT.” /s/ Diane Streany Diane Streany Sworn to before me this 17th day of August, 2021 /s/ Cassandra Murray Notary Public, State of New York No. 01MU6220179 Qualified in Queens County Commission Expires April 12, 2022

4

EXHIBIT A

5

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR 9004-1(b) OBERMAYER REBMANN MAXWELL & HIPPEL LLP Edmond M. George, Esquire Michael D. Vagnoni, Esquire (pro hac vice pending) Turner Falk, Esquire 1120 Route 73, Suite 420 Mount Laurel, NJ 08054-5108 Telephone: (856) 795-3300 Facsimile: (856) 482-0504 E-mail: edmond.george@obermayer.com michael.vagnoni@obermayer.com turner.falk@obermayer.com Proposed Counsel to the Debtor and Debtor in Possession In re: Chapter 11 ALUMINUM SHAPES, L.L.C., Case No. 21- _______ - ( ) Debtor. DEBTOR’S MOTION PURSUANT TO 11 U.S.C. §§ 105(a), 363(b), AND 503(b) FOR AUTHORITY TO (I) MAINTAIN, RENEW AND CONTINUE INSURANCE POLICIES AND PROGRAMS AND (II) HONOR ALL INSURANCE OBLIGATIONS Aluminum Shapes, L.L.C. (the “Debtor”), by and through its undersigned proposed counsel, hereby moves this Court for an order authorizing, but not directing, the Debtor to maintain, renew and continue its insurance policies and programs and honor all insurance obligations (the “Motion”), and represents as follows: JURISDICTION 1. This Court has jurisdiction over this Motion under 28 U.S.C. §1334, which is a core proceeding within the meaning of 28 U.S.C. §157(b)(2). Venue of this proceeding is proper pursuant to 28 U.S.C. §§ 1408 and 1409.

6

2. The statutory predicates for the relief requested herein are sections 105(a), 363(b), 507(a), and 541 of the United States Bankruptcy Code, 11 U.S.C. §§ 101 et seq. (as amended, the “Bankruptcy Code”). BACKGROUND 3. On August 15, 2021 (the “Petition Date”), the Debtor filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code (the “Chapter 11 Case”) in the United States Bankruptcy Court for the District of New Jersey, Camden Vicinage (the “Court”). 4. The Debtor continues to operate its business as debtor in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. 5. No request has been made for the appointment of a trustee or examiner, and no official committee of unsecured creditors has been established in this case. 6. Information regarding the Debtor’s business, capital structure, and the circumstances leading to the commencement of the Chapter 11 Case is set forth in the Declaration of Jordan Meyers in Support of Debtor’s Chapter 11 Petition and First Day Motions, sworn to on the date hereof (the “First Day Declaration”), which has been filed with the Court contemporaneously herewith.1 7. In summary, the Debtor is an industry leader in the fabrication, processing, and extruding of aluminum metals for use in, inter alia, the swimming pool, trucking, trailer, and outdoor storage industries (the “Business”). See First Day Declaration. The Debtor operates its Business out of a single facility located at 9000 River Road, Delair, New Jersey, consisting of approximately 500,000 square feet, including a cast house, foundry, and processing area. 1 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the First Day Declaration.

7

8. The Debtor employs approximately 111 employees and a number of sophisticated Managers appropriate for a large manufacturing business that purchases inventory and ships products internationally. THE INSURANCE POLICIES 9. In connection with the operation of the Debtor’s Business, the Debtor maintains various insurance policies and workers’ compensation programs (as renewed, amended, modified, endorsed, and/or supplemented from time to time, and including any exhibit or addenda thereto, collectively, the “Insurance Policies and Programs” and all insurance premiums, assessments, service providers’ fees or broker’s fees and other obligations related thereto, including any taxes or other fees, collectively, the “Insurance Obligations”) through several different insurance carriers (the “Insurance Carriers”). A list of the Debtor’s Insurance Policies and Programs by Insurance Carrier and coverage type is attached as Exhibit A. 10. The Insurance Policies and Programs include various liability, property, and other insurance policies, which provide the Debtor with insurance coverage related to, among other things, general liability, excess liability, directors’ and officers’ liability, employment practices liability, workers’ compensation, property, crime, automobile, international commercial, environmental and umbrella policies (including several excess layers). True and correct copies of the Insurance Policies and Programs are attached as Exhibits B through K. 11. The Debtor maintains the Insurance Policies and Programs to help manage and limit the risks associated with operating its Business. The Insurance Policies and Programs are essential to the preservation of the value of the Debtor’s Business and property. 12. Some of the Insurance Policies and Programs are required by the various regulations, laws, and contracts that govern the Debtor’s commercial activities.

8

13. Pursuant to the Insurance Policies and Programs, the Debtor pays premiums based upon a fixed rate established and billed by each Insurance Carrier (collectively, the “Insurance Premiums”). At times, the Debtor pays the Insurance Premiums in installments. For example, the commercial general liability policy is paid twenty-five percent (25%) upfront, and then in nine (9) monthly installment payments thereafter. 14. The Debtor does not believe any pre-petition amounts are currently due and owing on account of the Insurance Premiums. Nevertheless, out of an abundance of caution, the Debtor seeks authority to pay any such pre-petition Insurance Premiums when they become aware of them. 15. Included in its Insurance Policies and Programs, the Debtor maintains workers’ compensation insurance as required by statute in each of the states in which it operates (the “Workers’ Compensation Programs”). 16. Although the Debtor does not believe any such amounts are outstanding, out of an abundance of caution, the Debtor seeks approval to pay any Insurance Obligation related to the pre-petition period that may be owed to an insurance broker. SUMMARY OF RELIEF REQUESTED 17. Pursuant to sections 105(a), 363(b), and 503(b) of the Bankruptcy Code, the Debtor seeks entry of an order authorizing, but not directing, it to (i) continue to maintain, renew, and continue its Insurance Policies and Programs and honor its Insurance Obligations in the ordinary course of business during the administration of this Chapter 11 Case and (ii) pay any pre-petition Insurance Obligations. BASIS FOR RELIEF 18. Section 1112(b)(4)(C) of the Bankruptcy Code provides that “failure to maintain appropriate insurance that poses a risk to the estate or to the public” is “cause” for mandatory

9

conversion or dismissal of a Chapter 11 case. 11 U.S.C. §1112(b)(4)(C). Furthermore, the Guidelines of the Office of the United States Trustee for Region 3 (the “U.S. Trustee”) require debtors to maintain insurance coverage throughout their Chapter 11 cases. 19. The Court has authority pursuant to sections 105(a), 363(b), and 503(b) of the Bankruptcy Code to grant the relief requested by the Debtor. Section 503(b)(1) of the Bankruptcy Code provides that: “After notice and a hearing, there shall be allowed, administrative expenses…including…the actual, necessary costs and expenses of preserving the estate.” 11 U.S.C. §503(b)(1)(A). The Court, therefore, can authorize the Debtor to use estate funds to pay any Insurance Obligations arising or relating to the period after the Petition Date. 20. The Court may also grant the relief requested herein with respect to pre-petition obligations pursuant to sections 105(a) and 363(b) of the Bankruptcy Code. Section 363(b)(1) of the Bankruptcy Code provides, in relevant part, that “[t]he [debtor], after notice and a hearing, may use, sell, or lease, other than in the ordinary course of business, property of the estate.” 11 U.S.C. §363(b)(1). This provision grants a court broad flexibility to authorize a debtor to pay pre-petition claims where a sound business purpose exists. See, In re Ionosphere Clubs, Inc., 98 B.R. 174, 175 (Bankr. S.D.N.Y. 1989). 21. Further, section 105(a) provides, in relevant part, that, “[t]he court may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this title.” 11 U.S.C. §105(a). This provision codifies the inherent equitable powers of the bankruptcy court, including the power to authorize payment of pre-petition claims, under the “necessity of payment” doctrine, when such payment is critical to a debtor’s reorganization or necessary for the preservation of the value of the debtor’s estate. See, e.g., In re Lehigh & N. E. Ry. Co., 657 F.2d 570, 581 (3d Cir. 1981) (stating that “the sine qua non for the application of the ‘necessity of

10

payment’ doctrine is the possibility that the creditor will employ an immediate economic sanction failing such payment). 22. In such a circumstance, “it is evident that the payment made under the ‘necessity of payment’ rule is in the interest of all parties . . . because such payment will facilitate the [debtor’s] continued operation.” In re Penn Cent. Transp. Co., 467 F.2d 100, 102, n.1 (3d Cir. 1972) (citations omitted) (“A number of cases declare a so-called ‘necessity of payment’ exception to the normal deferment of the payment of pre-reorganization claims until their disposition can be made part of a plan of reorganization. These cases permit immediate payment of claims of creditors where those creditors will not supply services or material essential to the conduct of the business until their pre-reorganization claims shall have been paid.”); In re Motor Coach Indus. Int'l, Inc., No. 08-12136-BLS, 2009 WL 330993, at *2, n.5 (D. Del. Feb. 10, 2009) (citing Lehigh, inter alia¸ for the proposition that “[t]he ‘doctrine of necessity’ or ‘necessity of payment’ doctrine is a general rubric for the proposition that a court can authorize the payment of pre-petition claims if such payment is essential to the continued operation of the debtor”); see also In re CoServ, L.L.C., 273 B.R. 487, 497 (Bankr. N.D. Tex. 2002) (stating “it is only logical that the bankruptcy court be able to use Section 105(a) of the Code to authorize satisfaction of the pre-petition claim in aid of preservation or enhancement of the estate”). 23. The payment of pre-petition claims under the doctrine of necessity is consistent with the “two recognized policies” of Chapter 11 of the Bankruptcy Code: preserving going concern value and maximizing property available to satisfy creditors. See Bank of Am. Nat’l Trust & Savs. Ass’n. v. 203 N. LaSalle St. P’ship, 526 U.S. 434, 453 (1999). It is consistent with Bankruptcy Rule 6003, which implies that the payment of pre-petition obligations may be

11

permissible within the first twenty-one (21) days of a case where doing so is “necessary to avoid immediate and irreparable harm.” 24. The relief requested by this Motion represents a sound exercise of the Debtor’s business judgment, is necessary to avoid immediate and irreparable harm to the Debtor’s estate and is justified under sections 105(a), 363(b), and 503(b) of the Bankruptcy Code. As noted herein, the Debtor is required legally and contractually to maintain certain Insurance Policies and Programs and the nature of the Debtor’s Business makes it essential for it to maintain all Insurance Policies and Programs on an ongoing and uninterrupted basis. If any of the Debtor’s Insurance Policies and Programs are terminated or lapse, the Debtor could be exposed to substantial liability to the detriment of all parties-in-interest. Additionally, the Debtor must maintain most of the Insurance Policies and Programs to comply with the guidelines of the U.S. Trustee. 25. Similarly, pursuant to state law, the Debtor must maintain the Workers’ Compensation Program. If the Debtor fails to maintain the Workers’ Compensation Program, among other things, state law may prohibit it from operating. Granting authority to pay all Workers’ Compensation Program obligations, therefore, is crucial to the continued operation of the Debtor’s Business. 26. In sum, the continuation of the Insurance Policies and Programs and the authority to pay, in the Debtor’s discretion, all Insurance Obligations, including any unpaid pre-petition Insurance Obligations, is essential to preserve the Debtor’s Business and the value of the Debtor’s estate for all parties-in-interest. 27. Bankruptcy Rule 6003(b) provides that, to the extent relief is necessary to avoid immediate and irreparable harm, a bankruptcy court may issue an order granting a “motion to use, sell, lease, or otherwise incur an obligation regarding property of the estate, including a motion to

12

pay all or part of a claim that arose before the filing of the petition” before twenty-one (21) days after filing of the petition. Fed. R. Bankr. P. 6003(b). Disruptions regarding the Insurance Policies and Programs could severely prejudice the Debtor’s chance for reorganization, cause the Debtor to violate state law or applicable U.S. Trustee guidelines, harm the Debtor’s ability to retain employees, and expose the Debtor to risks from uninsured liabilities. 28. Late payments could frustrate the Debtor’s relationships with employees and cause other severe and irreparable disruptions to the Debtor’s Business which would have a negative impact on all parties-in-interest. Accordingly, the Debtor has satisfied the requirements of Bankruptcy Rule 6003. 29. To implement the foregoing successfully, the Debtor requests a waiver of the notice requirements under Bankruptcy Rule 6004(a) and the fourteen-day stay imposed by Bankruptcy Rule 6004(h), to the extent such stay applies. WHEREFORE the Debtor respectfully requests entry of the Proposed Order granting the relief requested herein and such other and further relief as the Court may deem just and appropriate. Respectfully Submitted, Dated: August 15, 2021 By: /s/ Edmond M. George Edmond M. George, Esquire Michael D. Vagnoni, Esquire (pro hac vice pending) Turner N. Falk, Esquire OBERMAYER REBMANN MAXWELL & HIPPEL, LLP 1120 Route 73, Suite 420 Mount Laurel, NJ 08054-5108 Telephone: (856) 795-3300 Facsimile: (856) 482-0504 E-mail: edmond.george@obermayer.com michael.vagnoni@obermayer.com turner.falk@obermayer.com Proposed Counsel to Chapter 11 Debtor, Aluminum Shapes, L.L.C.

13

EXHIBIT A: INSURANCE POLICIES Fireman’s Fund Insurance Company (An Allianz Company) Policy No. USC010400200 Property Insurance Chubb Insurance Company Of New Jersey Policy No. 7819-25-91 Commercial Umbrella Insurance Chubb Insurance Company Of New Jersey Policy No. (20) 9949-99-79 Business Auto Insurance Chubb Insurance Company Of New Jersey Policy No. 3603-87-65 EUC Commercial General Liability Insurance Chubb Insurance Company Of New Jersey Policy No. 8255-5284 Primary Insurance: Directors and Officers, Employment Practices, Fiduciary Liability, Crime, Kidnapping Ransom and Extortion Great Northern Insurance Company Policy No. 9950-35-95 PHL International Commercial Insurance ACE American Insurance Company Policy No. PPL G24870388 014 Premises Pollution Liability Insurance XL Specialty Insurance Company Policy No. ELU172175-20 Excess Criminal Liability Insurance XL Specialty Insurance Company Policy No. ELU172149-20 Excess D&O Insurance Insurance Company Of The West Policy No. WPH-5038375-03 Worker’s Compensation and Employers Liability Insurance

14

ALUMINIUM SHAPES, L.L.C. DEBTOR’S MOTION PURSUANT TO 11 U.S.C. §§ 105(a), 363(b), AND 503(b) FOR AUTHORITY TO (I) MAINTAIN, RENEW AND CONTINUE INSURANCE POLICIES AND PROGRAMS AND (II) HONOR ALL INSURANCE OBLIGATIONS (the “Insurance Motion”) The Exhibits B - K to the Debtor’s Insurance Motion have been excluded from service due to their size. Exhibits B - K are available for review and downloaded free of charge at the website of the Debtors’ proposed Claims and Noticing Agent, Epiq Corporate Restructuring, LLC (“Epiq”) at https://dm.epiq11.com/aluminiumshapes. The Exhibits are located within Docket No. 12. You may also request a copy of the excluded attachments by contacting Epiq via email at AluminumShapesInfo@epiqglobal.com.

15

EXHIBIT B

16

S SAFETY 120 WHARTON ROAD BRISTOL PA 19007 D MINERAL PRODUCTS, INC. ATTN: MIKE GAVIN 2700 SCIOTO PARKWAY COLUMBUS OH 43221-4660CAN EXPRESS ATTN: STEPHEN J. SQUERI THREE WORLD FINANCIAL CENTER 200 VESEY STREET NEW YNY 10285-4803 METALS INC. ATTN: DONNA MUSSEL 6290 NETHERHARD ROAD MISSISSAUGA ON L5T 1B7 CANADATYA, INC ATTN: JASON POTTS 4639 VAN EPPS RD BROOKLYN HEIGHTS OH 44131Y POWER INVESTMENT CO, LLC ATTN: STEVEN GABRIELLE 1605 N. CEDAR CREST BLVD SUITE 509 ALLENTOWN PA 1810EY CONSULTING LLC ATTN: CHRIS GREANEY 800 VILLAGE WALK GUILFORD CT 06437S, BAIO & MCCULLOUGH ATTN: GEORGE HARRIS 520 S. FRONT STREET PHILADELPHIA PA 19147 OF METALS 45 COMMERCIAL ROAD TORONTO ON M4G 1Z3 CANADA O GLOBAL ATTN: MELISSA ANAGNOSTAKOS 1500 MARKET STREET SUITE 3500E PHILADELPHIA PA19107 AW LLP ATTN: BHANU B. ILINDRA, ESQ. TWO LIBERTY PLACE 50 S. 16TH STREET, SUITE 271PHILADELPHIA PA 19102 NAL REVENUE SERVICE 600 ARCH STREET PHILADELPHIA PA 19106 NAL REVENUE SERVICES CENTRALIZED INSOLVENCY OPERATION PO BOX 7346 PHILADELPHIA PA 19101-7346NAL REVENUE SERVICES LOCAL OFFICE 600 ARCH STREET PHILADELPHIA PA 19106NAL REVENUE SERVICES DEPARTMENT OF THE TREASURY 1500 PENNSYLVANIA AVENUE, N.W. WASHINGTON DC 202DOR RECYCLING ATTN: FABIO FOLINO 115 STEVENS STREET SPRINGFIELD MA 01104TER & ENGLISH, LLP (COUNSEL TO TIGER FINANCE, LLC) ATTN: JOSEPH LUBERTAZZI, JR., ESQ. FOURGATEWAY CENTER 100 MULBERRY STREET NEWARK NJ 07102 TER & ENGLISH, LLP (COUNSEL TO TIGER FINANCE, LLC) ATTN: FRANKLIN BARBOSE, JR., ESQ. FOUR GATECENTER 100 MULBERRY STREET NEWARK NJ 07102 N H KELMAN, INC ATTN: NATHAN H. KELMAN 41 EUCLID STREET COHOES NY 12047EAST METAL TRADERS ATTN: MITCHELL GOLDBERG 7345 MILNOR STREET PHILADELPHIA PA 19136E OF THE UNITED STATES TRUSTEE ONE NEWARK CENTER 1085 RAYMOND BOULEVARD, SUITE 2100 NEWARK NJ 07102E OF THE US ATTORNEY GENERAL U.S. DEPARTMENT OF JUSTICE ATTN: MATTHEW G. WHITAKER 950 PENNSYLVANIA AVENUN.W. WASHINGTON DC 20530-0001 . & G. ATTN: RALPH IZZO 150 HOW LN NEW BRUNSWICK NJ 08901 R & BRAUNSTEIN LLP (COUNSEL TO SECURED LENDER TIGER FINANCE, LLC) ATTN: ANTHONY B. STUMBO, ESQTIMES SQUARE TOWER SEVEN TIMES SQUARE, SUITE 2506 NEW YORK NY 10036Y INSURANCE ATTN: PETER G. MCPARTLAND 1800 NORTH POINT DRIVE STEVENS POINT WI 54481EASTERN EXTRUSION TOOL ATTN: JOE HANDBACK 50 STAPLES DR. FLORENCE AL 35630 OF NEW JERSEY DEPT. OF ENVIRONMENTAL PROTECTION 401 E STATE ST. TRENTON NJ 08625RONY BANK C/O PRA RECEIVABLES MANAGEMENT, LLC ATTN: VALERIE SMITH, SR. MANAGER PO BOX41021 NORFOLK VA 23541 NITED STATES ATTORNEY GENERAL FOR THE STATE OF NEW JERSEY ATTN: ANDREW J. BRUCK 25 MARKET ST. TRENTON NJ08611 NITED STATES ATTORNEY'S OFFICE FOR THE DISTRICT OF NEW JERSEY PETER RODINO FEDERAL BUILDING 970 BROAD STRESUITE 700 NEWARK NJ 07102 SMALL BUSINESS ADMINISTRATION REGION II ATTN: MATT COLEMAN, REGIONAL COMMS DIR. 26 FEDERAL PLAZA, SUITE 3NEW YORK NY 10278 VIRONMENTAL PROTECTION AGENCY REGION 2 290 BROADWAY, 17TH FLOOR 2 NEW YORK NY 10007-1866VIRONMENTAL PROTECTION AGENCY ATTN: SCOTT PRUITT, ADMINISTRATOR ARIEL RIOS BUILDING 1200 PENNSYLVANIAAVENUE, N.W. WASHINGTON DC 20460 H NATIONAL P.O. BOX 6129 LAFAYETTE IN 47903 H NATIONAL 1000 SAGAMORE PKWY S. LAFAYETTE IN 47905

17

Total Creditor count 35

18

EXHIBIT C

19

ANK ATTN: JHITEA MULLEN ONE MALL NORTH 10025 GOVERNOR WARFIELD PKWY, SUITE 107COLUMBIA MD 21044 ANK ONE LIGHT STREET 16TH FLOOR BALTIMORE MD 21202 DENT BANK 239 WASHINGTON STREET JERSEY CITY NJ 07302 DENT BANK PO BOX 1001 ISELIN NJ 08830 Total Creditor count 4

20

EXHIBIT D

21

MERICAN INSURANCE COMPANY 436 WALNUT STREET PO BOX 1000 PHILADELPHIA PA 19106 ENVIRONMENTAL RISK CLAIMS MANAGER PO BOX 5103 SCRANTON PA 18505 INSURANCE COMPANY OF NJ 202B HALLS MILL ROAD WHITEHOUSE STATION NJ 08889ANS FUND INSURANCE COMPANY (AN ALLIANZ COMPANY) 225 W. WASHINGTON STREET SUITE 1800 CHICAGO IL 60606 NORTHERN INSURANCE COMPANY 3618 WEST 26TH STREET CHICAGO IL 60623ANCE COMPANY OF THE WEST 15025 INNOVATION DRIVE SAN DIEGO CA 92128-3455ANCE COMPANY OF THE WEST PO BOX 509039 SAN DIEGO CA 92150 OFESSIONAL INSURANCE 100 CONSTITUTION PLAZA 13TH FLOOR HARTFORD CT 06103ECIALTY INSURANCE COMPANY 70 SEAVIEW AVE STAMFORD CT 06902 Total Creditor count 9

22

EXHIBIT E

23

AUKEN TOWNSHIP ATTN: DANA SURGNER MUNICIPAL BUILDING 5605 N. CRESCENT BLVD PENNSAUKEN NJ08110 Total Creditor count 1

24

EXHIBIT F

25

Y POWER INVESTMENT CO, LLC 1605 N. CEDAR CREST BLVD SUITE 509 ALLENTOWN PA 18104ANTVILLE-PENNSAUKEN WATER ATTN: KARL N. MCCONNELL 6751 WESTFIELD AVE PENNSAUKEN NJ 08110ANTVILLE-PENNSAUKEN WATER ATTN: JACK KILLION 6751 WESTFIELD AVE PENNSAUKEN NJ 08110. & G. 150 HOW LN NEW BRUNSWICK NJ 08901 . & G. P.O. BOX 14444 NEW BRUNSWICK NJ 08906 COMMUNICATIONS 10 LAKE CENTER EXECUTIVE PARK, SUITE 106 401 ROUTE 73 NORTH MARLTON NJ 0805COMMUNICATIONS PO BOX 71402 PHILADELPHIA PA 19176-1402 Total Creditor count 7

26

EXHIBIT G

27

SHULTES, INC. ATTN: MICHAEL G. SCHULTES 664 S EVERGREEN AVE WOODBURY HEIGHTS NJ 08097NED METAL INDUSTRIES INC. 454 DOBBIE DRIVE CAMBRIDGE ON N1T 1S7 CANADANED METAL INDUSTRIES INC. C/O HEITNER & BREITSTEIN ATTN: CARY R. STERNBACK 28 N MAIN ST 1429 MARLBORO07746 T ENERGY BUSINESS MARKETING LLC C/O FISHKINLUCKS ATTN: STEVEN MILES LUCKS ONE RIVERFRONT PLAZA, SUITE 410NEWARK NJ 07102 T ENERGY BUSINESS MARKETING LLC 194 WOOD AVENUE SOUTH, SUITE 200 ISELIN NJ 08830T ENERGY BUSINESS MARKETING LLC C/O MCDOWELL HETHERINGTON LLP ATTN: KATE H. EASTERLING 1001 FANNIN STREET,SUITE 2700 HOUSTON TX 77002 RN LIFT TRUCK CO INC. 549 E LINWOOD AVENUE MAPLE SHADE NJ 08052RN LIFT TRUCK CO. C/O SALDUTTI LAW GROUP ATTN: ROBERT L. SALDUTTI 800 KINGS HWY N CHERRY HILL08034 MENT DEPOT PENNSYLVANIA, INC. 741 INDEPENDENCE AVENUE MECHANICSBURG PA 17055MENT DEPOT PENNSYLVANIA, INC. C/O GREGORY SHIELDS LAW ATTN: GREGORY S. SHIELDS 107 CHESLEY DR STE 5 MEDIA19063 HERMES NORTH AMERICA INSURANCE C/O HEITNER & BREITSTEIN ATTN: CARY R. STERNBACK 28 N MAIN ST 1429 MARLBORO07746 HERMES NORTH AMERICA INSURANCE 800 RED BROOK BLVD. OWINGS MILLS MD 21117AL CHEMICAL & SUPPLY ATTN: DAVID MCDONOUGH 858 N. LENOLA RD, UNIT 1A MOORESTOWN NJ 08057FECTOR INC. C/O HEITNER & BREITSTEIN ATTN: CARY R. STERNBACK 28 N MAIN ST 1429 MARLBORO07746 FECTOR INC. 1100 ATWATER DRIVE MALVERN PA 19355 NLY INDUSTRIAL POWER, LLC 701 PARKWAY DR BROOMALL PA 19008 N TRUCK LINES, INC. 808 N. 161ST EAST AVE. TULSA OK 74116 N TRUCK LINES, INC. C/O HEATH E. HARDCASTLE 15 WEST 6TH STREET SUITE 2600 TULSA OK 74119EK INC. C/O LEWIS BRISBOIS BISGAARD & SMITH, LLP ATTN: JONATHAN M. PREZIOSI ONERIVERFRONT PLAZA, SUITE 800 NEWARK NJ 07102 EK INC. 1285 CLAREMONT ROAD CARSLILE PA 17015 ENERGY MARKETING, LLC 600 HAMILTON ST., SUITE 600 ALLENTOWN PA 18101 ENERGY MARKETING, LLC C/O FITZPATRICK LENTZ & BUBBA, P.C. ATTN: JUAN P. CAMACHO 645 WEST HAMILTONSTREET, SUITE 800 ALLENTOWN NJ 18101 ENERGY MARKETING, LLC C/O FITZPATRICK LENTZ & BUBBA, P.C. ATTN: JOSEPH S. DAMICO, JR. 645 WESTHAMILTON STREET, SUITE 800 ALLENTOWN NJ 18101 ENERGY MARKETING, LLC 2 NORTH 9TH STREET ALLENTOWN PA 18101TERS LOCAL 837 401(K) PLAN C/O MARKOWITZ & RICHMAN ATTN: THOMAS HERMAN KOHN 123 S. BROAD STREET, SUITE2020 PHILADELPHIA PA 19109 TERS LOCAL 837 401(K) PLAN 12275 TOWNSEND ROAD PHILADELPHIA PA 19154TERS LOCAL 837 HEALTH AND WELFARE C/O MARKOWITZ & RICHMAN ATTN: THOMAS HERMAN KOHN 123 S. BROAD STREET, SUITE2020 PHILADELPHIA PA 19109 TERS LOCAL 837 HEALTH AND WELFARE C/O MARKOWITZ & RICHMAN ATTN: MATTHEW D. AREMAN 123 S. BROAD STREET, SUITE2020 PHILADELPHIA PA 19109 NERGY SERVICES, LLC C/O DYER PETERSON ATTN: GREGORY EDWIN PETERSON 322 U.S. HIGHWAY 46, SUITE 2PARSIPPANY NJ 07054 NERGY SERVICES, LLC 835 KNITTING MILLS WAY WYOMISSING PA 19610Total Creditor count 30

28

EXHIBIT H

29

Case No. 21-16520 OCP Overnight Mail Service CROWE LLP SMITHAMUNDSEN LLC ATTN: CHARLES HOLLINGSWORTH ATTN: MATTHEW W. HORN, ESQ. 485 LEXINGTON AVENUE 150 NORTH MICHIGAN AVENUE 11TH FLOOR SUITE 3300 NEW YORK, NY 10017 CHICAGO, IL 60601

30

EXHIBIT I

31

Core-2002-Top 20 Email Service List Name Email Address ATTAR METALS INC. info@attarmetals.com COVENTYA, INC j.potts@coventya.com ENERGY POWER INVESTMENT CO, LLC sgabrielle@eppservice.com GREANEY CONSULTING LLC chris.greaney@greaneyconsulting.com HARRIS, BAIO & MCCULLOUGH george@hbmadv.com INDIGO GLOBAL info@indigoglobalcorp.com INDILAW LLP bhanu@bbilawgroup.com INDILAW LLP araju@rajullp.com LABRADOR RECYCLING oz@labrecy.com MCCARTER & ENGLISH LLP jlubertazzi@mccarter.com MCCARTER & ENGLISH LLP fbarbosa@mccarter.com NATHAN H KELMAN, INC nate.kelman@nhkelman.com NORTHEAST METAL TRADERS nemt@metaltrader.com PRA RECEIVABLES MANAGEMENT, LLC claims_rmsc@pragroup.com RIEMER & BRAUNSTEIN LLP astumbo@riemerlaw.com SENTRY INSURANCE natacctspremiumservices@sentry.com SOUTHEASTERN EXTRUSION TOOL jhanback@set-tool.com U.S. SMALL BUSINESS ADMINISTRATION disastercustomerservice@sba.govCount: 18

32

EXHIBIT J

33

Banks Email Service List Name Email Address M&T BANK jmullen1@mtb.com Count: 1

34

EXHIBIT K

35

Insurance Email Service List Name Email Address CHUBB ENVIRONMENTAL RISK CLAIMS MANAGER casualtyriskenvironmentfirstnotice@chubb.comXL PROFESSIONAL INSURANCE proclaimnewnotices@xlcatlin.com Count: 2

36

EXHIBIT L

37

Tax Authorities Email Service List Name Email Address PENNSAUKEN TOWNSHIP dsurgner@twp.pennsauken.nj.us Count: 1

38

EXHIBIT M

39

Utilities Email Service List Name Email Address MERCHANTVILLE-PENNSAUKEN WATER kmcconnell@mpwc.com MERCHANTVILLE-PENNSAUKEN WATER jkillion@mpwc.com P.S.E. & G. pseg-baandr@pseg.com XTEL COMMUNICATIONS contact@xtel.net Count: 4

40

EXHIBIT N

41

DIP Email Service List Name Email Address A.C. SHULTES, INC. schultesmg@gmail.com COMBINED METAL INDUSTRIES INC.; EULER HERMES NORTH AMERICA INS; crs@nycnjlaw.com IFM EFECTOR INC. DIRECT ENERGY BUSINESS MARKETING LLC slucks@fishkinlucks.comEASTERN LIFT TRUCK CO. rsaldutti@slgcollect.com EQUIPMENT DEPOT PENNSYLVANIA, INC. gshields@gshieldslaw.com PYROTEK INC. jonathan.preziosi@lewisbrisbois.com TALEN ENERGY MARKETING, LLC jsdamico@flblaw.com TALEN ENERGY MARKETING, LLC jcamacho@flblaw.com TEAMSTERS LOCAL 837 HEALTH AND WELFARE FUND mareman@markowitzandrichman.comTEAMSTERS LOCAL 837 401(K) PLAN; tkohn@markowitzandrichman.com TEAMSTERS LOCAL 837 HEALTH AND WELFARE FUND UGI ENERGY SERVICES, LLC ecourtsgep@dyerpeterson.com Count: 11

42