Case 16-10527-MFW Doc 1690 Filed 05/02/16 Page 1 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: SPORTS AUTHORITY HOLDINGS, INC., et al 1. Chapter 11 Case No. 16-10527 (WFW) (Jointly Administered) RE: Docket No. 1210 OBJECTION OF 4821 MING AVENUE, LLC TO PROPOSED CURE AMOUNT 4821 Ming Avenue, LLC ( Landlord ), by and through its undersigned counsel hereby objects to the Notice of Possible Assumption and Assignment of Certain Executory Contracts and Unexpired Leases in Connection with Sales [Docket No. 1210] (the Notice ) filed in the above captioned case. In support of its objection, Landlord respectfully represents as follows: 1. One of the debtors in the above-referenced jointly administrative case is a party to an unexpired lease of non-residential real property with the Landlord (the Lease ), for the premises at 4821 Ming Avenue, Bakersfield, California 93309 identified in the Notice as Store Number 676. 2. On April 15, 2016, the Debtors filed the Notice, which designated the cure amount with respect to the Lease as $95,833.34 (the Proposed Cure Amount ). 3. Landlord objects to the Proposed Cure Amount. The Proposed Cure Amount covers only the rent that has been unpaid under the Lease. Under the Lease, the tenant was 1 The Debtors and the last four digits of their respective taxpayer identification numbers are as follows: Sports Authority Holdings, Inc. (9008); Slap Shot Holdings, Corp. (8209); The Sports Authority, Inc. (2802); TSA Stores, Inc. (1120); TSA Gift Card, Inc. (1918); TSA Ponce, Inc. (4817); and TSA Caribe, Inc. (5664). The headquarters for the Debtors is located at 1050 West Hampden Avenue, Englewood, Colorado 80110.
Case 16-10527-MFW Doc 1690 Filed 05/02/16 Page 2 of 3 required to pay the property taxes for the premises. The Proposed Cure Amount does not include the second installment of the 2015-2016 secured property tax bill for Kern County, California. The amount of the second installment was $38,909.45. However, since the payment was not made on or before April 11, 2016 an additional late payment penalty of $3,900.94 became due. The total amount due for the second installment of real property taxes as of this date is $42,810.39. A copy of the Kern County 2015-2016 Secured Property Tax Bill and a screen shot of the Kern County Online Payment System showing the amounts due are attached as Exhibit A. 4. Landlord reserves the right to supplement this objection to account for any such additional fees, expenses or other charges that may accrue after this date, or that may arise under the Lease prior to the assumption and assignment of the Lease. 5. Since Debtors have not yet identified a proposed assignee of the Lease, this objection only addresses the Proposed Cure Amount. Landlord reserves all rights to object with respect to adequate assurances of future performance and any other issues related to the identity of the proposed assignee. Landlord similarly joins in any other objections to the Notice filed by the debtors other landlords to the extent not inconsistent with this objection. WHEREFORE, Landlord respectfully requests that any assumption and assignment of the Lease be conditioned upon the rent arrearage set forth in the Notice of $95,833.34 and in addition the property tax arrearage of $42,810.39, as may be modified or added to prior to any assumption and assignment of the Lease, and such other relief as the Court deems just and proper.
Case 16-10527-MFW Doc 1690 Filed 05/02/16 Page 3 of 3 Dated: May 2, 2016 Greene Radovsky Maloney Share & Hennigh LLP /s/ Edward J. Tredinnick Edward J. Tredinnick Four Embarcadero Center, Suite 4000 San Francisco, CA 94111 Telephone: (415) 981-1400 Facsimile: (415) 777-4961 etredinnick@greeneradvosky.com Counsel for 4821 Ming Avenue LLC
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Case 16-10527-MFW Doc 1690-2 Filed 05/02/16 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: SPORTS AUTHORITY HOLDINGS, INC., et al 1. Chapter 11 Case No. 16-10527 (WFW) (Jointly Administered) RE: Docket No. 1210 Cure Cost Objection Deadline: April 29, 2016 at 4:00 p.m. (ET) CERTIFICATE OF SERVICE I, Edward J. Tredinnick, Esquire certify that on May 2, 2016, I caused to be served, true and correct copies of the foregoing document, upon the following parties as indicated on the attached service list and on all parties receiving service via the Court s CM/ECF system. GREENE RADOVSKY MALONEY SHARE & HENNIGH LLP Dated: May 2, 2016 _/s/edward J. Tredinnick Edward J. Tredinnick, Esq. (84033) Four Embarcadero Center, Suite 4000, San Francisco, California 94111-4106 Telephone: (415) 981-1400 Facsimile: (415) 777-4961 Email: etredinnick@grmslaw.com 1 The Debtors and the last four digits of their respective taxpayer identification numbers are as follows: Sports Authority Holdings, Inc. (9008); Slap Shot Holdings, Corp. (8209); The Sports Authority, Inc. (2802); TSA Stores, Inc. (1120); TSA Gift Card, Inc. (1918); TSA Ponce, Inc. (4817); and TSA Caribe, Inc. (5664). The headquarters for the Debtors is located at 1050 West Hampden Avenue, Englewood, Colorado 80110.
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