Case 17-11933-KJC Doc 49 Filed 09/13/17 Page 1 of 6 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: ) Chapter 11 VITAMIN WORLD, INC., etal., ) Case No. 17-11933 (KJC) Debtors. 1 ) Joint Administration Requested ) Re: Docket No. 42 NOTICE OF AMENDED 2AGENDA FOR HEARING ON FIRST DAY MOTIONS SCHEDULED FOR SEPTEMBER 14, 2017 AT 9:00 A.M. (PREVAILING EASTERN TIME) BEFORE THE HONORABLE KEVIN J. CAREY, U.S. BANKRUPTCY COURT JUDGE3'4 This agenda sets forth items in the order they appear in the first day motions binders delivered to the Court. The status of each is set forth below. 1. Voluntary Petitions A. Vitamin World, Inc., Case No. 17-11933 B. VWRE Holdings, Inc., Case No. 17-11934 C. VW Interholdings, Inc., Case No. 17-11935 D. VW Online, Inc., Case No. 17-11936 E. Precision Engineered Limited (USA), Case No. 17-11937 F. Vitamin World (V.I.), Inc., Case No. 17-11938 G. Vitamin Depot, LLC, Case No. 17-11939 2 3 Debtors in these chapter 11 cases, along with the last four digits of each Debtor's federal tax identification number, are: Vitamin World, Inc. (2283); VWRE Holdings, Inc. (8915); VW Interholdings, Inc. (4744); VW Online, Inc. (8763); Precision Engineered Limited (USA) (0916); Vitamin World (V.I.), Inc. (9839); Vitamin Depot, LLC (6747); Vitamin World of Guam, LLC (2056); and Nutrition Warehouse, Inc. (5095). Debtors' mailing address is 4320 Veterans Highway, Holbrook, NY 11741. All Amended Agenda items appear in bold. The hearing will be held at the United States Bankruptcy Court for the District of Delaware, 824 Market Street, 5th Floor, Courtroom 5, Wilmington, Delaware 19801. 4 Parties who are unable to attend a hearing may request telephonic participation by contacting CourtCall toll free by phone (866-582-6878) or by facsimile (866-533-2946). 667840.1 09/13/2017
Case 17-11933-KJC Doc 49 Filed 09/13/17 Page 2 of 6 H. Vitamin World of Guam, LLC, Case No. 17-11940 I. Nutrition Warehouse, Inc., Case No. 17-11941 2. Declaration of Frank Conley in Support of Debtors Chapter 11 Petitions and First Day Motions [D.I. 2; filed: Status: The declaration will be relied upon as evidentiary support for the first day matters listed below. First Day Administrative and Procedural Motions 3. Motion of Debtors for Entry of Order Directing Joint Administration of Chapter 11 Cases Pursuant to Bankruptcy Rule 1015(b) [DI 3; filed: 09/12/171 4. Motion of the Debtors for an Order Authorizing Debtors to (I) File a Consolidated List of Creditors, and (II) File a Consolidated List of Debtors' Thirty Creditors Holding Largest Unsecured Claims [D.I. 4; filed: First Day Motions Pertaining to Business Operation 5. Motion of Debtors for Interim and Final Orders (I) Authorizing (A) Continuation of Existing Cash Management System, (B) Maintenance of Existing Business Forms and Bank Accounts, (C) Continuation of Intercompany Transactions, and (D) Payment of Related Prepetition Obligations Pursuant to Sections 105(a), 363(b), and 363(c) of Bankruptcy Code and Bankruptcy Rules 6003 and 6004 and (II) Waiving Requirements of Section 345(b) of Bankruptcy Code [D.I. 5; filed: 6. Motion of Debtors for Interim and Final Orders (I) Authorizing Payment of Certain Prepetition Taxes and Assessments and (II) Directing Financial Institutions to Honor and Process Related Checks and Transfers Pursuant to Sections 105(a), 363(b), 507(a), and 541 of the Bankruptcy Code and Bankruptcy Rules 6003 and 6004 [D.I. 6; filed: 667840.1 09/13/2017 2
Case 17-11933-KJC Doc 49 Filed 09/13/17 Page 3 of 6 7. Motion of Debtors for Entry of Interim and Final Orders: (A) Authorizing, But Not Directing, Debtors to (1) Pay Certain Accrued Prepetition Wages, (2) Permit Employees to Use Accrued Prepetition Vacation Time, (3) Pay Employees' Prepetition Reimbursable Business Expenses, (4) Make Accrued Prepetition Contributions to Employee Benefit Plans, and (5) Continue Employee Benefit Plans; (B) Authorizing Related Relief; and (C) Authorizing, But Not Directing, the Release of Withheld Taxes and Employee Contributions [D.I. 7; filed: Related Documents: A. Amended Motion of Debtors for Entry of Interim and Final Orders: (A) Authorizing, But Not Directing, Debtors to (1) Pay Certain Accrued Prepetition Wages, (2) Permit Employees to Use Accrued Prepetition Vacation Time, (3) Pay Employees' Prepetition Reimbursable Business Expenses, (4) Make Accrued Prepetition Contributions to Employee Benefit Plans, and (5) Continue Employee Benefit Plans; (B) Authorizing Related Relief; and (C) Authorizing, But Not Directing, the Release of Withheld Taxes and Employee Contributions [D.I. 47; filed: 8. Motion of Debtors for Interim and Final Orders (I) Approving Proposed Form of Adequate Assurance of Payment to Utility Companies, (II) Establishing Procedures for Resolving Objections By Utility Companies, and (III) Prohibiting Utility Companies From Altering, Refusing, or Discontinuing Service Pursuant to Sections 105(a) and 366 of the Bankruptcy Code [D.I. 8; filed: 9. Motion of Debtors for Entry of Interim and Final Orders (I) Authorizing Debtors to Honor Certain Prepetition Customer Programs in the Ordinary Course of Business and (II) Granting Certain Related Relief [D.I. 9; filed: 09/12/171 10. Motion of Debtors for Interim and Final Orders (I) Approving the Payment of Certain Prepetition Shipping Charges and (II) Granting Certain Related Relief [D.I. 10; filed: 11. Motion of Debtors for Interim and Final Orders (I) Authorizing Debtors to (A) Continue Insurance Programs and (B) Pay All Obligations With Respect Thereto; (II) Authorizing Financial Institutions to Honor and Process Related Checks and Transfers; and 667840.1 09/13/2017 3
Case 17-11933-KJC Doc 49 Filed 09/13/17 Page 4 of 6 (III) Modifying the Automatic Stay with Respect to the Workers' Compensation Program Pursuant to Sections 105(a), 362, 363(b), 507(a), and 541 of the Bankruptcy Code and Bankruptcy Rules 4001, 6003, and 6004 [D.I. 11; filed: 12. Motion of the Debtors for Entry of Interim and Final Orders Authorizing the Payment of Certain Prepetition Claims of Critical Vendors and Granting Related Relief [D.I. 12; filed: Retention Applications 13. Application of Debtors for Order Authorizing Retention and Employment of JND Corporate Restructuring as Claims and Noticing Agent to the Debtors Nunc Pro Tunc to the Petition Date Pursuant to 28 U.S.C. 156(c) and Local Rule 2002-1(f) [D.I. 13; filed: 14. Application of Debtors for Order Authorizing Retention and Employment of JND Corporate Restructuring as Administrative Agent to the Debtors Nunc Pro Tunc to the Petition Date Pursuant to Section 327(a) of the Bankruptcy Code, Bankruptcy Rule 2014, and Local Rule 2014-1 [D.I. 14; filed: Status: The Debtors will seek scheduling of a hearing on the Application. Additional Motions 15. Motion of Debtors for Entry of Order Authorizing the (I) Amendment and Assumption of Transition Services Agreement; (II) Assumption of Management Agreement; (III) Rejection of Supply Agreement and (IV) Compromise of Certain Claims in Connection Therewith [D.I. 15; filed: Status: This matter is going forward as to certain relief requested in the Motion. The Debtors will seek a final hearing on other relief requested. 16. Debtors' Motion for an Order (I) Authorizing the Rejection of Certain Executory Contracts and Unexpired Leases and(ii) Granting Certain Related Relief [D.I. 16; filed: Status: The Debtors have filed a motion for expedited consideration of this Motion and will be requesting a 667840.1 09/13/2017 4
Case 17-11933-KJC Doc 49 Filed 09/13/17 Page 5 of 6 17. Motion of the Debtors for Expedited Consideration of Debtors' Motion for an Order (I) Authorizing the Rejection of Certain Executory Contracts and Unexpired Leases and(ii) Granting Certain Related Relief [D.I. 17; filed: 18. Debtors Motion for Entry of an Order Authorizing the Employment and Compensation of Certain Business Professionals Utilized in the Ordinary Course of Business, Nunc Pro Tunc to the Petition Date [D.I. 18; filed: Status: The Debtors will seek scheduling of a 19. Debtors' Motion for Entry of an Order (A) Establishing Procedures for Resolving Reclamation Demands and (B) Granting Certain Related Relief [D.I. 19; filed: Status: The Debtors will seek scheduling of a 20. Motion of Debtors for or Entry of an Order Extending the Time Within Which Debtors Must File Their (I) Schedules of Assets and Liabilities; (II) Schedules of Executory Contracts and Unexpired Leases and (III) Statements of Financial Affairs [D.I. 20; filed: Status: The Debtors will seek scheduling of a Financing Motion 21. Debtors' Motion for Entry of Interim and Final Orders Pursuant to 11 U.S.C. 105, 361, 362, 363, 364, and 507 and Fed. R. Bankr. P. 2002, 4001 and 9014 (I) Authorizing Debtors and Debtors in Possession to Obtain Post-Petition Financing, (II) Authorizing Use of Cash Collateral, (III) Granting Liens and Super-Priority Claims, (IV) Granting Adequate Protection to Prepetition Lenders, (V) Modifying the Automatic Stay, (VI) Scheduling a Final Hearing, and (VII) Granting Related Relief [D.I. 21; filed: hearing on the Financing Motion. 667840.1 09/13/2017 5
Case 17-11933-KJC Doc 49 Filed 09/13/17 Page 6 of 6 Dated: September 13, 2017 SAUL EWING ARNSTEIN & LEHR LLP Mark Minuti (DE Bar No. 2659) Monique B. DiSabatino (DE Bar No. 6027) 1201 N. Market Street, Suite 2300 P.O. Box 1266 Wilmington, DE 19899-1266 Telephone: (302) 421-6840 Facsimile: (302) 421-5873 mark.minuti@saul.com monique.disabatino@saul.com -and- KATTEN MUCHIN ROSENMAN LLP Peter A. Siddiqui (pro hac vice pending) Paige E. Barr (pro hac vice pending) Allison E. Thompson (pro hac vice pending) 525 W. Monroe Street Chicago, IL 60661 Telephone: (312) 902-5200 Facsimile: (312) 902-1061 peter.siddiqui@kattenlaw.com paige.barr@kattenlaw.com allison.thompson@kattenlaw.com Proposed Attorneys for Debtors and Debtors in Possession 667840.1 09/13/2017 6