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Page 1: Case 16-11452-KJC Doc 973 Filed 11/14/16 Page 1 of 32 · draw another circle, llc - service list to e-mail recipients served 10/24/2016 dave walker email address redacted edward pehan

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Served 10/24/2016Draw Another Circle, LLC - Service List to e-mail Recipients

DAVE WALKEREMAIL ADDRESS REDACTED

EDWARD PEHANEMAIL ADDRESS REDACTED

JAMES DOYLE EMAIL ADDRESS REDACTED

JAN MOONS EMAIL ADDRESS REDACTED

JEFFREY W. BIESZCZAKEMAIL ADDRESS REDACTED

JUSTIN TUBBSEMAIL ADDRESS REDACTED

LINDA GOMEZEMAIL ADDRESS REDACTED

LYN KING-SISCOEMAIL ADDRESS REDACTED

MARY KENNEDY EMAIL ADDRESS REDACTED

MERI GAUDIDO EMAIL ADDRESS REDACTED

NAME NOT PROVIDEDEMAIL ADDRESS REDACTED

NAME NOT PROVIDEDEMAIL ADDRESS REDACTED

NAME NOT PROVIDEDEMAIL ADDRESS REDACTED

NAME NOT PROVIDEDEMAIL ADDRESS REDACTED

NICOLE WILCOXEMAIL ADDRESS REDACTED

ROBERT SORENSON EMAIL ADDRESS REDACTED

VALERIE PARK EMAIL ADDRESS REDACTED

VERLIN PFANNENSTIEL EMAIL ADDRESS REDACTED

Parties Served: 18

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Served 10/25/2016Draw Another Circle, LLC - Service List to e-mail Recipients

BART BALCHEMAIL ADDRESS REDACTED

CHRIS ALANMANEMAIL ADDRESS REDACTED

JASON AVERY EMAIL ADDRESS REDACTED

LIBBY JONESEMAIL ADDRESS REDACTED

LISA JOHNSONEMAIL ADDRESS REDACTED

LYN KING SOTO EMAIL ADDRESS REDACTED

NAME NOT PROVIDED EMAIL ADDRESS REDACTED

SHAWN RICHARDSONEMAIL ADDRESS REDACTED

THE PSYCHIC CONNECTIONSEMAIL ADDRESS REDACTED

Parties Served: 9

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Served 10/26/2016Draw Another Circle, LLC - Service List to e-mail Recipients

ADAM NORDWALLEMAIL ADDRESS REDACTED

ALLISON CASEEMAIL ADDRESS REDACTED

ANNE FEDEREREMAIL ADDRESS REDACTED

AUDREY WOODEMAIL ADDRESS REDACTED

BENJAMIN FENTONEMAIL ADDRESS REDACTED

BETTY SHUGARTEMAIL ADDRESS REDACTED

BILL FUNKEMAIL ADDRESS REDACTED

BROOKE BURNETTEMAIL ADDRESS REDACTED

BROOKE STOKEREMAIL ADDRESS REDACTED

CAMI RYANEMAIL ADDRESS REDACTED

CARLA O'KELLEYEMAIL ADDRESS REDACTED

COREY CHAPLINEMAIL ADDRESS REDACTED

DANIAL WIRTHEMAIL ADDRESS REDACTED

DAVE WALKEREMAIL ADDRESS REDACTED

DEBBIE PETERSENEMAIL ADDRESS REDACTED

DEBORAH WALKEREMAIL ADDRESS REDACTED

DIANE F. PETERSEMAIL ADDRESS REDACTED

DONNA DELACRUZEMAIL ADDRESS REDACTED

ETHANEMAIL ADDRESS REDACTED

FRED DEVICTOREMAIL ADDRESS REDACTED

HOLLY JOHNSONEMAIL ADDRESS REDACTED

JEFF BIZSERACEMAIL ADDRESS REDACTED

JENNIFER JACKSONEMAIL ADDRESS REDACTED

JENNIFER LOPEZEMAIL ADDRESS REDACTED

JOE SALLEEEMAIL ADDRESS REDACTED

JOHN A SHEARDEMAIL ADDRESS REDACTED

JON HILDAHLEMAIL ADDRESS REDACTED

JON TRASKEMAIL ADDRESS REDACTED

JONATHAN A. TUTTEMAIL ADDRESS REDACTED

JOSEPH MANNINGEMAIL ADDRESS REDACTED

JOSH JARRETTEMAIL ADDRESS REDACTED

KARENE UNRUHEMAIL ADDRESS REDACTED

KATHERINE POLSTONEMAIL ADDRESS REDACTED

KEVIN RUSSELLEMAIL ADDRESS REDACTED

LISA ARMIJOEMAIL ADDRESS REDACTED

LISA HARDESTYEMAIL ADDRESS REDACTED

LORI CLARKEMAIL ADDRESS REDACTED

LORRIE CROCKETTEMAIL ADDRESS REDACTED

LOU ANN TIMMONSEMAIL ADDRESS REDACTED

LUIS NEVESEMAIL ADDRESS REDACTED

LUKE WAGNEREMAIL ADDRESS REDACTED

LYNN B LEMEILLEUREMAIL ADDRESS REDACTED

LYNNE SKINNEREMAIL ADDRESS REDACTED

MANUSSAWART KAENTONGEMAIL ADDRESS REDACTED

MARY SLOCOMBEEMAIL ADDRESS REDACTED

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Served 10/26/2016Draw Another Circle, LLC - Service List to e-mail Recipients

MELISSA MOHLMANEMAIL ADDRESS REDACTED

MELISSA MUNOZEMAIL ADDRESS REDACTED

MICHAEL D HARMOUNTEMAIL ADDRESS REDACTED

MICHAELA EDSONEMAIL ADDRESS REDACTED

MITZI HOODEMAIL ADDRESS REDACTED

PAIGE SUMERSEMAIL ADDRESS REDACTED

PAMELA HENRYEMAIL ADDRESS REDACTED

ROSS F BLACKEMAIL ADDRESS REDACTED

RYAN SMITHEMAIL ADDRESS REDACTED

SHELLY GIORGISEMAIL ADDRESS REDACTED

SUSAN EIKEREMAIL ADDRESS REDACTED

SYLVIA PEOPLESEMAIL ADDRESS REDACTED

TOM BURNSEMAIL ADDRESS REDACTED

TONYA MALLINEMAIL ADDRESS REDACTED

TRAVIS AND/OR HELEN HATTEREMAIL ADDRESS REDACTED

TRISHA RUHLEMAIL ADDRESS REDACTED

VICTORIA JANETTE CLENDENINGEMAIL ADDRESS REDACTED

Parties Served: 62

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Served 10/27/2016Draw Another Circle, LLC - Service List to e-mail Recipients

BETTY SEELYEMAIL ADDRESS REDACTED

BLAIN PURTLEEMAIL ADDRESS REDACTED

CHRISTINA WOODRUFF EMAIL ADDRESS REDACTED

CHRISTINA YEMAIL ADDRESS REDACTED

DALTON GRAPEMAIL ADDRESS REDACTED

DANIEL CHAVEZEMAIL ADDRESS REDACTED

DAVID L. HUTTONEMAIL ADDRESS REDACTED

DIANE DISRUDEEMAIL ADDRESS REDACTED

JANE POOREEMAIL ADDRESS REDACTED

JOSEPHINE SANTILLANOEMAIL ADDRESS REDACTED

MICHAEL BURTONEMAIL ADDRESS REDACTED

NAN JOHNSONEMAIL ADDRESS REDACTED

SHAUN LUTTONEMAIL ADDRESS REDACTED

SHERRI FELLARS EMAIL ADDRESS REDACTED

STEPHANIE ESTORGAEMAIL ADDRESS REDACTED

TIM CHRISTENSENEMAIL ADDRESS REDACTED

TINTAWI KAIGZIABIHER EMAIL ADDRESS REDACTED

TRACEY HEARNSEMAIL ADDRESS REDACTED

Parties Served: 18

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Served 10/28/2016Draw Another Circle, LLC - Service List to e-mail Recipients

AMY RIVERA EMAIL ADDRESS REDACTED

AMY RIVERA EMAIL ADDRESS REDACTED

CHARLES BYERSEMAIL ADDRESS REDACTED

NAME NOT PROVIDEDEMAIL ADDRESS REDACTED

SAMUEL ROYBAL EMAIL ADDRESS REDACTED

Parties Served: 5

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Served 10/28/2016Draw Another Circle, LLC - U.S. Mail

CHARLES SICKLERADDRESS REDACTED

JASON JOHNSONADDRESS REDACTED

PATHLIGHT CAPITAL LLC, AS AGENTADDRESS REDACTED

Parties Served: 3

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IN THE UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF DELAWARE

In re DRAW ANOTHER CIRCLE, LLC, et al.,1

Debtors.

Chapter 11 Case No.: 16-11452 (KJC) (Jointly Administered)

NOTICE OF DEADLINES FOR THE FILING OF

PROOFS OF CLAIM INCLUDING CLAIMS UNDER SECTION 503(b)(9)

OF THE BANKRUPTCY CODE AND ADMINISTRATIVE

EXPENSE CLAIMS ARISING ON OR BEFORE AUGUST 31, 2016

TO: ALL PERSONS AND ENTITIES WHO MAY HAVE CLAIMS AGAINST

THE ABOVE-CAPTIONED DEBTORS:

PLEASE TAKE NOTICE THAT:

On June 13, 2016 (the “Petition Date”), each of the Debtors filed a voluntary

petition for relief under chapter 11 of 11 U.S.C. §§ 101 et seq. (the “Bankruptcy Code”) in the United States Bankruptcy Court for the District of Delaware (the “Court”).

On September 6, 2016 the Court entered an order [Docket No. 670] (the “Bar

Date Order”) establishing certain dates by which parties holding prepetition claims against the Debtors must file proofs of claim (“Proofs of Claim”).

For your convenience, enclosed with this notice (the “Notice”) is a Proof of Claim

Form, which identifies on its face the amount, nature, and classification of your claim(s), if any, listed in the Debtors’ schedules of assets and liabilities filed in these cases [Docket Nos. 271-275] (the “Schedules”). Also enclosed is an Administrative Expense Claim Form for claims that first arose (or, only in the case of unexpired leases of real and personal property, accrued) on or after the Petition Date through August 31, 2016, including, but not limited to, claims under sections 365(d)(3), 365(d)(5), or 503(b)(1) through (8) of the Bankruptcy Code (“Administrative Expense Claims”)

As used in this Notice, the term “entity” has the meaning given to it in section

101(15) of the Bankruptcy Code, and includes all persons, estates, trusts, governmental units, and the Office of the United States Trustee for the District of Delaware. In addition, the terms 1 The Debtors and the last four digits of their respective federal taxpayer identification numbers are as follows: Draw Another Circle, LLC (2102); Hastings Entertainment, Inc. (6375); MovieStop, LLC (9645); SP Images, Inc. (7773); and Hastings Internet, Inc. (0809). The Debtors’ executive headquarters are located at 3601 Plains Boulevard, Amarillo, TX 79102.

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“persons” and “governmental units” are defined in sections 101(41) and 101(27) of the Bankruptcy Code, respectively.

As used in this Notice, the term “claim” means, as to or against the Debtors and in

accordance with section 101(5) of the Bankruptcy Code: (a) any right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or (b) any right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured.

I. THE BAR DATES.

The Bar Date Order establishes the following bar dates for filing Proofs of Claim

in these chapter 11 cases (the “Bar Dates”).

The Claims Bar Date. Pursuant to the Bar Date Order, except as described below, all entities holding claims against the Debtors that arose or are deemed to have arisen prior to the commencement of these cases on the Petition Date are required to file Proofs of Claim by the Claims Bar

Date of October 28, 2016 at 5:00 p.m. (prevailing Eastern Time). The Claims Bar Date applies to all types of claims against the Debtors that arose prior to the Petition Date, including secured claims, unsecured priority claims (including any claim asserting priority under section 503(b)(9) of the Bankruptcy Code (a “503(b)(9) Claim”), unsecured non-priority claims (including claims alleging a right of setoff (a “Setoff Claim”)), and rejection damage claims for executory contracts and unexpired leases that have already been rejected by order of the Court in in these chapter 11 cases. The Administrative Expense Claim Bar Date. Pursuant to the Bar Date Order, except as described below, all entities holding claims of any kind (excluding, for the avoidance of doubt, claims arising under section 503(b)(9) of the Bankruptcy Code) that first arose (or, only in the case of unexpired leases of real and personal property, accrued) on or after the Petition Date through August 31, 2016, including, but not limited to, claims under sections 365(d)(3), 365(d)(5), or 503(b)(1) through (8) of the Bankruptcy Code, are required to

file an Administrative Expense Claim by October 28, 2016 at 5:00 p.m.

(prevailing Eastern Time). The Governmental Bar Date. Pursuant to the Bar Date Order, all governmental units holding claims against the Debtors that arose or are deemed to have arisen prior to the commencement of these cases on the Petition Date are required to file Proofs of Claim by the Governmental

Bar Date of December 12, 2016 at 5:00 p.m. (prevailing Eastern Time).. The Governmental Bar Date applies to all governmental units holding claims against the Debtors (whether secured, unsecured priority, or unsecured non-priority) that arose prior to the Petition Date, including,

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without limitation, governmental units with claims against the Debtors for unpaid taxes, whether such claims arise from prepetition tax years or periods or prepetition transactions to which any Debtor was a party.

II. WHO MUST FILE A PROOF OF CLAIM.

Except as otherwise set forth herein, the following entities holding claims against

the Debtors that arose (or that are deemed to have arisen) prior to the Petition Date must file Proofs of Claim on or before the Claims Bar Date, Governmental Bar Date, Administrative Expense Claim Bar Date or any other bar date set forth in the Bar Date Order, as applicable:

any entity (i) whose prepetition claim against a Debtor is not listed in the

applicable Debtor’s Schedules or is listed as disputed, contingent, or unliquidated, and (ii) that desires to participate in any of these chapter 11 cases or share in any distribution in any of these chapter 11 cases;

any entity that believes that its prepetition claim is improperly classified in the Schedules or is listed in an incorrect amount or against an incorrect Debtor and that desires to have its claim allowed in a classification or amount or against a Debtor that differs from the classification, amount, or Debtor identified in the Schedules;

any entity that believes it holds a (i) 503(b)(9) Claim or (ii) Setoff Claim; and

any entity that asserts an Administrative Expense Claim..

III. PARTIES WHO DO NOT NEED TO FILE PROOFS OF CLAIM.

Certain parties are not required to file Proofs of Claim. The Court may, however,

enter one or more separate orders at a later time requiring creditors to file Proofs of Claim for one or more of the following types of claims and setting related deadlines. If the Court does enter such an order, you will receive notice of it. The following entities holding claims that would otherwise be subject to the Bar Dates need not file Proofs of Claim:

any entity that already has filed a signed Proof of Claim against the Debtors

with the Clerk of the Bankruptcy Court for the District of Delaware or the Debtors’ claims and noticing agent, Rust Consulting/Omni Bankruptcy (“Rust/Omni”) in a form substantially similar to Official Bankruptcy Form 410;

any entity whose claim is listed on the Schedules if (i) the claim is not scheduled as “disputed,” “contingent,” or “unliquidated;” and (ii) such entity agrees with the amount, nature, and priority of the claim as set forth in the Schedules;

a holder of a claim that previously has been allowed by order of the Court;

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a holder of a claim that has been paid in full by the Debtors pursuant to the

Bankruptcy Code or in accordance with an order of the Court;

any wholly-owned affiliate of the Debtors having a claim against the Debtors;

a current employee, officer, or director of the Debtors, if an order of this Court authorized the Debtors to honor such claim in the ordinary course of business as a wage or benefit and such ordinary course claim has been paid; provided, however, that a current employee must submit a Proof of Claim by the Claims Bar Date for all other claims arising before the Petition Date, including claims for wrongful termination, discrimination, harassment, hostile work environment, and/or retaliation;

any holder of a claim for which a separate deadline is fixed by this Court; and

Any entity holding an interest in the Debtors (an “Interest Holder”), which interest is based exclusively upon the ownership of: (a) a membership interest in a limited liability company; (b) common or preferred stock in a corporation; or (c) warrants or rights to purchase, sell or subscribe to such a security or interest (any such security or interest being referred to herein as an “Interest”), need not file a proof of interest on or before the General Bar Date; provided, however, Interest Holders who want to assert claims against the Debtors that arise out of or relate to the ownership or purchase of an Interest, including claims arising out of or relating to the sale, issuance or distribution of the Interest, must file a claim by the applicable Bar Date, unless another exception identified in this order applies.

IV. INSTRUCTIONS FOR FILING PROOFS OF CLAIM.

The following requirements shall apply with respect to filing and preparing

each Proof of Claim: Contents. Each Proof of Claim must (i) be written in English; (ii) identify

the particular Debtor against which the claim is asserted; (iii) include a claim amount denominated in United States dollars; (iv) conform substantially with the Proof of Claim Form provided by the Debtors or Official Form 410; and (v) be signed by the claimant or by an authorized agent or legal representative of the claimant.

Original Signatures Required. If filed by U.S. Mail, overnight mail, or other hand delivery system, only original Proofs of Claim may be deemed acceptable for purposes of claims administration. If filed electronically using Rust/Omni’s interface, electronic signatures may be deemed acceptable for the purposes of claims administration. Copies of Proofs of Claim or Proofs of Claim sent by facsimile or electronic mail will not be accepted.

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Supporting Documentation. Each Proof of Claim must include supporting

documentation in accordance with Bankruptcy Rules 3001(c) and 3001(d). If, however, such documentation is voluminous, such Proof of Claim may include a summary of such documentation or an explanation as to why such documentation is not available.

Timely Service. Each Proof of Claim including supporting documentation, must be filed either:

(1) by U.S. Mail, overnight mail, or other hand delivery system, so as to be

actually received by Rust/Omni on or before the Claims Bar Date, Administrative Expense Claim Bar Date or the Governmental Bar Date (or, where applicable, on or before any other bar date as set forth herein or by order of the Court) at the following address:

Draw Another Circle d/b/a Hastings Claims Processing

c/o Rust Consulting/Omni Bankruptcy

5955 DeSoto Ave., Suite 100

Woodland Hills, CA 91367

or

(2) electronically using the interface available on Rust/Omni’s website at www.hastingsbankruptcy.com. To file a claim online, you must register to access the online submission account page on Rust/Omni’s website: (http://www.Omnimgt.com/hastingsbardate). A working email address is necessary to register for online claims submission. Once registered, registrants will receive an email message that contains a link to activate the registration. Once activated, registrants may login and submit the claim as described on Rust/Omni’s website.

PROOFS OF CLAIM SUBMITTED BY FACSIMILE OR ELECTRONIC MAIL

WILL NOT BE ACCEPTED.

Receipt of Service. Claimants wishing to receive acknowledgment that their

Proof of Claim was received by Rust/Omni must submit (i) a copy of the Proof of Claim Form (in addition to the original Proof of Claim Form sent to Rust/Omni) and (ii) a self-addressed, stamped envelope.

V. 503(b)(9) CLAIM PROCEDURES.

The following additional procedures shall apply to the filing of any claim under section 503(b)(9) of the Bankruptcy Code (“503(b)(9) Claims Procedures”):

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All entities asserting a 503(b)(9) Claim must use the Proof of Claim Form

attached to this Notice to indicate that a 503(b)(9) Claim is being asserted. As set forth in the Proof of Claim Form, each 503(b)(9) Claim against the Debtors must include: (i) the amount of the 503(b)(9) Claim; (ii) the particular Debtor against which the 503(b)(9) Claim is asserted; (iii) the date of delivery of the goods that the 503(b)(9) claimant contends the Debtor received within 20 days before the Petition Date; (iv) documentation, including without limitation invoices, receipts, bills of lading, or the like, identifying the particular goods for which the 503(b)(9) Claim is being asserted; and (v) an identification of which goods (if any) were subject to a demand for reclamation asserted under section 546 of the Bankruptcy Code.

All of the required information shall be sent to Rust/Omni, substantially in the form of the Proof of Claim Form, so as to be received on or before the Claims Bar Date.

Nothing in these 503(b)(9) Claims Procedures shall affect the rights and remedies and/or defenses of the Debtors, claimants, or any other party in interest with regard to avoidance of any claim or obligation.

VI. CONSEQUENCES OF FAILING TO TIMELY FILE YOUR PROOF OF

CLAIM.

Pursuant to the Bar Date Order and in accordance with Bankruptcy Rule

3003(c)(2), if you or any person or entity who is required, but fails, to file a Proof of Claim in accordance with the Bar Date Order on or before the applicable Bar Date, please be advised that:

YOU WILL BE PRECLUDED FROM RECEIVING ANY DISTRIBUTION

IN THESE CHAPTER 11 CASES ON ACCOUNT OF THAT CLAIM; AND

YOU WILL NOT BE PERMITTED TO VOTE ON ANY PLAN OR PLANS FOR THE DEBTORS ON ACCOUNT OF THAT CLAIM.

VII. AMENDMENTS TO THE DEBTORS’ SCHEDULES.

If, subsequent to the date of this Notice, the Debtors amend or supplement

their Schedules to reduce the undisputed, noncontingent, and liquidated amount of a claim listed in the Schedules, to change the nature or classification of a claim against the Debtors reflected in the Schedules, or to add a new claim to the Schedules, the affected creditor is required to file a Proof of Claim or amend any previously filed Proof of Claim in respect of the amended scheduled claim on or before the later of (a) the Claims Bar Date or the Governmental Bar Date, as applicable, to such claim and (b) 35 days after the date that on which the Debtors provide notice of the amendment to the Schedules (or another time period

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as may be fixed by the Court) as the date by which claimants holding claims affected by the amendment must file Proofs of Claim with respect to such claim.

VIII. RESERVATION OF RIGHTS.

Nothing contained in this Notice is intended to or should be construed as a waiver

of the Debtors’ right to: (a) dispute, or assert offsets or defenses against, any filed claim or any claim listed or reflected in the Schedules as to the nature, amount, liability, or classification thereof; (b) subsequently designate any scheduled claim as disputed, contingent, or unliquidated; and (c) otherwise amend or supplement the Schedules.

IX. THE DEBTORS’ SCHEDULES.

You may be listed as the holder of a claim against the Debtors in the Debtors’

Schedules. If you rely on the Schedules, it is your responsibility to determine that the claim is accurately listed in the Schedules. As described above, if you agree with the nature, amount, and status of your claim as listed in the Schedules, and if your claim is not described as “disputed,” “contingent,” or “unliquidated,” you need not file a proof of claim. Otherwise, or if you decide to file a proof of claim, you must do so before the applicable Bar Date in accordance with the procedures set forth in this Notice.

X. ADDITIONAL INFORMATION.

Copies of the Schedules, the Bar Date Order, and other information regarding these

chapter 11 cases are available for inspection free of charge on Rust/Omni’s website at www.hastingsbankruptcy.com. The Schedules and other filings in these chapter 11 cases also are available for a fee at the Court’s website at http://www.deb.uscourts.gov. A login identification and password to the Court’s Public Access to Court Electronic Records (“PACER”) are required to access this information and can be obtained through the PACER Service Center at http://www.pacer.psc.uscourts.gov. Copies of the Schedules and other documents filed in these cases also may be examined between the hours of 9:00 a.m. and 4:30 p.m., prevailing Eastern Time, Monday through Friday, at the office of the Clerk of the Bankruptcy Court, United States Bankruptcy Court for the District of Delaware, 824 Market Street, 3rd Floor, Wilmington, DE 19801.

If you require additional information regarding the filing of a Proof of Claim, you may

contact the Debtors’ claims agent, Rust/Omni, directly by writing to: Draw Another Circle d/b/a Hastings Claims Processing, c/o Rust Consulting/Omni Bankruptcy, 5955 DeSoto Ave., Suite 100, Woodland Hills, CA 91367.

A HOLDER OF A POSSIBLE CLAIM AGAINST THE DEBTORS

SHOULD CONSULT WITH AN ATTORNEY REGARDING ANY MATTERS NOT

COVERED BY THIS NOTICE, SUCH AS WHETHER THE HOLDER SHOULD

FILE A PROOF OF CLAIM.

Dated: September 6, 2016 /s/ Christopher M. Samis Wilmington, Delaware Christopher M. Samis (No. 4909)

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8

L. Katherine Good (No. 5101) Chantelle D. McClamb (No. 5978) WHITEFORD, TAYLOR & PRESTON LLC The Renaissance Centre, Suite 500 405 North King Street Wilmington, Delaware 19801 Telephone: (302) 353-4144 Email: [email protected] [email protected] [email protected]

Counsel for the Debtors and Debtors in

Possession

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EXHIBIT D

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IN THE UNITED STATES BANKRUPTCY COURTFOR THE DISTRICT OF DELAWARE

In re

DRAW ANOTHER CIRCLE, LLC, et al.,1

Debtors.

Chapter 11

Case No.: 16-11452 (KJC)

(Jointly Administered)

REQUEST FOR PAYMENT OF ADMINISTRATIVE EXPENSE CLAIM (OTHERTHAN A CLAIM UNDER SECTION 503(b)(9) OF THE BANKRUPTCY CODE)

1. Name of administrative expense claimant:

2. Name of Debtor administrative expense claim asserted against:

3. Nature and description of the administrative expense claim (you may attach a separatesummary):

4. Date(s) administrative expense claim arose:

5. Amount of administrative expense claim:

6. Documentation supporting the administrative expense claim must be attached hereto.Documentation should include evidence of (a) the nature of the administrative expenseclaim asserted and (b) the date or dates on which the administrative expense claimarose.

Date: Signature:

Name:

Address:

Email:

1 The Debtors and the last four digits of their respective federal taxpayer identification numbers are asfollows: Draw Another Circle, LLC (2102); Hastings Entertainment, Inc. (6375); MovieStop, LLC (9645); SPImages, Inc. (7773); and Hastings Internet, Inc. (0809). The Debtors’ executive headquarters are located at 3601Plains Boulevard, Amarillo, TX 79102.

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EXHIBIT E

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United States Bankruptcy Court District of Delaware

Indicate Debtor against which you assert a claim by checking the appropriate box below.

Filed OnClaim Number on court claims registry (if known)

Proof of Claim

From whom?

04/16

Official Form 410

Read the instructions before filling out this form. This form is for making a claim for payment in a bankruptcy case. Do not use this form to

make a request for payment of an administrative expense. Make such a request according to 11 U.S.C. § 503.

Filers must leave out or redact information that is entitled to privacy on this form or on any attached documents. Attach redacted copies of any

documents that support the claim, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, judgments,

mortgages, and security agreements.

A person who files a fraudulent claim could be fined up to $500,000, imprisoned for up to 5 years, or both. 18 U.S.C. §§ 152, 157, and 3571.

Do not send original documents; they may be destroyed after scanning. If the documents are not available,

explain in an attachment.

Fill in all the information about the claim as of the date the case was filed. That date is on the notice of bankruptcy (Form 309) that you received.

Part 1: Identify the Claim

Name of the current creditor (the person or entity to be paid for this claim)

Other names the creditor used with the debtor

Who is the current creditor?

Has this claim been acquired

from someone else?

No

Yes

Where should notices and

payments to the creditor be

sent?

Federal Rule of Bankruptcy Procedure (FRBP) 2002(g)

4.

3.

1.

2.

Does this claim amend one

already filed?No

Yes

Where should notices to the creditor be sent? Where should payments to the creditor be sent? (if

different)

Name

Number Street

City State ZIP Code

Contact Phone

Contact email

Contact Phone

Contact email

Uniform claim identifier for electronic payments in chapter 13 (if you use one)

MM / DD / YYYY

5. Do you know if anyone else

has filed a proof of claim for

this claim? Who made the earlier filing?

No

Yes

Name

Number Street

City State ZIP Code

Draw Another Circle, LLC (Case No. 16-11452)

Hastings Entertainment, Inc. (Case No. 16-11453) Hastings Internet, Inc. (Case No. 16-11456)

SP Images Inc. (Case No. 16-11455)

MovieStop, LLC (Case No. 16-11454)

(Check only one Debtor per claim form.)

Proof of ClaimOfficial Form 410

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Nature of property:

Real Estate

Other

Motor Vehicle

Value of Property: $

Amount of the claim that is unsecured: $

$Amount of the claim that is secured:

Describe:

Annual Interest Rate: ____________%

Basis for perfection:

$

Amount necessary to cure any default as of the date of the petition:

6. Do you have any number you

use to identify the debtor?

Give Information About the Claim as of the Date the Case Was FiledPart 2:

Last 4 digits of the debtor's account or any number you use to identify the debtor:

No

Yes

7. How much is the claim?

Attach statement itemizing interest, fees, expenses, or other charges required by Bankruptcy Rule 3001(c)(2)(A).

No

Yes

Does this amount include interest or other charges?

8. What is the basis of the

claim?

Examples: Goods sold, money loaned, lease, services performed, personal injury or wrongful death, or credit card.

Attach redacted copies of any documents supporting the claim required by Bankruptcy Rule 3001(c).

Limit disclosing information that is entitled to privacy, such as health care information

9. Is all or part of the claim

secured?No

Yes The claim is secured by a lien on property

If the claim is secured by the debtor's principal residence, file a

(Official Form 410-A) with this

Mortgage Proof of Claim

Attachment Proof of Claim

Attach redacted copies of documents, if any, that show evidence of perfection of a security interest (for example,

a mortgage, lien, certificate of title, financing statement, or other document that shows the lien has been filed or

recorded.

$

(when case was filed)

10. Is this claim based on a

lease?

No

Yes Amount necessary to cure any default as of the date of the petition.

11. Is this claim subject to a

right of setoff?

No

Yes Identify the property:

(The sum of the secured and unsecured amounts should match the amount in line 7).

Fixed

Variable

$

Proof of ClaimOfficial Form 410

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Is all or part of the claim

entitled to priority under

11 U.S.C. § 507(a)?

12.

Check one:

No

Yes

Domestic support obligations (including alimony and child support) under 11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).

Part 3:

Up to $2,850* of deposits toward purchase, lease, or rental of property or services for personal, family, or household use. 11 U.S.C. § 507(a)(7).

Wages, salaries, or commissions (up to $12,850*) earned within 180 days before the bankruptcy petition is filed or the debtor's business ends, whichever is earlier. 11 U.S.C. § 507(a)(4).

Taxes or penalties owed to governmental units. 11 U.S.C. § 507(a)(8).

Contributions to an employee benefit plan 11 U.S.C. § 507(a)(5).

$

$

$

$

$

Other. Specify subsection of 11 U.S.C. § 507(a)(___) that applies. $

Amount entitled to priority

* Amounts are subject to adjustment on 4/01/19 and every 3 years after that for cases begun on or after the date of adjustment.

Sign Below

A claim may be partly priority and partly nonpriority. For example, in some categories, the law limits the amount entitled to priority.

The person completing

this proof of claim must

sign and date it.

If you file this claim electronically, FRBP 5005(a)(2) authorizes courts to establish local rules specifying what a signature is.

A person who files a

fraudulent claim could be

fined up to $500,000,

imprisoned for upt to 5

years, or both.

18 U.S.C. §§ 152, 157, and

3571.

I am the creditor.

Check the appropriate box:

I am the creditor's attorney or authorized agent.

I am the trustee, or the debtor, or their authorized agent. Bankruptcy Rule 3004.

I am the guarantor, surety, endorser, or other codebtor. Bankruptcy Rule 3005.

I understand that an authorized signature on this

amount of the claim, the creditor gave the debtor credit for any payments received toward the debt.

Proof of Claim serves as an acknowlegment that when calculating the

I declare under penalty of perjury that the foregoing is true and correct.

I have examined the information in this Proof of Claim and have a reasonable belief that the information is true

and correct.

Executed on date

MM / DD / YYYY

Signature

Print the name of the person who is completing and signing this claim:

Name

First Name Middle Name Last Name

Title

Company

Identify the corporate servicer as the company if the authorized agent is a servicer.

Address

Contact Phone Email

Number Street

City State ZIP Code

FRBP 9011(b).

13. Is all or part of the claim

entitled to priority

pursuant to 11 U.S.C. §

503(b)(9)?

No

Yes. Indicate the amount of your claim arising from the value of any goods received by the Debtor within 20 days before the date of commencement of the above case, which goods the creditor has certified through execution of this proof of claim form have been sold to the Debtor in the ordinary course of such Debtor's business. Indicate the date of delivery of such goods and identify which goods (if any) were subject to a demand for reclamation asserted under section 546 of the Bankruptcy Code. Attach documentation supporting such claim.

$

Proof of ClaimOfficial Form 410

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Understand the terms used in this form

Official Form 410 - Instructions for Proof of Claim

United States Bankruptcy CourtThese instructions and definitions generally explain the law. In certain circumstances, such as bankruptcy cases that debtors do not file voluntarily,exceptions to these general rules may apply. You should consider obtaining the advice of an attorney, especially if you are unfamiliar with thebankruptcy process and privacy regulations.

A person who files a fraudulent claim could be fined up to $500,000 imprisoned for up to 5 years, or both. 18 U.S.C. §§ 152, 157 and 3571

How to fill out this form

Fill in all of the information about the claim as of the date the case was filed.

Case Number and Name of Debtor. Fill in the caption at the top of the form. Thefull list of debtors is provided under the general information section on theClaims Agent’s website: http://www.omnimgt.com.

Acquired Claims. If the claim has been acquired from someone else, then statethe identity of the last party who owned the claim or was the holder of the claimand who transferred it to you before the initial claim was filed.

Amount of Claim Entitled to Priority Under 11 U.S.C. §507(a). If any portion ofyour claim falls in one or more of the listed categories, check the appropriatebox(es) and state the amount entitled to priority. (See Definitions) A claim maybe partly priority and partly non-priority. For example, in some of the categories,the law limits the amount entitled to priority.

Claim Pursuant to 11 U.S.C. §503(b)(9). Check the appropriate box if you have aclaim arising from the value of any goods received by the Debtor within 20 daysbefore June 13, 2016, the date of commencement of the above cases, whichgoods have been sold to the Debtor in the ordinary course of the Debtor’sbusiness. Attach documentation supporting such claim.

Attach any supporting documents to this form. Attach redacted copies of anydocuments that show that the debt exists, a lien secures the debt, or both. (Seethe definition of redaction below.) Also attach redacted copies of any documentsthat show perfection of any security interest or any assignments or transfers ofthe debt. In addition to the documents, a summary may be added. Federal Ruleof Bankruptcy Procedure (called “Bankruptcy Rule”) 3001(c) and (d). Do notattach original documents because attachments may be destroyed after scanning.If the claim is based on delivering health care goods or services, do not discloseconfidential health care information. Leave out or redact confidentialinformation both in the claim and in the attached documents.

A Proof of Claim form and any attached documents must show only the last 4digits of any social security number, individual’s tax identification number, orfinancial account number, and only the year of any person’s date of birth. SeeBankruptcy Rule 9037. For a minor child, fill in only the child’s initials and the fullname and address of the child’s parent or guardian. For example, write A.B., aminor child (John Doe, parent, 123 Main St, City, State). See Bankruptcy Rule9037.

Confirmation that the claim has been filedTo receive confirmation that the claim has been filed, either enclose a stamped������������������ ������� �� ������ � � �������������������Agent’s website (http://www.omnimgt.com) to view your filed form under“Proof of Claims Docket”.

Where to Send Proof of Claim FormHardcopy SubmissionAll signed, original Proof of Claim forms, along with accompanyingdocumentation, must be filed at the following address:

Draw Another Circle dba Hastings Claims Processingc/o Rust Omni5955 DeSoto Ave., Suite 100Woodland Hills, CA 91367

Registering for Online Claim SubmissionTo file your claim online, you must register to access the online submission account page on the Claim’s Agent’s website: http://omnimgt.com/hastingsbardate. You will need a working email address to register for online claims submission. Once you register, you will receive an email message that contains a link to activate your registration. Once activated, you may login and submit your claim as described on the Claims Agent’s website.

Understand the terms used in this form

Administrative expense: Generally, an expense that arises after a bankruptcy case is filed inconnectionwith operating, liquidating, or distributing the bankruptcy estate. 11 U.S.C. §503.

Claim: A creditor’s right to receive payment for a debt that the debtor owed on the datethe debtor filed for bankruptcy. 11 U.S.C. §101 (5). A claimmay be secured or unsecured.

Creditor: A person, corporation, or other entity to whom a debtor owes a debt that wasincurred on or before the date the debtor filed for bankruptcy. 11 U.S.C. §101 (10).

Debtor: A person, corporation, or other entity who is in bankruptcy. Use the debtor’s nameand case number as shown in the bankruptcy notice you received. 11 U.S.C. § 101 (13).

Evidence of perfection: Evidence of perfection of a security interest may include documentsshowing that a security interest has been filed or recorded, such as a mortgage, lien,certificate of title, or financing statement.

Information that is entitled to privacy: A Proof of Claim form and any attached documentsmust show only the last 4 digits of any social security number, an individual’s taxidentification number, or a financial account number, only the initials of a minor’s name,and only the year of any person’s date of birth. If a claim is based on delivering health caregoods or services, limit the disclosure of the goods or services to avoid embarrassment ordisclosure of confidential health care information. You may later be required to give moreinformation if the trustee or someone else in interest objects to the claim.

Priority claim: A claim within a category of unsecured claims that is entitled to priorityunder 11 U.S.C. §507(a). These claims are paid from the available money or property in abankruptcy case before other unsecured claims are paid. Common priority unsecuredclaims include alimony, child support, taxes, and certain unpaid wages.

Proof of claim: A form that shows the amount of debt the debtor owed to a creditor on thedate of the bankruptcy filing. The formmust be filed in the district where the case ispending.

Redaction of information: Masking, editing out, or deleting certain information to protectprivacy. Filers must redact or leave out information entitled to privacy on the Proof ofClaim form and any attached documents.

Secured claim under 11 U.S.C. §506(a): A claim backed by a lien on particular property ofthe debtor. A claim is secured to the extent that a creditor has the right to be paid from theproperty before other creditors are paid. The amount of a secured claim usually cannot bemore than the value of the particular property on which the creditor has a lien. Any amountowed to a creditor that is more than the value of the property normally may be anunsecured claim. But exceptions exist; for example, see 11 U.S.C. § 1322(b) and the finalsentence of 1325(a).

Examples of liens on property include a mortgage on real estate or a security interest in acar. A lien may be voluntarily granted by a debtor or may be obtained through a courtproceeding. In some states, a court judgmentmay be a lien.

Setoff: Occurs when a creditor pays itself with money belonging to the debtor that it isholding, or by canceling a debt it owes to the debtor.

Uniform claim identifier��� ��� ��������������������������� ������� ����� facilitate electronic payment.

Unsecured claim: A claim that does not meet the requirements of a secured claim. A claimmay be unsecured in part to the extent that the amount of the claim is more than the valueof the property on which a creditor has a lien.

Offers to Purchase a ClaimCertain entities purchase claims for an amount that is less than the face value of the claims.These entities may contact creditors offering to purchase their claims. Somewrittencommunications from these entities may easily be confusedwith official courtdocumentation or communications from the debtor. These entities do not represent thebankruptcy court, the bankruptcy trustee, or the debtor. A creditor has no obligation to sellits claim. However, if a creditor decides to sell its claim, any transfer of that claim is subjectto Bankruptcy Rule 3001(e), any provisions of the Bankruptcy Code (11 U.S.C. § 101 et seq.)that apply, and any orders of the bankruptcy court that apply.

Do not file these instructions with your form.

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