Case BLS Doc 615 Filed 03/22/17 Page 1 of 8 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE.

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1 Case BLS Doc 615 Filed 03/22/17 Page 1 of 8 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: DNIB UNWIND, INC. (f/k/a BIND THERAPEUTICS, INC.), Post-Effective Debtor. Chapter 11 Case No (BLS) Hearing Date: TBD Obj. Deadline: April 5, 2017 at 4:00 p.m. (ET) B.E. CAPITAL MANAGEMENT FUND LP S MOTION FOR DETERMINATION THAT THE TRUSTEE S CONDITIONING OF DISTRIBUTIONS TO SHAREHOLDERS ON THEIR SUBMISSION OF EQUITY DISTRIBUTION FORM VIOLATES THE PLAN, OR, ALTERNATIVELY, IS AN IMPERMISSIBLE PLAN MODIFICATION B.E. Capital Management Fund LP, a shareholder of the Debtor, moves for a determination that the conditioning by Geoffrey L. Berman, as liquidating trustee (the Liquidating Trustee or Trustee ) of the trust (the Trust ) established under the chapter 11 plan of the above-named Debtors, of distributions to shareholders on their submission of an Equity Distribution Form violates the Plan, or alternatively, is an impermissible Plan modification. 1 In support thereof, B.E. Capital respectfully states as follows: PRELIMINARY STATEMENT 1. The Plan permits the Liquidating Trustee to condition distributions to shareholders on their submission of a Form W-8 or W-9, and nothing else. Despite the clear language of the Plan, on February 13, 2017, the Trustee filed a certificate of service [D.I. 590] of an Equity Distribution Form which states that shareholders will not receive a distribution unless they arrange for their nominee to complete and submit the form to the Liquidating Trustee within six months of service thereof. 1 Pursuant to Rule (f) of the Local Rules of Bankruptcy Practice and Procedure for the United States Bankruptcy Court for the District of Delaware, B.E. Capital states it does not consent to the entry of final orders or judgments by the Court if it is determined that the Court, absent consent of the parties, cannot enter final orders or judgments consistent with Article III of the United States Constitution.

2 Case BLS Doc 615 Filed 03/22/17 Page 2 of 8 2. The information solicited in the Equity Distribution Form is not necessary to achieve compliance with tax reporting and withholding obligations, and indeed, the Liquidating Trustee made his initial distribution under the Plan without such information. Accordingly, the Trustee should be prohibited from conditioning distributions on submission of a completed form. To the extent the Trustee s demand for information not contemplated by the Plan is considered an attempted Plan modification, it should be denied for failure to meet Bankruptcy Code section 1127 standards. BACKGROUND 3. B.E. Capital holds stock in the Debtors and therefore is a party in interest under Bankruptcy Code section 1109(b). 4. On September 26, 2016, this Court entered an order confirming the Debtors combined disclosure statement and plan [D.I. 457] (the Confirmation Order and the Plan, respectively). 5. Pursuant to Section VIII.A.6.c of the Plan, the only equity interests Allowed are those beneficially held as of August 30, 2016 (the Distribution Record Date ). B.E. Capital held stock as of the Distribution Record Date and continues to hold such stock. 6. Section X.G of the Plan provides that holders of allowed equity interests shall receive an $8 million distribution within 90 days after the effective date (the Initial Equity Distribution ). Pursuant to the Confirmation Order and Plan, the residual value of the Debtors estates is to be distributed to shareholders on completion of the claim administration process and payment of allowed claims. 7. Paragraph 3 of the Confirmation Order and Section XVI.J of the Plan provide that the Trustee may condition a distribution to shareholders on their submitting a Form W-8 or W Section 4.1.f of the Liquidating Trust Agreement, attached to the Plan, provides: 2

3 Case BLS Doc 615 Filed 03/22/17 Page 3 of 8 Tax Identification Numbers. The Liquidation Trustee is authorized to request and obtain from the Liquidation Trust Beneficiaries or any other Person Forms W-8 and/or W-9 or such other forms or information relating to the Liquidation Trustee s obligations to withhold as the Liquidation Trustee may reasonably request, and the Liquidation Trustee may condition any distribution to any Liquidation Trust Beneficiary or other distributee upon receipt of such forms or information. Liquidating Trust Agreement 4.1.f. The term Liquidation Trust Beneficiaries is defined as Holders of Allowed General Unsecured Claims and the Holders of Allowed Equity Interests. 9. In other words, the Confirmation Order, the Plan, and the Liquidating Trust Agreement permit the Liquidating Trustee to condition distributions to shareholders only on their submission of information needed by the Trustee to avoid running afoul of tax reporting and withholding obligations, and nothing else. 10. Nevertheless, on February 13, 2017 four months after the effective date and two months after the Initial Equity Distribution the Trustee filed a certificate of service of an Equity Distribution Form upon shareholders through The Depository Trust Company ( DTC ) and DTC participants. The form provides, in relevant part: In order to receive any further distribution(s) under the Plan and your annual Form K-1, you must [c]oordinate completion of the enclosed Nominee Certification with your Nominee and [s]end the completed Nominee Certification to [address]. [...] Please coordinate completion of the below by your nominee if you hold the shares through a nominee. Nominee Certification. In order to receive further distribution(s) under the Plan and your annual Form K-1, your ownership of the shares (CUSIP 05548N 107) must be confirmed by your nominee, which nominee must complete the below on your behalf. To be completed by Nominee only DTC Participant Name: 3 Number of Shares of CUSIP 05548N 107 that was held by

4 Case BLS Doc 615 Filed 03/22/17 Page 4 of 8 DTC Participant Number: DTC Participant Contact Name: DTC Participant Authorized Signature: DTC Participant Contact Number: DTC Participant Address: Beneficial Holder Name: Nominee for account indicated below as of August 30, 2016: Nominee s Medallion Guarantee (or attach authorized signatory list hereto): Beneficial Holder Account Number: 11. The Liquidating Trustee does not need the information requested in the Equity Distribution Form to satisfy tax reporting and withholding obligations, because liquidating distributions are not subject to back withholding requirements under 26 U.S.C. 3406(a)(1), (b)(2), as such payments are considered a return of capital (not dividends). See IRS Publication 550, Inv. Income and Expenses (2015), available at ( Any liquidating distribution you receive is not taxable to you until you have recovered the basis of your stock ); 26 U.S.C (regarding liquidating distributions). Moreover, any conceivable reporting requirement would be satisfied through submission of a Form W-8 or W Nor does the Trustee need the requested information for the purpose of preparing Schedule K-1s (notwithstanding his contrary representation in the Equity Distribution Form). Schedule K-1s are prepared to report a partner s share of partnership income, deduction, credits, etc. However, neither the Trust nor any Debtor is a partnership for federal tax purposes. Rather, as (repeatedly) stated in the Liquidating Trust Agreement, the Trust was intended to qualify as a grantor trust for federal tax purposes. 13. A grantor trust is required to file federal tax returns on Form 1041 and report, but not pay tax on, its respective tax items of income, deductions, credits, etc. ( Tax Items ). Each 4

5 Case BLS Doc 615 Filed 03/22/17 Page 5 of 8 person receiving a distribution from the trust, in turn, is required to report its proportionate share of Tax Items on its Federal tax return and pay any related liability. 14. To ensure persons receiving distributions can determine their proportionate share of Tax Items, liquidating trustees issue grantor letters to persons receiving distributions, identifying their respective proportionate share of Tax Items, or instructing them how to calculate the same. 15. Significantly, however, the grantor letter does not need to be customized based on each shareholder s ownership information as of a given date, as confirmed by its nominee. Indeed, it is not uncommon for liquidating trustees to distribute grantor letters that instruct recipients how to calculate their proportionate share of Tax Items based on how many liquidating trust units they own. Several examples are attached hereto as Exhibit 1. A similar grantor letter can be distributed by the Liquidating Trustee to recipients in the same manner as the Equity Distribution Form (i.e., through DTC) Accordingly, the Liquidating Trustee is able make a subsequent distribution through DTC, and, if the distribution is paid to October 11, 2016, shareholders by operation of FINRA Rule 11140(b)(2), as B.E. Capital asserts should occur in the complaint and motion for a preliminary injunction filed contemporaneously herewith in the District Court (Case No ), the grantor letter can be sent to such shareholders through DTC. If any subsequent distribution is paid to August 30 shareholders, or shareholders as of some other date the $8 million Initial Equity Distribution under the Plan was paid to August 25, 2016 shareholders the grantor letter can be sent to those shareholders through DTC. In either case, the grantor letter can include 2 Because the Plan did not provide for the issuance of liquidating trust units, the Liquidating Trustee would need to substitute the number of shares owned as of a date certain for the number of liquidating trust units owned. 5

6 Case BLS Doc 615 Filed 03/22/17 Page 6 of 8 instructions advising shareholders how to calculate their proportionate share of Tax Items based on the number of shares they held as of the applicable date. 17. In any event, there is no need for the Trustee to collect ownership information before the distribution is made. Indeed, the Trustee did not do this, or collect Form W-9s, before making the Initial Equity Distribution. RELIEF REQUESTED AND BASIS THEREFOR 18. By this motion, B.E. Capital seeks a finding that the Trustee s conditioning of distributions to shareholders on their submission of an Equity Distribution Form violates the Plan, or alternatively, is an impermissible Plan modification, and an order directing the Trustee to make additional distributions to shareholders irrespective of whether they submit an Equity Distribution Form. I. The Conditioning of Distributions on the Submission of the Equity Distribution Form Violates the Plan 19. The Trustee has been charged with implementing the Plan pursuant to the Plan and Confirmation Order. By conditioning distributions to shareholders on their submission of an Equity Distribution Form, however, the Trustee is imposing on shareholders conditions not that are not provided for in the Plan or Confirmation Order. Neither the Plan nor Confirmation Order permit the Trustee to condition distributions to shareholders on anything other than their nonsubmission of a Form W-8 or W-9 upon request by the Liquidating Trustee for the same. The Plan and Confirmation Order require the Trustee to make distributions to shareholders regardless of whether or not they have submitted an Equity Distribution Form. II. Alternatively, the Conditioning of Distributions on Submission of the Equity Distribution Form Is an Impermissible Plan Modification 20. Section 1127(a) provides that a plan proponent may modify the plan at any time before confirmation. After confirmation, section 1127(b) provides the exclusive means for 6

7 Case BLS Doc 615 Filed 03/22/17 Page 7 of 8 modifying a plan: only by a plan proponent and only before the plan is substantially consummated. 11 U.S.C. 1127(b) ( [t]he proponent of a plan or the reorganized debtor may modify such plan at any time after confirmation of such plan and before substantial consummation of such plan. ) The Trustee s attempt to condition distributions to shareholders on their submission of an Equity Distribution Form is an impermissible attempt to modify the Plan. The Plan cannot be modified at this point, because it has been substantially consummated: 4 the Debtors property has been transferred to the Trust, and the Trustee, who is responsible under the Plan for managing the Trust, already has commenced making distributions. For the avoidance of doubt, see Confirmation Order, at paragraph 45 ( The substantial consummation of the Plan, within the meaning of section 1102(2) of the Bankruptcy Code, shall be deemed to occur on or as of the Effective Date. ). Accordingly, the Plan cannot be modified. See, e.g., Airadigm Communs., Inc. v FCC (In re Airadigm Communs., Inc.), 547 F.3d 763, 769 (7th Cir. 2008) ( a plan cannot be modified for any reason after substantial consummation ); In re Best Products Co., 177 B.R. 791, 802 (S.D.N.Y. 1995), aff d, 68 F.3d 26 (2d Cir. 1995) (same). Also, the Trustee is not a plan proponent or a reorganized Debtor and therefore lacks standing to seek a modification of the Plan. 3 And, of course, the plan can be modified only upon notice and an opportunity to object. 11 U.S.C. 1127(b) ( Such plan as modified under this subsection becomes the plan only if circumstances warrant such modification and the court, after notice and a hearing, confirms such plan as modified ) U.S.C. 1101(2) provides: substantial consummation means (A) transfer of all or substantially all of the property proposed by the plan to be transferred; (B) assumption by the debtor or by the successor to the debtor under the plan of the business or of the management of all or substantially all of the property dealt with by the plan; and (C) commencement of distribution under the plan. These factors typically are satisfied, and substantial consummation accordingly begins, as in this case, on the effective date of the plan. 7

8 Case BLS Doc 615 Filed 03/22/17 Page 8 of 8 NOTICE OF MOTION 22. Notice of this motion has been given to (i) the Post-Effective Debtor, (ii) the Office of the United States Trustee, and (iii) all parties that have requested notice pursuant to Bankruptcy Rule CONCLUSION WHEREFORE, B.E. Capital respectfully requests that this Court enter the proposed form of order attached hereto and grant such other and further relief as the Court determines is just and proper. Respectfully submitted, Dated: March 22, 2017 Wilmington, Delaware KLEIN LLC /s/ Julia Klein Julia B. Klein (DE 5198) 919 North Market Street Suite 600 Wilmington, Delaware (302) klein@kleinllc.com Attorneys for Plaintiff and the Putative Class 8

9 Case BLS Doc Filed 03/22/17 Page 1 of 8 Exhibit 1

10 Case BLS Doc Filed 03/22/17 Page 2 of 8 The Depository Trust Company IMPORTANT B#: 5832 DATE: April 15, 2004 TO: All Participants CATEGORY: FROM: ATTENTION: SUBJECT: Dividends Sean M. Bollers Tax Department, Dividend, Income Processing, Tax Mgr. BPP Liquidating Trust Grantor Letter The Depository Trust Company received the attached correspondence containing tax information. If applicable please consult your tax advisor to assure proper treatment of this event.

11 Case BLS Doc Filed 03/22/17 Page 3 of 8 GRANTOR LETTER DOUGLAS P WILSON & SCOTT C VERGES, TTEES 3633 CAMINO DEL RIO SOUTH, SUITE 205 SAN DIEGO, CA Tax Year Ending: 12/31/03 Grantor Name & Address: Name of Trust: Information below is stated on a BPP Liquidating Trust Per unit basis. Please consult Employee ID Number: Your tax advisor. THE FOLLOWING INCOME, DEDUCTIONS AND CREDITS ARE TO BE REPORTED ON THE INCOME TAX RETURNS OF THE BENEFICIARIES OF THE TRUST, IF REQUIRED. TO DETERMINE YOUR SHARE OF THE TRUST S INCOME AND DEDUCTIONS, MULTIPLY THE NUMBER OF THE UNITS YOU OWN BY THE DOLLAR AMOUNTS LISTED BELOW. FEDERAL INFORMATION INCOME INTEREST INCOME $ (ENTER ON FORM 1040, SCHEDULE B, PART I, LINE 1 PASSIVE INCOME (LOSS) FROM PARTNERSHIPS $ ( ) (ENTER ON FORM 1040, SCHEDULE E, PART II) LONG-TERM GAIN (LOSS) FROM PARTNERSHIPS $ (ENTER ON FORM 1040, SCHEDULE D, PART II) DEDUCTIONS OTHER DEDUCTIONS SUBJECT TO 2 PERCENT LIMITATION (ENTER ON FORM 1040, SCHEDULE A, LINE 22) TRUST ADMINISTRATION, LEGAL, ACCOUNTING $ CALIFORNIA INFORMATION INCOME INTEREST INCOME $ PASSIVE INCOME (LOSS) FROM PARTNERSHIPS $ ( ) LONG-TERM GAIN (LOSS) FROM PARTNERSHIPS $ DEDUCTIONS OTHER DEDUCTIONS SUBJECT TO 2 PERCENT LIMITATION

12 Case BLS Doc Filed 03/22/17 Page 4 of 8 TRUST ADMINISTRATION, LEGAL, ACCOUNTING $

13 Case BLS Doc Filed 03/22/17 Page 5 of 8 CDC Liquidation Trust February 28, Beneficiary/Grantor Tax Information Letter The CDC Liquidation Trust ( Trust ) was formed on December 19, 2012, pursuant to the Second Amended Joint Plan of Reorganization for CDC Corporation, which was confirmed by the United States Bankruptcy Court for the Northern District of Georgia on September 6, The Trust is intended to qualify as a Liquidation Trust as described in U. S. Treasury Regulations Section (d) and as further described in Revenue Procedure As such, the Trust is a Grantor Trust within the meaning of U. S. Treasury Regulations Section (a). For U. S. federal income tax purposes, a Grantor Trust reports its annual taxable income and expenses to its beneficiaries. In turn, the Trust beneficiaries are required to report these items of income and expense on their U. S. federal income tax returns. The attached 2013 Beneficiary/Grantor Tax Information Letter reports the actual amounts of the Trust s 2013 income and expenses on a per Trust unit basis. To determine your actual share of the Trust s 2013 income and expenses, you will need to enter your actual number of Trust units held during 2013 in the # Units space provided. You should then multiply the Per Unit amount times the actual number of Trust units that you held during 2013 and entered in the # Units space. The result of this computation will be the Total Reportable Amount for each type of Trust income and expense for the 2013 Trust taxable year. For U. S. individual taxpayers, the appropriate federal income tax form references are provided for each item of income and expense on the 2013 Beneficiary/Grantor Tax Information Letter. All unit holders should consult their tax advisors regarding the proper tax reporting for their respective share of the items of Trust income and expenses for 2013.

14 Case BLS Doc Filed 03/22/17 Page 6 of 8 TRUST NAME: CDC LIQUIDATION TRUST TRUST I.D. NUMBER: MARCUS A. WATSON, TRUSTEE P.O. BOX ATLANTA, GA BENEFICIARY/GRANTOR TAX INFORMATION LETTER BENEFICIARY/GRANTOR: FEDERAL TAX I.D. NUMBER: TAX YEAR BEGINNING 01/01/13 ENDING 12/31/13 I N C O M E ORDINARY DIVIDENDS QUALIFIED Per Unit # Units Total Reportable Amount (U.S. TAXPAYERS, ENTER ON FORM 1040, LINE 9B) TOTAL FOR YEAR Per Unit # Units Total Reportable Amount (U.S. TAXPAYERS, ENTER ON FORM 1040, LINE 9A) OTHER TAX EXPENSE Per Unit # Units Total Reportable Amount (U. S. TAXPAYERS, ENTER THE ABOVE ON SCHEDULE A, IF APPLICABLE) ATTORNEY, ACCOUNTANT AND PREPARER'S FEES Per Unit # Units Total Reportable Amount (U. S. TAXPAYERS, ENTER THE ABOVE ON SCHEDULE A, IF APPLICABLE) OTHER DEDUCTIONS SUBJECT TO 2% AGI D E D U C T I O N S Per Unit # Units Total Reportable Amount (U. S. TAXPAYERS, ENTER THE ABOVE ON SCHEDULE A, IF APPLICABLE) S T A T E I N C O M E T A X I N F O R M A T I O N FOR GEORGIA STATE INCOME TAX PURPOSES: THE ABOVE ITEMS ARE USED IN CALCULATING YOUR FEDERAL ADJUSTED GROSS INCOME. THE FOLLOWING ITEMS, IF ANY, ARE MODIFICATIONS OF THAT INCOME. IF YOU HAVE ANY QUESTIONS, YOU SHOULD CONSULT YOUR TAX COUNSEL. ADJUSTMENTS TO FEDERAL AMOUNTS: n/a NONE Per Unit # Units Total Reportable Amount

15 Case BLS Doc Filed 03/22/17 Page 7 of 8 REMEC LIQUIDATING TRUST 2011 GRANTOR TAX LETTER This letter provides Federal income tax information to Beneficiaries of the REMEC Liquidating Trust (the Trust ) in accordance with the Liquidating Trust Agreement between REMEC, Inc. and Richard A. Sackett, Trustee. The attached Grantor Statement of Income/(Loss) (the Statement ) is intended to provide tax information that a Beneficiary is required to include in the Beneficiary s Federal income tax return for the tax year ending December 31, You will not be issued a 2011 Form 1099-MISC. This letter and attached Statement, as well as other information about the Trust, can be found on the Trust website, Status of the Trust Effective January 1, 2011, REMEC Inc., transferred its then remaining assets and liabilities to the Trustee to hold in trust for the Beneficiaries in accordance with the terms of the Trust Agreement. The Trust commenced operations on January 1, 2011.The purpose of the Trust is to complete the winding-up of the affairs of REMEC, Inc. and distribute the proceeds therefrom to the Beneficiaries. In 2011, the Trustee conducted activities consistent with the Trust purposes and in doing so realized certain income and incurred certain expenses, which are reflected on the attached Statement. Further information on the Trust activities in 2011 will be set forth in the Trust s annual report under SEC Form 10-K which will be filed by the Trust on or before March 30, General Tax Information For Federal income tax purposes, the Trust is treated as a "grantor" trust. As such, the Trust itself is not subject to Federal income tax. Instead, each Beneficiary will be treated as having a direct interest in an allocable pro rata share of each asset and liability of the Trust. As a result, an allocable portion of all items of Trust income, deductions and credits must be reported by Beneficiaries on their income tax return(s). The attached Statement has been prepared on a per-unit basis. Accordingly, each Beneficiary should use the number of Beneficial Units held by them to determine their individual tax impact. The tax information in this letter is for general informational purposes only and does not address all possible tax considerations that may be material to a Beneficiary and does not constitute legal or tax advice. Moreover, it does not deal with all tax aspects that might be relevant to a Beneficiary, in light of its personal circumstances, nor does it deal with particular types of Beneficiaries that are subject to special treatment under the federal income tax laws. The state, local and foreign tax consequences of any items of income, gain, loss, deduction or credit of the Trust may be treated differently for state, local and foreign tax purposes than for federal income tax purposes. To ensure compliance with requirements imposed by the Internal Revenue Service, any tax information contained in this letter is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. The Trustee cannot and does not provide income tax advice or guidance; Beneficiaries are urged to consult with their tax advisers as to their individual tax consequences. If you have any questions, please refer to the Trust's website at or write to: Richard A. Sackett, Trustee REMEC Liquidating Trust Scripps Summit Court, Suite 143 San Diego, CA Richard.sackett@remec.com 1

16 Case BLS Doc Filed 03/22/17 Page 8 of 8 REMEC LIQUIDATING TRUST EMPLOYER ID NUMBER: STATEMENT OF INCOME/(LOSS) YEAR ENDED DECEMBER 31, 2011 In Whole Dollars Per Unit Per 1,000 Units Interest Income $ 5, $ $ (Enter on Form 1040, Schedule B, Part I, Line 1) Passive Income (Loss) from Estates and Trust Income Other income 8, Total Passive Income 8, Expenses Workers Compensation 30, Bank Charges 26, Office Supplies 2, Postage Travel 4, Meals & Entertainment (@50%) Outside Services 40, Insurance Total Passive Expenses 105, Total Passive Income (Loss) from Estates and Trust (97,459.65) $ (0.0032) $ (3.2453) (Enter on Form 1040, Schedule E, Part III) Miscellaneous Deductions Subject to 2% Limitation Legal fees 10, Total Miscellaneous Deductions Subject to 2% Limitation $ 10, $ $ (Enter on Form 1040, Schedule A, Lines 22 & 23) Total Beneficiary Units Outstanding 30,030,830 Total Distributions During 2011 $ - $ - $ - 2

17 Case BLS Doc Filed 03/22/17 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: DNIB UNWIND, INC. (f/k/a BIND THERAPEUTICS, INC.), et al., 1 Post-Effective Debtor. Chapter 11 Case No (BLS) (Jointly Administered) Hearing Date: TBD Obj. Deadline: April 5, 2017 at 4:00 p.m. (ET) B.E. CAPITAL MANAGEMENT FUND LP S MOTION FOR DETERMINATION THAT THE TRUSTEE S CONDITIONING OF DISTRIBUTIONS TO SHAREHOLDERS ON THEIR SUBMISSION OF EQUITY DISTRIBUTION FORM VIOLATES THE PLAN, OR, ALTERNATIVELY, IS AN IMPERMISSIBLE PLAN MODIFICATION PLEASE TAKE NOTICE that on March 22, 2017, B.E. Capital Management Fund LP, on behalf of itself and others similarly situated, filed a motion for determination that the conditioning by Geoffrey L. Berman, as liquidating trustee of the trust established under the chapter 11 plan of the above-named Debtors, of distributions to shareholders on their submission of an Equity Distribution Form violates the Plan, or alternatively, is an impermissible Plan modification (the Motion ) 2 with the United States Bankruptcy Court for the District of Delaware, 824 Market Street, 3rd Floor, Wilmington, Delaware (the Bankruptcy Court ). A copy of the Motion is attached hereto. PLEASE TAKE FURTHER NOTICE that any responses or objections to the Motion must be in writing, filed with the Clerk of the Bankruptcy Court and served upon and received by the undersigned proposed counsel for the Debtors on or before 4:00 p.m. (Eastern Time) on April 5, The Post-Effective Date Debtor s U.S. federal tax identification number is: DNIB Unwind, Inc. (f/k/a BIND Therapeutics, Inc.) (6148). The address for the Post-Effective Date Debtor is c/o Development Specialists, Inc., 333 South Grand Avenue, Suite 4070, Los Angeles, CA Capitalized terms used herein but not otherwise defined take the meanings ascribed to them in the Motion.

18 Case BLS Doc Filed 03/22/17 Page 2 of 2 PLEASE TAKE FURTHER NOTICE that if any objections are received, the Motion and such objections shall be considered at a hearing before the Honorable Brendan L. Shannon, United States Bankruptcy Judge for the District of Delaware, at the Bankruptcy Court, 824 Market Street, 6th Floor, Courtroom 1, Wilmington, Delaware 19801, at a date to be determined. PLEASE TAKE FURTHER NOTICE THAT IF NO OBJECTIONS TO THE MOTION ARE TIMELY FILED, SERVED AND RECEIVED IN ACCORDANCE WITH THIS NOTICE, THE COURT MAY GRANT THE RELIEF REQUESTED IN THE MOTION WITHOUT FURTHER NOTICE OR HEARING. Dated: March 22, 2017 Wilmington, Delaware KLEIN LLC /s/ Julia Klein Julia B. Klein (DE 5198) 919 North Market Street Suite 600 Wilmington, Delaware (302) klein@kleinllc.com Attorneys for Plaintiff and the Putative Class 2