1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ECRO: APPEARANCES: IN RE:
UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE ) ) PERKINS & MARIE CALLENDERS INC.) et al., ) Debtors. ) ) ) ) ) ) Case No. 11-11795 (KG) Chapter 11 Courtroom No. 3 824 Market Street Wilmington, Delaware 19801 August 2, 2011 2:00 P.M.
TRANSCRIPT OF HEARING BEFORE HONORABLE KEVIN GROSS UNITED STATES BANKRUPTCY JUDGE
For the Debtors:
Young Conaway Stargatt & Taylor, LLP By: ROBERT F. POPPITI, JR., ESQUIRE 1000 West Street, 17th Floor Wilmington, Delaware 19801 (302) 571-6600 Landis Rath & Cobb By: WILLIAM CHIPMAN, ESQUIRE 919 N. Market Street Wilmington, Delaware 19801 (302) 467-4400 GINGER MACE Reliable 1007 N. Orange Street Wilmington, Delaware 19801 Telephone: (302) 654-8080 E-Mail: gmatthews@reliable-co.com
For The Committee:
Transcription Service:
Proceedings recorded by electronic sound recording; transcript produced by transcription service.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
For Wayzata:
Blank Rome By: STANLEY TARR, ESQUIRE 1201 Market Street, Suite 800 Wilmington, Delaware 19801 (302)425-6400
3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NOTICE OF AGENDA MATTERS: For the Debtors, by Mr. Poppiti For the Committee, by Mr. Chipman INDEX Page 4 5
4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Good afternoon, please be seated. Its
nice to see all of you. MR. POPPITI: THE COURT: MR. POPPITI: Good afternoon, Your Honor. Mr. Tarr, Mr. Chipman, and Mr. Poppiti. Good afternoon, Your Honor, may I
please the Court; for the record Robert Poppiti from Young, Conaway, Stargatt & Taylor. Your Honor, Im looking at the amended agenda that we filed for todays hearing. Just by way of an update -I believe
well first Sanders entered orders on everything.
we seen those, so I think we can just skip past those. THE COURT: MR. POPPITI: Sure. Under adjourned matters, item 2 it was
the Pepsi rejection motion, I just wanted to update Your Honor that weve not quite got there on the documentation. The parties are exchanging documentation at this point, reviewing, commenting and the like. So were just going to
go ahead and adjourn that formerly to the August 22nd hearing; however, if we get there before August 22nd, well probably submit something under certification of counsel that, hopefully, Your Honor will entertain. THE COURT: MR. POPPITI: Absolutely. With that, Your Honor, that takes us
to agenda item 6 which is the FTI retention application and with that, Ill turn it over to Mr. Chipman.
5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Chipman. again. MR. CHIPMAN: Good to see you, Your Honor, good THE COURT: All right, Mr. Chipman, good to see you
afternoon; for the record, William Chipman, Landis Rath & Cobb on behalf of the Committee. Your Honor, item number 6 on the agenda is the application to retain FTI Consulting as restructuring and financial advisor of the Committee. Your Honor was kind
enough to allow us to short notice on that and set the objection deadline for this hearing. I am not aware of any
objections; nobodys called or raised any issues with our firm. I do have on the phone my co-counsel Ben Schneider
from Ropes & Gray and I believe Steve Simms of FTI is on the phone in case Your Honor had any questions. But, otherwise,
Your Honor, unless Your Honor has any questions I do have a proposed form of order. THE COURT: All right let me ask first if anyone It certainly isnt necessary. I am
else wishes to be heard?
certainly fine with the retention of FTI and I know them well. I respect them, and the retention looked to be in
order, so I would be pleased to sign the order. MR. CHIPMAN: the kind words on FTI. THE COURT: Thank you, Your Honor. Thank you for
If I may approach, Your Honor?
Certainly; you certainly may, Mr.
Good to see you always; all right.
6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CHIPMAN: The form of order, Your Honor, I
handed up is exactly the same form of order that was filed with the motion. the docket number. THE COURT: You betcha. I guess I couldnt save you The only change on it is that we referenced
a trip since it was on short notice, but its a pretty nice day out there. I got out for about two minutes, and I All
thought it was a little drier than it has been lately. right, FTI youre in the case. MR. SCHNEIDER: THE COURT: MR. CHIPMAN: Thank you, Your Honor.
Absolutely, my pleasure. Thank you, Your Honor; Ill turn the
podium back over to Mr. Poppiti. THE COURT: MR. POPPITI: todays hearing. Thank you, Mr. Chipman. Your Honor, I think thats it for
We appreciate the time. Always, thank you; thank you all for
THE COURT:
coming over and well stand in recess and keep enjoying the summer. MR. POPPITI: (Court Adjourned) You too.
7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 /s/Mary Zajaczkowski Mary Zajaczkowski, CET**D-531 August 2, 2011 Date I certify that the foregoing is a correct transcript from the electronic sound recording of the proceedings in the aboveentitled matter. CERTIFICATE
UNITED STATES BANKRUPTCY COURT District of Delaware
In Re: Perkins & Marie Callender's Inc., et al. 6075 Poplar Avenue Suite 800 Memphis, TN 38119 EIN: 621254388 The Restaurant Company
Chapter: 11
Case No.: 1111795KG
NOTICE OF FILING OF TRANSCRIPT AND OF DEADLINES RELATED TO RESTRICTION AND REDACTION A transcript of the proceeding held on 8/2/2011 was filed on 8/3/2011 . The following deadlines apply: The parties have 7 days to file with the court a Notice of Intent to Request Redaction of this transcript. The deadline for filing a request for redaction is 8/24/2011 . If a request for redaction is filed, the redacted transcript is due 9/6/2011 . If no such notice is filed, the transcript may be made available for remote electronic access upon expiration of the restriction period, which is 11/1/2011 unless extended by court order. To review the transcript for redaction purposes, you may purchase a copy from the transcriber (see docket for Transcriber's information) or you may view the document at the clerk's office public terminal.
Clerk of Court Date: 8/3/11
(ntc)
Notice Recipients
District/Off: 03111 Case: 1111795KG User: Brandon Form ID: ntcBK Date Created: 8/3/2011 Total: 7
Recipients of Notice of Electronic Filing: ust United States Trustee USTPREGION03.WL.ECF@USDOJ.GOV TOTAL: 1 Recipients submitted to the BNC (Bankruptcy Noticing Center): db Perkins &Marie Callender's Inc., et al. 6075 Poplar Avenue Suite 800 Memphis, TN 38119 aty Brett D. Goodman Troutman Sanders LLP The Chrysler Building, 405 Lexington Ave New York, NY 10174 aty Hollace Topel Cohen Troutman Sanders LLP The Chrysler Building, 405 Lexington Ave New York, NY 10174 aty Mitchel H. Perkiel Troutman Sanders LLP The Chrysler Building, 405 Lexington Ave New York, NY 10174 aty Robert F. Poppiti, Jr. Young, Conaway, Stargatt &Taylor, LLP The Brandywine Building 1000 West Street 17th Floor Wilmington, DE 19801 aty Robert S. Brady Young, Conaway, Stargatt &Taylor The Brandywine Bldg. 1000 West Street, 17th Floor PO Box 391 Wilmington, DE 19801 TOTAL: 6
