EX-99.1 2 dex991.htm MONTHLY OPERATING REPORTS Monthly Operating Reports

Exhibit 99.1

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Exhibit 99.1

UNITED STATES BANKRUPTCY COURT

DISTRICT OF DELAWARE

In re: EBHI Holdings, Inc. Case No.: 09-12099

Debtor Reporting Period: Aug 30 - Oct 3, 2009

MONTHLY OPERATING REPORT

REQUIRED DOCUMENTS Form No. Document Attached Explanation Attached Affidavit/Supplement Attached

Schedule of Cash Receipts and Disbursements MOR-1 No Note 1

Bank Reconciliation MOR-1a Yes

Schedule of Professional Fees Paid MOR-1b No Note 2

Copies of bank statements No Note 2

Cash disbursements journals No Note 2

Statement of Operations MOR-2 Yes

Balance Sheet MOR-3 Yes

Status of Post-Petition Taxes MQR-4 No Note 2

Copies of IRS Form 6123 or payment receipt No Note 2

Copies of tax returns filed during reporting period No Note 2

Summary of Unpaid Post-Petition Debts MOR-4 No Note 2

Listing of aged accounts payable MOR-4 No Note 2

Accounts Receivable Reconciliation and Aging MOR-5 No Note 2

Debtor Questionnaire MOR-5 Yes

Notes:

(1) Cash Receipts and Disbursements have been reported on a Consolidated Basis. Please reference Amargosa, Inc. Monthly Operating Report.

(2) Requested information is not applicable to reporting entity.

I declare under penalty of perjury (28 U.S.C. Section 1746) that this report and the attached documents are true and correct to the best of my knowledge and belief.

10/19/2009

Signature of Authorized Individual* Date

Brent I. Kugman Chief Restructuring Officer

Printed Name of Authorized Individual Title of Authorized Individual

*Authorized individual must be an officer, director or shareholder if debtor is a corporation; a partner if debtor is a partnership; a manager or member if debtor is a limited liability company.


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In re: EBHI Holdings, Inc. Debtor

Case No.: 09-12099

Reporting Period: Aug 30 - Oct 3, 2009

FOOTNOTES

The information and data included in this report are derived from sources available to EBHI Holdings, Inc. (the “Company”) and its subsidiaries that have filed proceedings under Chapter 11 of the Bankruptcy Code (collectively, the “Debtors” or the “Estate”). The Debtors have prepared this presentation, as required by the Office of the United States Trustee, based on information available to the Debtors at this time, but note that such information may be incomplete and may be materially deficient in certain respects. This MOR is not meant to be relied upon as a complete description of the Debtors, their business, condition (financial or otherwise), results of operations, prospects, assets or liabilities. The Debtors reserve all rights to revise this report.

This MOR is not prepared in accordance with generally accepted accounting principles (GAAP).

The financial statements and supporting figures included herein are unaudited, have not been reviewed or examined by independent accountants and are based on certain estimates that if not achieved may adversely impact future results.

Reflected in this report is the August 3, 2009 sale of substantially all of the Debtors assets to Everest Holdings LLC (“Buyer”). The results of the sale, including the final purchase price, remaining asset values and assumed liabilities, are subject to the Debtors review of the Closing Balance Sheet.

Intercompany balances do not include the segregation of pre- and post-petition obligations and accrued interest on post-petition amounts.

For certain Debtors, the Statement of Operations included in Form MOR-2 includes a charge recorded under Reorganization Items to adjust debt balances to estimated allowed claim amounts.

For certain Debtors, the Statement of Operations included in Form MOR-2 includes a gain recorded under Reorganization Items related to eliminating remaining deferred rent and unfavorable lease obligations as Buyer is responsible for all cost and expenses incurred under leases until the Designation Deadline. Under the asset purchase agreement, all leases will either be assumed by the Buyer or otherwise will be rejected by the Debtors.

Adjustments to net obligations related to employee benefit and pension plans have not been evaluated.

The Statement of Operations included in Form MOR-2 does not include amounts related to SFAS No. 123(R), Share-Based Payment.

Adjustments to gross deferred tax assets or deferred tax liabilities, tax receivables, tax payables, tax reserves and any tax effect of the August 3, 2009 sale of substantially all the assets of the Debtors to the Buyer have not been fully evaluated.


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In re: EBHI Holdings, Inc. Case No.: 09-12099

Debtor Reporting Period: Aug 30 - Oct 3, 2009

MOR-1A: BANK RECONCILIATIONS

BANK NAME Account Description Account Number Balance

LaSalle Global Trust Services (1) Segregated Deposit Account Escrow XX3248 $ 654,000

LaSalle Global Trust Services (1) Resolved Cure Escrow XX3273 1,242,445

LaSalle Global Trust Services (1) Unresolved Cure Escrow XX3275 1,901,497

LaSalle Global Trust Services (1) Partially Paid Cure Escrow XX3274 192,049

LaSalle Global Trust Services (1) Lease Cure Escrow XX3272 2,685,955

LaSalle Global Trust Services (1) Working Capital Escrow XX3276 10,010,500

LaSalle Global Trust Services (1) Carve Out Escrow XX3277 9,703,888

(1) Amount is included in Prepaid Expenses on MOR - 3: Balance Sheet.

I attest that each of the Debtors’ corporate bank accounts is reconciled to monthly bank statements. The Company’s standard practice is to ensure that each corporate bank account is reconciled to monthly bank statements for each calendar month within 30 days after month end. See attached listing of each of the Debtors’ bank accounts and the book balance of the account as of the end of the fiscal month covered by this report

Brent I. Kugman

Authorized Representative Printed Name of Authorized Representative


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In re: EBHI Holdings, Inc. Case No.: 09-12099

Debtor Reporting Period: Aug 30 - Oct 3, 2009

MOR-2: STATEMENT OF OPERATIONS

REVENUES

Net Revenue

OPERATING EXPENSES

Cost of Goods Sold, Including Buying and Occupancy

Selling, General and Administrative Expenses

Operating Income

OTHER INCOME AND EXPENSES

Interest Expense (1)

Other Income (Expense), Net

Net Profit (Loss) Before Reorganization Items

REORGANIZATION ITEMS

Professional Fees

U. S. Trustee Quarterly Fees

Estimated Claims Adjustments

Interest Earned on Accumulated Cash from Chapter 11

Loss / (Gain) from Sale of Equipment

Other Reorganization Expenses

Total Reorganization Expenses

Income Taxes

Net Profit (Loss)

Current Month

$ -

-

-

-

(321,190)

-

321,190

-

-

-

-

-

-

-

-

$ 321,190

Cumulative Filing to Date

$ -

-

-

-

-

-

-

-

-

52,575,585

-

(3,070,611)

-

49,504,974

-

$ (49,504,974)

(1) July 2009 Interest Expense amount reclassed to Amargosa, Inc. Statement of Operations


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In re: EBHI Holdings, Inc.

Debtor Case No.: 09-12099

Reporting Period: Aug 30 - Oct 3, 2009

MOR-3: BALANCE SHEET

ASSETS

CURRENT ASSETS

Unrestricted Cash and Equivalents

Accounts Receivable (Net)

Inventories

Prepaid Expenses

Professional Retainers

TOTAL CURRENT ASSETS

PROPERTY AND EQUIPMENT

Property and Equipment

OTHER ASSETS

Other Assets (see attached schedule)

TOTAL OTHER ASSETS

TOTAL ASSETS

LIABILITIES AND OWNER EQUITY

LIABILITIES NOT SUBJECT TO COMPROMISE (Post-Petition)

Accounts Payable

Taxes Payable

Wages Payable

Rent / Leases - Building/Equipment

Professional Fees

Secured Debt / Adequate Protection Payments

Other Post-Petition Liabilities

TOTAL POST-PETITION LIABILITIES

LIABILITIES SUBJECT TO COMPROMISE (Pre-Petition)

Secured Debt / Adequate Protection Payments

Priority Debt

Unsecured Debt

TOTAL PRE-PETITION LIABILITIES

TOTAL LIABILITIES

OWNER EQUITY

Capital Stock

Additional Paid-In Capital

Retained Earnings - Pre-Petition

Retained Earnings - Post-Petition

NET OWNER EQUITY

TOTAL LIABILITIES AND OWNERS’ EQUITY

BOOK VALUE AT END OF CURRENT REPORTING MONTH

$ -

-

-

26,390,334

-

26,390,334

-

194,108,630

194,108,630

$ 220,498,964

BOOK VALUE AT END OF CURRENT REPORTING MONTH

$ -

-

-

-

-

-

-

-

-

75,000,000

1,260,778

76,260,778

76,260,778

308,522

632,393,873

(438,959,235)

(49,504,974)

144,238,186

$ 220,498,964

BOOK VALUE ON PETITION DATE

$ -

-

-

-

-

-

1,459,000

215,160,000

215,160,000

$ 216,619,000

BOOK VALUE ON PETITION DATE

$ -

-

-

-

-

-

-

-

-

22,424,000

451,000

22,875,000

22,875,000

309,000

632,394,000

(438,959,000)

-

193,744,000

$ 216,619,000


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In re: EBHI Holdings, Inc. Case No.: 09-12099

Debtor Reporting Period: Aug 30 - Oct 3, 2009

MOR-3: BALANCE SHEET

(Continuation Sheet)

ASSETS

OTHER CURRENT ASSETS BOOK VALUE AT END OF CURRENT REPORTING MONTH BOOK VALUE ON PETITION DATE

OTHER ASSETS

Intercompany receivables from affiliates $ 193,508,630 $ 214,560,000

Investment in subsidiaries 600,000 600,000

194,108,630 215,160,000

LIABILITIES AND OWNER EQUITY

OTHER POST-PETITION LIABILITIES BOOK VALUE AT END OF CURRENT REPORTING MONTH BOOK VALUE ON PETITION DATE


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In re: EBHI Holdings, Inc. Case No.: 09-12099

Debtor Reporting Period: Aug 30 - Oct 3, 2009

MOR-5: DEBTOR QUESTIONNAIRE

Yes No

1. Have any assets been sold or transferred outside the normal course of business this reporting period? If yes, provide an explanation below. X

2. Have any funds been disbursed from any account other than a debtor in possession account this reporting period? If yes, provide an explanation below. X

3. Have all post-petition tax returns been timely filed? If no, provide an explanation below. X

4. Are workers compensation, general liability and other necessary insurance coverages in effect? If no, provide an explanation below. X

5. Has any bank account been opened during the reporting period? If yes, provide documentation identifying the opened account(s). If an investment account has been opened provide the required documentation pursuant to the Delaware Local Rule 4001-3. X


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UNITED STATES BANKRUPTCY COURT

DISTRICT OF DELAWARE

In re: Amargosa, Inc. Case No.: 09-12100

Debtor Reporting Period: Aug 30 - Oct 3, 2009

MONTHLY OPERATING REPORT

REQUIRED DOCUMENTS Form No. Document Attached Explanation Attached Affidavit / Supplement Attached

Schedule of Cash Receipts and Disbursements MOR-1 Yes

Bank Reconciliation MOR-la Yes

Schedule of Professional Fees Paid MOR-lb No Note 1

Copies of bank statements No Note 2

Cash disbursements journals No Note 2

Statement of Operations MOR-2 Yes

Balance Sheet MOR-3 Yes

Status of Post-Petition Taxes MOR-4 Yes MOR-4a & 4b

Copies of IRS Form 6123 or payment receipt No Note 2

Copies of tax returns filed during reporting period No Note 2

Summary of Unpaid Post-Petition Debts MOR-4 Yes

Listing of aged accounts payable MOR-4 No Note 2

Accounts Receivable Reconciliation and Aging MOR-5 No Note 1

Debtor Questionnaire MOR-5 Yes

Notes:

(1) Requested information is not applicable to reporting entity.

(2) Due to system constraints and/or the volume of records, UST has agreed to waive requirement to provide requested information.

I declare under penalty of perjury (28 U.S.C. Section 1746) that this report and the attached documents are true and correct to the best of my knowledge and belief.

Signature of Authorized Individual*

10/19/2009

Date

Brent I. Kugman

Printed Name of Authorized Individual

Chief Restructuring Officer

Title of Authorized Individual

* Authorized individual must be an officer, director or shareholder if debtor is a corporation; a partner if debtor is a partnership; a manager or member if debtor is a limited liability company.


LOGO

 

In re: Amargosa, Inc. Case No.: 09-12100

Debtor Reporting Period: Aug 30 - Oct 3, 2009

FOOTNOTES

The information and data included in this report are derived from sources available to EBHI Holdings, Inc. (the “Company”) and its subsidiaries that have filed proceedings under Chapter 11 of the Bankruptcy Code (collectively, the “Debtors” or the “Estate”). The Debtors have prepared this presentation, as required by the Office of the United States Trustee, based on information available to the Debtors at this time, but note that such information may be incomplete and may be materially deficient in certain respects. This MOR is not meant to be relied upon as a complete description of the Debtors, their business, condition (financial or otherwise), results of operations, prospects, assets or liabilities. The Debtors reserve all rights to revise this report.

This MOR is not prepared in accordance with generally accepted accounting principles (GAAP).

The financial statements and supporting figures included herein are unaudited, have not been reviewed or examined by independent accountants and are based on certain estimates that if not achieved may adversely impact future results.

Reflected in this report is the August 3, 2009 sale of substantially all of the Debtors assets to Everest Holdings LLC (“Buyer”). The results of the sale, including the final purchase price, remaining asset values and assumed liabilities, are subject to the Debtors review of the Closing Balance Sheet, which as of the date of this report has not yet been delivered by the Buyer.

Intercompany balances do not include the segregation of pre- and post-petition obligations and accrued interest on post-petition amounts.

For certain Debtors, the Statement of Operations included in Form MOR-2 includes a charge recorded under Reorganization Items to adjust debt balances to estimated allowed claim amounts.

For certain Debtors, the Statement of Operations included in Form MOR-2 includes a gain recorded under Reorganization Items related to eliminating remaining deferred rent and unfavorable lease obligations as Buyer is responsible for all cost and expenses incurred under leases until the Designation Deadline. Under the asset purchase agreement, all leases will either be assumed by the Buyer or otherwise will be rejected by the Debtors.

Adjustments to net obligations related to employee benefit and pension plans have not been evaluated.

The Statement of Operations included in Form MOR-2 does not include amounts related to SFAS No. 123(R), Share-Based Payment.

Adjustments to gross deferred tax assets or deferred tax liabilities, tax receivables, tax payables, tax reserves and any tax effect of the August 3, 2009 sale of substantially all the assets of the Debtors to the Buyer have not been fully evaluated.


LOGO

 

In re: Amargosa, Inc.

Debtor

Case No.: 09-12100

Reporting Period: Aug 30- Oct 3, 2009

MOR-1: CONSOLIDATED SCHEDULE OF CASH RECEIPTS AND DISBURSEMENTS

BEGINNING CASH

RECEIPTS

CASH SALES

LOANS AND ADVANCES (1)

CLOSING DAY FUNDS

LCs RELEASED

CLOSING DAY ESCROWS

TAX REFUNDS

OTHER MISC

TOTAL RECEIPTS

DISBURSEMENTS

PAYROLL & BENEFITS

MERCHANDISE PAYMENTS

RENT & OCCUPANCY

OTHER OPERATING

CAPITAL EXPENDITURES

TAXES

CASH SWEEP FROM ASSET SALE

PROFESSIONAL FEES

FINANCING COSTS

UTILITY DEPOSITS

BANK FEES

CONTRIBUTION TO CLOSING DAY ESCROWS

OTHER NON-ORDINARY COURSE

RESOLVED CURE ESCROW

UNRESOLVED CURE ESCROW

PARTIALLY PAID CURE ESCROW

LEASE CURE ESCROW

WORKING CAPITAL ESCROW

CARVE-OUT ESCROW

CHANGE IN FLOAT

TOTAL DISBURSEMENTS

NET CASH FLOW

ENDING CASH (3)

CURRENT MONTH

ACTUAL

$ 38,951,443

-

-

-

-

4,644,971

6,386

16,228

4,667,586

-

-

-

18,500

-

426,998

-

2,770,692

-

-

5,341

4,013,180

-

1,337,643

62,366

541,480

5,500

5,500

2,691,497

(284,387)

11,594,310

(6,926,725)

$ 32,030,719

PROJECTED(2)

$ -

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

$ -

CUMULATIVE FILING TO DATE

ACTUAL

$ 3,677,900

107,137,714

(5,337,303)

39,664,379

1,036,606

4,644,971

6,386

16,228

147,168,982

33,252,996

25,674,185

16,026,836

20,860,757

1,256,383

2,172,055

720,063

4,577,851

2,961,830

724,098

5,341

4,013,180

8,417,540

1,337,643

62,366

541,480

5,500

5,500

2,691,497

(6,490,935)

118,816,164

28,352,819

$ 32,030,719

PROJECTED(2)

$ -

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

$ -

Notes:

(1) Loans and Advances are net of any revolver pay downs.

(2) Previously provided projections are no longer relevant for comparison purposes given the August 3, 2009 sale of substantially all of the Debtors assets to Everest Holdings, LLC.

(3) Cash balances exclude amounts related to VEBA Trust and any amounts held in escrow.


LOGO

 

In re: Amargosa, Inc.

Debtor

Case No.: 09-12109

Reporting Period: Aug 39 - Oct 3, 2009

MOR-1A: BANK RECONCILIATIONS

BANK NAME

Bank of America

Bank of America

Bank of America

Citibank (1)

JP Morgan Chase Bank (1)

LaSalle Global Trust Services (2)

Account Description

ex-Photo Shoot (Check Disbursements)

APA Account (Wire/Check Disbursements)

Estate Funds Account

CIGNA VEBA Imprest

UHG Benefits Disbursement (VEBA)

Expeditors Escrow Account

Account Numbers

XXXXXX0685

XXXXXX6550

XXXXXX7561

XXXX8273

XXXXX1970

XX0679

Balance

$ 234,527

251,959

31,544,232

299,394

73,149

1,027,245

(1) VEBA related imprest cash accounts excluded from balance sheet.

(2) Amount is included in Prepaid Expenses on MOR - 3: Balance Sheet.

I attest that each of the Debtors’ corporate bank accounts is reconciled to monthly bank statements. The Company’s standard practice is to ensure that each corporate bank account is reconciled to monthly bank statements for each calendar month within 30 days after month end. See attached listing of each of the Debtors’ bank accounts and the book balance of the account as of the end of the fiscal month covered by this report

Authorized Representative

Brent I. Kugman

Printed Name of Authorized Representative


LOGO

 

In re: Amargosa, Inc.

Debtor

Case No.: 09-12100

Reporting Period: Aug 30 - Oct 3, 2009

MOR-2: STATEMENT OF OPERATIONS

REVENUES

Net Revenue

OPERATING EXPENSES

Cost of Goods Sold, Including Buying and Occupancy

Selling, General and Administrative Expenses

Operating Income

OTHER INCOME AND EXPENSES

Interest Expense

Other Income (Expense), Net (see attached schedule)

Net Profit (Loss) Before Reorganization Items

REORGANIZATION ITEMS

Professional Fees

U. S. Trustee Quarterly Fees

Estimated Claims Adjustments (1)

Interest Earned on Accumulated Cash from Chapter 11

Loss / (Gain) from Sale of Equipment

Other Reorganization Expenses

Total Reorganization Expenses

Income Taxes

Net Profit (Loss)

Current Month

$ -

-

2,268,892

(2,268,892)

254,871

-

(2,523,762)

722,748

12,925

(50,875)

-

(17,036,940)

-

(16,352,142)

847,339

$ 12,981,042

Cumulative

Filing to Date

$ 88,019,452

60,701,573

29,810,033

(2,492,154)

6,930,009

208,373

(9,213,790)

10,318,938

63,000

19,019,729

-

50,844,695

4,695,817

84,942,178

850,589

$ (95,006,556)


LOGO

 

In re: Amargosa, Inc.

Debtor

Case No.: 09-12100

Reporting Period: Aug 30 - Oct 3, 2009

MOR-2: STATEMENT OF OPERATIONS

(Continuation Sheet)

BREAKDOWN OF “OTHER” CATEGORY

Other Income

Equity in (earnings) of foreign joint ventures

Investment income

Current

Month

$ -

-

$ -

Cumulative Filing to Date

$ 208,264

109

$ 208,373


LOGO

 

In re: Amargosa, Inc.

Debtor

Case No.: 09-12100

Reporting Period: Aug 30 - Oct 3, 2009

MOR-3: BALANCE SHEET

ASSETS

CURRENT ASSETS

Unrestricted Cash and Equivalents (1)

Accounts Receivable (Net)

Inventories

Prepaid Expenses

Professional Retainers

TOTAL CURRENT ASSETS

PROPERTY AND EQUIPMENT

Property and Equipment

OTHER ASSETS

Other Assets (see attached schedule)

TOTAL OTHER ASSETS

TOTAL ASSETS

LIABILITIES AND OWNER EQUITY LIABILITIES NOT SUBJECT TO COMPROMISE (Post-Petition)

Accounts Payable

Taxes Payable

Wages Payable

Rent / Leases - Building/Equipment

Professional Fees

Secured Debt / Adequate Protection Payments

Other Post-Petition Liabilities (see attached schedule)

TOTAL POST-PETITION LIABILITIES

LIABILITIES SUBJECT TO COMPROMISE (Pre-Petition)

Secured Debt / Adequate Protection Payments

Priority Debt

Unsecured Debt

TOTAL PRE-PETITION LIABILITIES

TOTAL LIABILITIES

OWNER EQUITY

Capital Stock

Retained Earnings - Pre-Petitton

Retained Earnings - Post-Petition

Adjustments to Owner Equity (see attached schedule)

NET OWNER EQUITY

TOTAL LIABILITIES AND OWNERS EQUITY

BOOK VALUE AT END OF CURRENT REPORTING MONTH

$ 31,744,924

-

-

16,222,461

209,476

48,176,861

-

20,070,062

20,070.062

$ 68,246,923

$ -

622,288

820,231

-

4,361,632

-

512,414,588

518,218,739

62,853,575

38,868,904

- 101,722,418

6 19,941,218

500,000

(448,395,266)

(95,006,555)

(8,792,473)

(551,694,294)

$ 68,246,923

BOOK VALUE ON PETITION DATE

$ 8,720,000

18,546,000

108,368,000

14,676,000

1,641,000

151,951,000

93,385,000

195,614,000

195,614,000

$ 440,950,000

BOOK VALUE ON

PETITION DATE

$ 1,195,000

4,347,574

8,066,000

39,058,000

-

41,411,000

572,709,426

666,787,000

177,238,000

-

53,727,000

230,965,000

897,752,000

500,000

(448,396,000)

-

(8,906,000)

(456,802,000)

$ 440,950,000

(1) Cash balances exclude amounts related to VERA Trust and any amounts held in escrow.


LOGO

 

In re: Amargosa, Inc. Debtor

Case No.: 09-12100

Reporting Period: Aug 30 - Oct 3, 2009

MOR-3: BALANCE SHEET

(Continuation Sheet)

ASSETS

OTHER CURRENT ASSETS

OTHER ASSETS

Goodwill

Trademarks

Licensing agreements

Investment in subsidiaries

Investment in foreign joint venture (EB Japan)

Deferred financing fees

Capitalized software

LIABILITIES AND OWNER EQUITY

OTHER POST-PETITION LIABILITIES

Bank overdraft

Deferred tax liabilities (current & non-current)

Intercompany payables to affiliates

Sales, payroll and business taxes

Allowance for sales returns

Gift certificates & deferred revenues

Other accrued expenses

Non-current post-retirement liabilities

ADJUSTMENTS TO OWNER EQUITY

OCI - Foreign currency translation adjustments and other post retirement

BOOK VALUE AT END OF CURRENT REPORTING MONTH

$ -

-

-

20,070,062

-

-

-

20,070,062

BOOK VALUE AT END OF CURRENT REPORTING MONTH

$ -

-

508,685,159

-

-

-

426,354

3,303,075

512,414,588

$ (8,792,474)

BOOK VALUE ON PETITION DATE

$ 43,175,000

105,110,000

11,667,000

20,070,000

7,131,000

2,636,000

5,825,000

195,614,000

BOOK VALUE ON PETITION DATE

$ 3,252,000

41,375,000

508,742,000

425,426

6,015,000

3,183,000

6,414,000

3,303,000

572,709,426

$ (8,906,000)


LOGO

 

In re: Amargosa, Inc.

Debtor

Case No.: 09-12100

Reporting Period: Aug 30 - Oct 3, 2009

MOR-4: STATUS OF POST-PETITION TAXES

FEDERAL

Withholding

FICA-Employee

FICA-Employer

Unemployment

Income tax (1)

Total Federal Taxes

STATE AND LOCAL

Withholding

Sales & Use

Excise

Unemployment

Real Property

Personal Property

Income tax (1)

Franchise (1)

Total State and Local Taxes

Beginning Tax Liability

$ -

-

-

-

(268,333)

$ (268,333)

$ -

519,136

50,935

-

93,208

78,941

(437,671)

(7,475)

$ 297,074

Amount Withheld or Accrued

$ -

-

-

-

268,333

$ 268,333

$ -

50,953

3,061

-

-

113,983

576,740

7,475

$ 752,212

Amount Paid

$ -

-

-

-

-

$ -

-

(191,496)

(17,516)

-

(46,590)

(97,296)

(74,100)

-

$ (426,998)

Date Paid

N/A

N/A

N/A

N/A

N/A

N/A

Various

Various

N/A

9/28/2009

Various

Various

N/A

Check or EFT

N/A

N/A

N/A

N/A

N/A

N/A

Various

Various

N/A

Check

Various

Various

N/A

Ending Tax Liability

$ -

-

-

-

-

$ -

$ -

378,593

36,480

-

46,618

95,627

64,969

-

$ 622,288

Notes:

(1) Currently the Debtors have removed the Federal, State and Local Income Tax and Franchise Tax overpayment balances which were netted within Taxes Payable on MOR-3 for August 2009. The overpayment of taxes balance will be recognized upon confirmation from taxing authorities

Sales and use tax returns have been filed in accordance with the Company’s tax payment schedule (See attached Schedule MOR4-B.) Any payments remitted have been incorporated into the Schedule of Cash Receipts and Disbursements at MOR-l.

Adjustments to Amounts Withheld or Accrued include liabilities assumed and/or paid by the Buyer.

Authorized Representative

Brent I. Kugman

Printed Name of Authorized Representative

MOR-4: SUMMARY OF UNPAID POST-PETITION DEBTS

Taxes Payable

Professional Fees

Non-current post-retirement liabilities

Intercompany payables to affiliates

Other accrued expenses

Wages payable

Total Post-Petition Debts

Current

622,288

4,361,632

3,303,075

508,685,159

426,354

820,231

$ 518,218,739

0-30

-

-

-

-

-

-

$ -

NUMBER OF DAYS PAST DUE

31-60

-

-

-

-

-

-

$ -

61-90

-

-

-

-

-

-

$ -

Over 90

-

-

-

-

-

-

$ -

Total

622,288

4,361,632

3,303,075

508,685,159

426,354

820,231

$ 518,218,739


LOGO

 

In re: Amargosa, Inc.

Debtor

Case No. : 09-12100

Reporting Period: Aug 30 - Oct 3, 2009

MOR 4A: VERIFICATION OF TAX PAYMENTS

FEDERAL Vendor Name Amount Paid Payment Date EFT/Check

Total Federal $ -

REAL PROPERTY

Real Property Tax Du Page County Collector 46,590 09/28/09 Check

$ 46,590

PERSONAL PROPERTY TAX

Personal Property Tax Cabarrus County Tax 149 09/22/09 Check

Personal Property Tax City Of Concord 99 09/22/09 Check

Personal Property Tax County Of Orange 209 09/22/09 Check

Personal Property Tax County Of Orange 217 09/22/09 Check

Personal Property Tax Dare County Tax Department 102 09/22/09 Check

Personal Property Tax Gallatin County Treasurer 497 09/22/09 Check

Personal Property Tax Johnson County Treasurer 1,030 09/22/09 Check

Personal Property Tax Johnston County 54 09/22/09 Check

Personal Property Tax Los Angeles County 82 09/22/09 Check

Personal Property Tax Los Angeles County 230 09/22/09 Check

Personal Property Tax Los Angeles County 306 09/22/09 Check

Personal Property Tax Los Angeles County 312 09/22/09 Check

Personal Property Tax Los Angeles County 330 09/22/09 Check

Personal Property Tax Missoula County Treasurer 657 09/22/09 Check

Personal Property Tax Monroe County Treasurer 699 09/22/09 Check

Personal Property Tax Municipality Of Anchorage 2,684 09/22/09 Check

Personal Property Tax San Joaquin County Treasurer 299 09/22/09 Check

Personal Property Tax Shelby County 524 09/22/09 Check

Personal Property Tax Shelby County 762 09/22/09 Check

Personal Property Tax Town Of Leesburg 24 09/22/09 Check

Personal Property Tax Town Of Leesburg 49 09/22/09 Check

Personal Property Tax Town Of Nags Head 58 09/22/09 Check

Personal Property Tax Treasurer Of Allen County 1,908 09/22/09 Check

Personal Property Tax Ventura County Tax 255 09/22/09 Check

Personal Property Tax Wake County 851 09/22/09 Check

Personal Property Tax Alamance County Tax Collector 52 09/22/09 Check

Personal Property Tax Birch Run Township 9 09/22/09 Check

Personal Property Tax Buncombe County 53 09/22/09 Check

Personal Property Tax City Of Auburn Hills 101 09/22/09 Check

Personal Property Tax City Of Augusta 104 09/22/09 Check

Personal Property Tax City Of Burlington 79 09/22/09 Check

Personal Property Tax City Of Burlington 59 09/22/09 Check

Personal Property Tax City Of Kentwood 64 09/22/09 Check

Personal Property Tax City Of South Portland 53 09/22/09 Check

Personal Property Tax City Of Troy Treasurer 969 09/22/09 Check

Personal Property Tax City Of Westland 206 09/22/09 Check

Personal Property Tax County Of Fairfax 1,815 09/22/09 Check

Personal Property Tax Guilford County Tax Dept 38 09/22/09 Check

Personal Property Tax Howell Township 42 09/22/09 Check

Personal Property Tax Marin County Treasurer 453 09/22/09 Check

Personal Property Tax Placer County 358 09/22/09 Check

Personal Property Tax Riverside County 360 09/22/09 Check

Personal Property Tax Riverside County 107 09/22/09 Check

Personal Property Tax San Francisco Tax Collector 318 09/22/09 Check

Personal Property Tax San Francisco Tax Collector 260 09/22/09 Check

Personal Property Tax Santa Clara County Tax 158 09/22/09 Check

Personal Property Tax Santa Clara County Tax 569 09/22/09 Check

Personal Property Tax Solano County 123 09/22/09 Check

Personal Property Tax Ventura County Tax 238 09/22/09 Check

Personal Property Tax Village Of Birch Run 4 09/22/09 Check

Personal Property Tax Alameda County 161 09/22/09 Check


LOGO

 

In re: Amargosa, Inc.

Debtor

Case No. : 09-12100

Reporting Period: Aug 30 - Oct 3, 2009

MOR 4A: VERIFICATION OF TAX PAYMENTS

Vendor Name Amount Paid Payment Date EFT/Check

Personal Property Tax City Of Grandville 194 09/22/09 Check

Personal Property Tax City Of Livonia 1,083 09/22/09 Check

Personal Property Tax City Of Novi 210 09/22/09 Check

Personal Property Tax City Of Portage 518 09/22/09 Check

Personal Property Tax City Of Rochester Hills 91 09/22/09 Check

Personal Property Tax County Of Fairfax 1,006 09/22/09 Check

Personal Property Tax Fresno County 208 09/22/09 Check

Personal Property Tax Holland Charter Township 146 09/22/09 Check

Personal Property Tax Sacramento Cnty Tax 143 09/22/09 Check

Personal Property Tax Sacramento Cnty Tax 91 09/22/09 Check

Personal Property Tax San Bernardino County 310 09/22/09 Check

Personal Property Tax Shasta County Tax Collector 174 09/22/09 Check

Personal Property Tax Sonoma County 57 09/22/09 Check

Personal Property Tax Tulare County 97 09/22/09 Check

Personal Property Tax County Of Fairax 527 10/01/09 Check

Personal Property Tax County Of Loudon 42 10/01/09 Check

Personal Property Tax Lewis County Treasurer 154 10/01/09 Check

Personal Property Tax Kitsap County Treasurer 85 10/01/09 Check

Personal Property Tax Benton County Tax Collector 2,924 10/01/09 Check

Personal Property Tax Prince William County Tax Collector 1,768 10/01/09 Check

Personal Property Tax Snowhomish County Treasurer 1,312 10/01/09 Check

Personal Property Tax Pulaski County Treasurer 1,404 10/01/09 Check

Personal Property Tax King County Treasurer 60,501 10/01/09 Check

Personal Property Tax Thurston County Treasurer 4,574 10/01/09 Check

Personal Property Tax City And County Of San Francisco 40 10/01/09 Check

Personal Property Tax City Of Kentwood Treasurer 31 10/01/09 Check

Personal Property Tax City Of Birch Run 1 10/01/09 Check

Personal Property Tax Texas State Comptroller 465 10/01/09 Check

Total Personal Property Tax $ 97,296

SALES & USE

Sales & Use Utah State Tax Commission 45,968 08/31/09 EFT

Sales & Use State of Connecticut 4,405 08/31/09 EFT

Sales & Use State of New York 141,123 09/21/09 EFT

Total Sales & Use $ 191,496

EXCISE TAX

Excise Tax State Treasurer (Wa State) 59 09/10/09 Check

Excise Tax City Of North Bend 365 10/01/09 Check

Excise Tax Washington State Department Of Revenue 17,091 10/01/09 Check

Total Excise $ 17,516

STATE AND LOCAL INCOME TAX

State and Local Income Tax Arizona Department of Revenue 100 09/10/09 Check

State and Local Income Tax Montana Department of Revenue 100 09/10/09 Check

State and Local Income Tax NYC Department of Finance 300 09/10/09 Check

State and Local Income Tax City of Portland 2,700 09/10/09 Check

State and Local Income Tax Utah State Tax Commission 100 09/10/09 Check

State and Local Income Tax Kentucky State Treasurer 3,500 09/10/09 Check

State and Local Income Tax North Carolina Department of Revenue 4,000 09/10/09 Check

State and Local Income Tax South Carolina Department of Revenue 1,400 09/10/09 Check

State and Local Income Tax Wisconsin Department of Revenue 100 09/10/09 Check

State and Local Income Tax Kansas Franchise Tax 800 09/10/09 Check

State and Local Income Tax Missouri Department of Revenue 1,100 09/10/09 Check

State and Local Income Tax New York State Corporation Tax 18,200 09/10/09 Check

State and Local Income Tax Tennessee Department of Revenue 16,600 09/10/09 Check

State and Local Income Tax Alabama Department of Revenue 100 09/10/09 Check

State and Local Income Tax Ohio Treasurer of State 1,800 09/10/09 Check

State and Local Income Tax State of New Jersey 23,200 09/15/09 EFT

Total Income tax $ 74,100


LOGO

 

In re: Amargosa, Inc.

Debtor

Case No. : 09-12100

Reporting Period: Aug 30 - Oct 3, 2009

MOR 4B: SUMMARY OF TAX RETURNS FILED DURING REPORTING PERIOD

TAXING AUTHORITY State Type of Tax Due Date

City & County of Broomfield CO Transfer Taxes 09/21/09

City & County of Denver CO Transfer Taxes 09/21/09

City of Aurora IL Transfer Taxes 09/21/09

City of Boulder CO Transfer Taxes 09/21/09

City of Colorado Springs CO Transfer Taxes 09/21/09

City of Fort Collins CO Transfer Taxes 09/21/09

City of Lakewood CO Transfer Taxes 09/21/09

City of Littleton CO Transfer Taxes 09/21/09

City of Lone Tree CO Transfer Taxes 09/21/09

City of Loveland CO Transfer Taxes 09/21/09

City of North Glenn CO Transfer Taxes 09/21/09

City of Westminster CO Transfer Taxes 09/21/09

State of Wyoming WY Transfer Taxes 09/30/09

Town of Castle Rock CO Transfer Taxes 09/21/09

Town of Silverthorne CO Transfer Taxes 09/21/09

Oklahoma Tax Commission OK Transfer Taxes 09/21/09

State of Colorado CO Transfer Taxes 09/21/09

State of Kentucky KY Transfer Taxes 09/21/09

State of Maryland MD Transfer Taxes 09/21/09

State of Rhode Island - Dept. of Revenue RI Transfer Taxes 09/21/09

State of Washington - Dept. of Revenue WA Gross Receipts 09/25/09

State of New York NY Transfer Taxes 09/21/09

State of New York NY Sales & Use 09/21/09

Internal Revenue Service Income Tax 09/15/09

Internal Revenue Service - Amended 2005 Income Tax 09/15/09

Internal Revenue Service - Amended 2006 Income Tax 09/15/09

State of Alabama AL Income Tax 09/15/09

State of Alabama AL Privelege Tax 09/15/09

State of Arkansas AR Income Tax 09/15/09

State of Georgia GA Income Tax 09/15/09

State of Maryland MD Income Tax 09/15/09

State of Massachusetts MA Income Tax 09/15/09

State of Mississippi MS Income Tax 09/15/09

State of New Mexico NM Income Tax 09/15/09

State of Rhode Island - Dept. of Revenue RI Income Tax 09/15/09

State of South Carolina SC Income Tax 09/15/09

State of Nebraska NE Income Tax 09/15/09

State of Connecticut CT Income Tax 10/01/09

State of Deleware DE Income Tax 10/01/09

State of Florida FL Income Tax 10/01/09


LOGO

 

In re: Amargosa, Inc.

Debtor

Case No. : 09-12100

Reporting Period: Aug 30 - Oct 3, 2009

MOR-5: DEBTOR QUESTIONNAIRE

Yes No

1. Have any assets been sold or transferred outside the normal course of business this reporting period? If yes, provide an explanation below. X

2. Have any funds been disbursed from any account other than a debtor in possession account this reporting period? If yes, provide an explanation below. X

3. Have all post-petition tax returns been timely filed? If no, provide an explanation below. X

4. Are workers compensation, general liability and other necessary insurance coverages in effect? If no, provide an explanation below. X

5. Has any bank account been opened during the reporting period? If yes, provide documentation identifying the opened account(s). If an investment account has been opened provide the required documentation pursuant to the Delaware Local Rule 4001-3. X


LOGO

 

UNITED STATES BANKRUPTCY COURT

DISTRICT OF DELAWARE

In re: Gobi Fulfillment Services, Inc.

Debtor

Case No. : 09-12101

Reporting Period: Aug 30 - Oct 3, 2009

MONTHLY OPERATING REPORT

REQUIRED DOCUMENTS Form No. Document Attached Explanation Attached Affidavit/ Supplement Attached

Schedule of Cash Receipts and Disbursements MOR-1 No Note 1

Bank Reconciliation MOR-1a No Note 2

Schedule of Professional Fees Paid MOR-1b No Note 2

Copies of bank statements No Note 3

Cash disbursements journals No Note 3

Statement of Operations MOR-2 Yes

Balance Sheet MOR-3 Yes

Status of Post-Petition Taxes MOR-4 Yes

Copies of IRS Form 6123 or payment receipt No Note 3

Copies of tax returns filed during reporting period No Note 3

Summary of Unpaid Post-Petition Debts MOR-4 Yes

Listing of aged accounts payable MOR-4 No Note 3

Accounts Receivable Reconciliation and Aging MOR-5 No Note 2

Debtor Questionnaire MOR-5 Yes

Notes:

(1) Cash Receipts and Disbursements have been reported on a Consolidated Basis. Please reference Amargosa, Inc.

(2) Requested information is not applicable to reporting entity.

(3) Due to system constraints and/or the volume of records, UST has agreed to waive requirement to provide requested information. Monthly Operating Report.

I declare under penalty of perjury (28 U.S.C. Section 1746) that this report and the attached documents are true and correct to the best of my knowledge and belief.

Signature of Authorized Individual*

10/19/2009

Date

Brent I. Kugman

Printed Name of Authorized Individual

Chief Restructuring Officer

Title of Authorized Individual

*Authorized individual must be an officer, director or shareholder if debtor is a corporation; a partner if debtor is a partnership; a manager or member if debtor is a limited liability company.


LOGO

 

In re: Gobi Fulfillment Services, Inc.

Debtor

Case No.: 09-12101

Reporting Period: Aug 30 - Oct 3, 2009

FOOTNOTES

The information and data included in this report are derived from sources available to EBHI Holdings, Inc. (the “Company”) and its subsidiaries that have filed proceedings under Chapter 11 of the Bankruptcy Code (collectively, the “Debtors” or the “Estate”), The Debtors have prepared this presentation, as required by the Office of the United States Trustee, based on information available to the Debtors at this time, but note that such information may be incomplete and may be materially deficient in certain respects. This MOR is not meant to be relied upon as a complete description of the Debtors, their business, condition (financial or otherwise), results of operations, prospects, assets or liabilities. The Debtors reserve all rights to revise this report.

This MOR is not prepared in accordance with generally accepted accounting principles (GAAP).

The financial statements and supporting figures included herein are unaudited, have not been reviewed or examined by independent accountants and are based on certain estimates that if not achieved may adversely impact future results.

Reflected in this report is the August 3, 2009 sale of substantially all of the Debtors assets to Everest Holdings LLC (“Buyer”). The results of the sale, including the final purchase price, remaining asset values and assumed liabilities, are subject to the Debtors review of the Closing Balance Sheet.

Intercompany balances do not include the segregation of pre- and post-petition obligations and accrued interest on post-petition amounts.

For certain Debtors, the Statement of Operations included in Form MOR-2 includes a charge recorded under Reorganization Items to adjust debt balances to estimated allowed claim amounts.

For certain Debtors, the Statement of Operations included in Form MOR-2 includes a gain recorded under Reorganization Items related to eliminating remaining deferred rent and unfavorable lease obligations as Buyer is responsible for all cost and expenses incurred under leases until the Designation Deadline. Under the asset purchase agreement, all leases will either be assumed by the Buyer or otherwise will be rejected by the Debtors.

Adjustments to net obligations related to employee benefit and pension plans have not been evaluated.

The Statement of Operations included in Form MOR-2 does not include amounts related to SFAS No. 123(R), Share-Based Payment.

Adjustments to gross deferred tax assets or deferred tax liabilities, tax receivables, tax payables, tax reserves and any tax effect of the August 3, 2009 sale of substantially all the assets of the Debtors to the Buyer have not been fully evaluated.


LOGO

 

In re: Gobi Fulfillment Services, Inc.

Debtor

Case No.: 09-12101

Reporting Period: Aug 30 - Oct 3, 2009

MOR-2: STATEMENT OF OPERATIONS

REVENUES Current Month Cumulative Filing to Date

Net Revenue $ - $ 3,191,224

OPERATING EXPENSES

Cost of Goods Sold, Including Buying and Occupancy - 595,014

Selling, General and Administrative Expenses - 2,584,451

Operating Income - 11,759

OTHER INCOME AND EXPENSES

Interest Expense - -

Other Income (Expense), Net - -

Net Profit (Loss) Before Reorganization Items - 11,759

REORGANIZATION ITEMS

Professional Fees - -

U. S. Trustee Quarterly Fees - -

Estimated Claims Adjustments (1) (1,341) (1,341)

Interest Earned on Accumulated Cash from Chapter 11 - -

Loss / (Gain) from Sale of Equipment - 21,897,578

Other Reorganization Expenses -(2,275,250)

Total Reorganization Expenses (1,341) 19,620,987

Income Taxes - -

Net Profit (Loss) $ 1,341 $ (19,609,228)


LOGO

 

In re: Gobi Fulfillment Services, Inc.

Debtor

Case No. : 09-12101

Reporting Period: Aug 30 - Oct 3, 2009

MOR-3: BALANCE SHEET

ASSETS

CURRENT ASSETS

BOOK VALUE AT END OF CURRENT REPORTING MONTH BOOK VALUE ON PETITION DATE

Unrestricted Cash and Equivalents $ - $ 598,000

Accounts Receivable (Net) - 124,000

Inventories - -

Prepaid Expenses - 540,000

Professional Retainers - -

TOTAL CURRENT ASSETS - 1,262,000

PROPERTY AND EQUIPMENT

Property and Equipment - 51,326,000

OTHER ASSETS

Other Assets (see attached schedule) 37,948,438 8,626,000

TOTAL OTHER ASSETS 37,948,438 8,626,000

TOTAL ASSETS $ 37,948,438 $ 61,214,000

LIABILITIES AND OWNER EQUITY

LIABILITIES NOT SUBJECT TO COMPROMISE (Port-Petition) BOOK VALUE AT END OF CURRENT REPORTING MONTH BOOK VALUE ON PETITION DATE

Accounts Payable $ - $ 131,000

Taxes Payable 930,570 954,000

Wages Payable - 3,127,000

Rent / Leases - Building/Equipment - -

Professional Fees - -

Secured Debt / Adequate Protection Payments - -

Other Post-Petition Liabilities (see attached schedule) 146,019 499,000

TOTAL POST-PETITION LIABILITIES 1,076,589 4,711,000

LIABILITIES SUBJECT TO COMPROMISE (Pre-Petition)

Secured Debt / Adequate Protection Payments - -

Priority Debt - -

Unsecured Debt 222,964 246,000

TOTAL PRE-PETITION LIABILITIES 222,964 246,000

TOTAL LIABILITIES 1,299,553 4,957,000

OWNER EQUITY

Capital Stock 1,000 1,000

Retained Earnings - Pre-Petition (11,755) (12,000)

Retained Earnings - Post-Petition (19,609,228) -

Additional Paid-In Capital 56,268,869 56,268,000

NET OWNER EQUITY 36,648,885 56,257,000

TOTAL LIABILITIES AND OWNERS’ EQUITY $ 37,948,438 $ 61,214,000


LOGO

 

In re: Gobi Fulfillment Services, Inc.

Debtor

Case No. : 09-12101

Reporting Period: Aug 30 - Oct 3, 2009

MOR-3: BALANCE SHEET (Continuation Sheet)

ASSETS OTHER CURRENT ASSETS BOOK VALUE AT END OF CURRENT REPORTING MONTH BOOK VALUE ON PETITION DATE

OTHER ASSETS

Intercompany receivables from affiliates $ 37,948,438 $ 8,626,000

LIABILITIES AND OWNER EQUITY OTHER POST-PETITION LIABILITIES BOOK VALUE AT END OF CURRENT REPORTING MONTH BOOK VALUE ON PETITION DATE

Bank overdraft $ - $ 277,000

Accrued expenses 146,019 222,000

146,019 499,000


LOGO

 

In re: Gobi Fulfillment Services, Inc.

Debtor

Case No. : 09-12101

Reporting Period: Aug 30 - Oct 3, 2009

MOR-4: STATUS OF POST-PETITION TAXES

FEDERAL Beginning Tax Liability Amount Withheld or Accrued Amount Paid Date Paid Check No. or EFT Ending Tax Liability

Withholding

FICA-Employee

FICA-Employer

Unemployment

Income tax (1)

Savings Bond

Total Federal Taxes

STATE AND LOCAL

Withholding

Sales & Use

Excise

Unemployment

Real Property

Personal Property

Income tax

Total State and Local Taxes

Beginning Tax Liability

$ -

-

-

-

-

-

$ -

$-

-

-

-

930,570

-

-

$ 930,570

Amount Withheld or Accrued

$-

-

-

-

-

-

$ -

$-

-

-

-

-

-

-

$ -

Amount Paid

$-

-

-

-

-

-

$ -

$-

-

-

-

-

-

-

$ -

Date Paid

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

Check No. or EFT

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

Ending Tax Liability

$-

-

-

-

-

-

$ -

$-

-

-

-

930,570

-

-

$ 930,570

Sales and use tax returns have been filed in accordance with the Company’s tax payment schedule (See attached Schedule MOR4-B.) Any payments remitted have been incorporated into the Schedule of Cash Receipts and Disbursements at MOR-1.

Adjustments to Amounts Withheld or Accrued include liabilities assumed and/or paid by the Buyer.

Authorized Representative

Brent I. Kaugman

Printed Name of Authorized Representative

MOR-4: SUMMARY OF UNPAID POST-PETITION DEBTS

Accrued Expenses

Taxes Payable

Total Post-Petition Debts

NUMBER OF DAYS PAST DUE

Current

$ 146,019

930,570

$ 1,076,589

0-30

$ -

-

$ -

31-60

$ -

-

$ -

61-90

$ -

-

$ -

Over 90

$ -

-

$ -

Total

$ 146, 019

930, 570

$ 1,076,589


LOGO

 

In re: Gobi Fulfillment Services, Inc.

Debtor

Case No. : 09-12101

Reporting Period: Aug 30 - Oct 3, 2009

MOR-5: DEBTOR QUESTIONNAIRE

Yes No

1. Have any assets been sold or transferred outside the normal course of business this reporting period? If yes, provide an explanation below. X

2. Have any funds been disbursed from any account other than a debtor in possession account this reporting period? If yes, provide an explanation below. X

3. Have all post-petition tax returns been timely filed? If no, provide an explanation below. X

4. Are workers compensation, general liability and other necessary insurance coverages in effect? If no, provide an explanation below. X

5. Has any bank account been opened during the reporting period? If yes, provide documentation identifying the opened account(s). If an investment account has been opened provide the required documentation pursuant to the Delaware Local Rule 4001-3. X


LOGO

 

UNITED STATES BANKRUPTCY COURT

DISTRICT OF DELAWARE

In re: Arabian Diversified Sales, LLC.

Debtor

Case No. : 09-12103

Reporting Period: Aug 30 - Oct 3, 2009

MONTHLY OPERATING REPORT

REQUIRED DOCUMENTS Form No. Document Attached Explanation Attached Affidavit / Supplement Attached

Schedule of Cash Receipts and Disbursements MOR-1 No Note 1

Bank Reconciliation MOR-la No Note 2

Schedule of Professional Fees Paid MOR-1b No Note 2

Copies of bank statements No Note 2

Cash disbursements journals No Note 2

Statement of Operations MOR-2 Yes

Balance Sheet MOR-3 Yes

Status of Post-Petition Taxes MOR-4 No Note 2

Copies of IRS Form 6123 or payment receipt No Note 2

Copies of tax returns filed during reporting period No Note 2

Summary of Unpaid Post-Petition Debts MOR-4 No Note 2

Listing of aged accounts payable MOR-4 No Note 2

Accounts Receivable Reconciliation and Aging MOR-5 No Note 2

Debtor Questionnaire MOR-5 Yes

Notes:

(1) Cash Receipts and Disbursements have been reported on a Consolidated Basis. Please reference Amargosa, Inc. Monthly Operating Report.

(2) Requested information is not applicable to reporting entity.

I declare under penalty of perjury (28 U.S.C. Section 1746) that this report and the attached documents are true and correct to the best of my knowledge and belief.

Signature of Authorized Individual*

10/20/09

Date

Brent I. Kugman

Printed Name of Authorized Individual

Chief Restructuring Officer

Title of Authorized Individual

* Authorized individual must be an officer, director or shareholder if debtor is a corporation; a partner if debtor is a partnership; a manager or member if debtor is a limited liability company.


LOGO

 

In re: Arabian Diversified Sales, LLC.

Debtor

Case No. : 09-12103

Reporting Period: Aug 30 - Oct 3, 2009

FOOTNOTES

The information and data included in this report are derived from sources available to EBHI Holdings, Inc. (the “Company”) and its subsidiaries that have filed proceedings under Chapter 11 of the Bankruptcy Code (collectively, the “Debtors” or the “Estate”). The Debtors have prepared this presentation, as required by the Office of the United States Trustee, based on information available to the Debtors at this time, but note that such information may be incomplete and may be materially deficient in certain respects. This MOR is not meant to be relied upon as a complete description of the Debtors, their business, condition (financial or otherwise), results of operations, prospects, assets or liabilities. The Debtors reserve all rights to revise this report.

This MOR is not prepared in accordance with generally accepted accounting principles (GAAP).

The financial statements and supporting figures included herein are unaudited, have not been reviewed or examined by independent accountants and are based on certain estimates that if not achieved may adversely impact future results.

Reflected in this report is the August 3, 2009 sale of substantially all of the Debtors assets to Everest Holdings LLC (“Buyer”). The results of the sale, including the final purchase price, remaining asset values and assumed liabilities, are subject to the Debtors review of the Closing Balance Sheet.

Intercompany balances do not include the segregation of pre- and post-petition obligations and accrued interest on post-petition amounts.

For certain Debtors, the Statement of Operations included in Form MOR-2 includes a charge recorded under Reorganization Items to adjust debt balances to estimated allowed claim amounts.

For certain Debtors, the Statement of Operations included in Form MOR-2 includes a gain recorded under Reorganization Items related to eliminating remaining deferred rent and unfavorable lease obligations as Buyer is responsible for all cost and expenses incurred under leases until the Designation Deadline. Under the asset purchase agreement, all leases will either be assumed by the Buyer or otherwise will be rejected by the Debtors.

Adjustments to net obligations related to employee benefit and pension plans have not been evaluated.

The Statement of Operations included in Form MOR-2 does not include amounts related to SFAS No. 123(R), Share-Based Payment.

Adjustments to gross deferred tax assets or deferred tax liabilities, tax receivables, tax payables, tax reserves and any tax effect of the August 3, 2009 sale of substantially all the assets of the Debtors to the Buyer have not been fully evaluated.


LOGO

 

In re: Arabian Diversified Sales, LLC.

Debtor

Case No. : 09-12103

Reporting Period: Aug 30 - Oct 3, 2009

MOR-2 STATEMENT OF OPERATIONS

REVENUES

Net Revenue

OPERATING EXPENSES

Cost of Goods Sold, Including Buying and Occupancy

Selling, General and Administrative Expenses

Operating Income

OTHER INCOME AND EXPENSES

Interest Expense

Other Income (Expense), Net (see attached schedule)

Net Profit (Loss) Before Reorganization Items

REORGANIZATION ITEMS

Professional Fees

U.S. Trustee Quarterly Fees

Estimated Claims Adjustments

Interest Earned on Accumulated Cash from Chapter 11

Loss/ (Gain) from Sale of Equipment

Other Reorganization Expenses

Total Reorganization Expenses

Income Taxes

Net Profit (Loss)

Current Month

$ -

-

-

-

-

-

-

-

-

-

-

-

-

-

-

$-

Cumulative Filling to Date

$ 1,119,562

-

193,930

925,632

-

1,003,010

1,928,642

-

-

-

-

-

-

-

-

$ 1,928,642


LOGO

 

In re: Arabian Diversified Sales, LLC.

Debtor

Case No. : 09-12103

Reporting Period: Aug 30 - Oct 3, 2009

MOR-2: STATEMENT OF OPERATIONS

(Continuation Sheet)

BREAKDOWN OF OTHER CATEGORY Current Month Cumulative Filling to Date

Other Income

Interest Income on Intercompany Receivable $ - $ 1,003,010


LOGO

 

In re: Arabian Diversified Sales, LLC.

Debtor

Case No. : 09-12103

Reporting Period: Aug 30 - Oct 3, 2009

MOR-3: BALANCE SHEET

ASSETS

CURRENT ASSETS

Unrestricted Cash and Equivalents

Accounts Receivable (Net)

Inventories

Prepaid Expenses

Professional Retainers

TOTAL CURRENT ASSETS

PROPERTY AND EQUIPMENT

Property and Equipment

OTHER ASSETS

Other Assets (see attached schedule)

TOTAL OTHER ASSETS

TOTAL ASSETS

BOOK VALUE AT END OF CURRENT REPORTING MONTH

$ -

-

-

-

-

-

-

66,550,054

66,550,054

$ 66,550,054

BOOK VALUE ON PETITION DATE

$ (5,167)

1,565,000

-

-

-

1,559,833

-

63,061,167

63,061,167

$ 64,621,000

LIABILITIES AND OWNER EQUITY

LIABILITIES NOT SUBJECT TO COMPROMISE (Post-Petition)

Accounts Payable

Taxes Payable

Wages Payable

Rent / Leases - Building/Equipment

Professional Fees

Secured Debt/ Adequate Protection Payments

Other Post- Petition Liabilities TOTAL POST-PETITION LIABILITIES

LIABILITIES SUBJECT TO COMPROMISE (Pre-Petition)

Secured Debt / Adequate Protection Payments

Priority Debt

Unsecured Debt

TOTAL PRE-PETITION LIABILITIES

TOTAL LIABILITIES

OWNER EQUITY

Additional Paid-In Capital

Retained Earnings - Pre-Petition

Retained Earnings - Post-Petition

NET OWNER EQUITY

TOTAL LIABILITIES AND OWNERS’ EQUITY

BOOK VALUE AT END OF CURRENT REPORTING MONTH

$ -

-

-

-

-

-

-

-

-

-

-

-

-

-

5,247,398

59,374,014

1,928,642

66,550,054

$ 66,550,054

BOOK VALUE ON PETITION DATE

$ -

-

-

-

-

-

-

-

-

-

-

-

-

-

5,247,000

59,374,000

-

64,621,000

$ 64,621,000


LOGO

 

In re: Arabian Diversified Sales, LLC.

Debtor

Case No. : 09-12103

Reporting Period: Aug 30 - Oct 3, 2009

MOR-3: BALANCE SHEET

(Continuation Sheet)

ASSETS

OTHER CURRENT ASSETS

OTHER ASSETS

Intercompany receivables from affiliates

LIABILITIES AND OWNER EQUITY

OTHER POST-PETITION LIABILITIES

BOOK VALUE AT END OF CURRENT REPORTING MONTH

$ 66,550,054

BOOK VALUE AT END OF CURRENT REPORTING MONTH

BOOK VALUE ON PETITION DATE

$ 63,061,167

BOOK VALUE ON PETITION DATE


LOGO

 

In re: Arabian Diversified Sales, LLC.

Debtor

Case No. : 09-12103

Reporting Period: Aug 30 - Oct 3, 2009

MOR-5: DEBTOR QUESTIONNAIRE

1. Have any assets been sold or transferred outside the normal course of business this reporting period? If yes, provide an explanation below.

2. Have any funds been disbursed from any account other than a debtor in possession account this reporting period? If yes, provide an explanation below.

3. Have all post-petition tax returns been timely filed? If no, provide an explanation below.

4. Are workers compensation, general liability and other necessary insurance coverages in effect? If no, provide explanation below.

5. Has any blank account been opened during the reporting period? If yes, provide documentation indentifying the opened account(s). If an investment account has been opened provide the required documentation pursuant to the Delaware Local Rule 4001-3.

Yes

No

X

X

X

X

X


LOGO

 

UNITED STATES BANKRUPTCY COURT

DISTRICT OF DELAWARE

In re: Gibson Services, LLC.

Debtor

Case No. : 09-12104

Reporting Period: Aug 30 - Oct 3, 2009

MONTHLY OPERATING REPORT

REQUIRED DOCUMENTS Form No. Document Attached Explanation Attached Affidavit / Supplement Attached

Schedule of Cash Receipts and Disbursements MOR-1 No Note 1

Bank Reconciliation MOR-1a No Note 2

Schedule of Professional Fees Paid MOR-1b No Note 2

Copies of bank statements No Note 2

Cash disbursements journals No Note 2

Statement of Operations MOR-2 Yes

Balance Sheet MOR-3 Yes

Status of Post-Petition Taxes MOR-4 No Note 2

Copies of IRS Form 6123 or payment receipt No Note 2

Copies of tax returns filed during reporting period No Note 2

Summary of Unpaid Post-Petition Debts MOR-4 Yes

Listing of aged accounts payable MOR-4 No Note 3

Accounts Receivable Reconciliation and Aging MOR-5 No Note 2

Debtor Questionnaire MOR-5 Yes

Notes:

(1) Cash Receipts and Disbursements have been reported on a Consolidated Basis. Please reference Amargosa, Inc. Monthly Operating Report.

(2) Requested information is not applicable to reporting entity.

(3) Due to system constraints and/or the volume of records, UST has agreed to waive requirement to provide requested information.

I declare under penalty of perjury (28 U.S.C. Section 1746) that this report and the attached documents are true and correct to the best of my knowledge and belief.

Signature of Authorized Individual*

10/19/2009

Date

Brent I. Kugman

Printed Name of Authorized Individual

Chief Restructuring Officer

Title of Authorized Individual

*Authorized individual must be an officer, director or shareholder if debtor is a corporation; a partner if debtor is a partnership; a manager or member if debtor is a limited liability company.


LOGO

 

In re: Gibson Services, LLC.

Debtor

Case No. : 09-12104

Reporting Period: Aug 30 - Oct 3, 2009

FOOTNOTES

The information and data included in this report are derived from sources available to EBFHI Holdings, Inc. (the “Company”) and its subsidiaries that have filed proceedings under Chapter 11 of the Bankruptcy Code (collectively, the “Debtors” or the “Estate”). The Debtors have prepared this presentation, as required by the Office of the United States Trustee, based on information available to the Debtors at this time, but note that such information may be incomplete and may be materially deficient in certain respects. This MOR is not meant to be relied upon as a complete description of the Debtors, their business, condition (financial or otherwise), results of operations, prospects, assets or liabilities. The Debtors reserve all rights to revise this report.

This MOR is not prepared in accordance with generally accepted accounting principles (GAAP).

The financial statements and supporting figures included herein are unaudited, have not been reviewed or examined by independent accountants and are based on certain estimates that if not achieved may adversely impact future results.

Reflected in this report is the August 3,2009 sale of substantially all of the Debtors assets to Everest Holdings LLC (“Buyer”). The results of the sale, including the final purchase price, remaining asset values and assumed liabilities, are subject to the Debtors review of the Closing Balance Sheet.

Intercompany balances do not include the segregation of pre- and post-petition obligations and accrued interest on post-petition amounts.

For certain Debtors, the Statement of Operations included in Form MOR-2 includes a charge recorded under Reorganization Items to adjust debt balances to estimated allowed claim amounts.

For certain Debtors, the Statement of Operations included in Form MOR-2 includes a gain recorded under Reorganization Items related to eliminating remaining deferred rent and unfavorable lease obligations as Buyer is responsible for all cost and expenses incurred under leases until the Designation Deadline. Under the asset purchase agreement, all leases will either be assumed by the Buyer or otherwise will be rejected by the Debtors.

Adjustments to net obligations related to employee benefit and pension plans have not been evaluated.

The Statement of Operations included in Form MOR-2 does not include amounts related to SFAS No. 123(R), Share-Based Payment.

Adjustments to gross deferred tax assets or deferred tax liabilities, tax receivables, tax payables, tax reserves and any tax effect of the August 3, 2009 sale of substantially all the assets of the Debtors to the Buyer have not been fully evaluated.


LOGO

 

In re: Gibson Services, LLC.

Debtor

Case No. : 09-12104

Reporting Period: Aug 30 - Oct 3, 2009

MOR-2: STATEMENT OF OPERATIONS

REVENUES

Net Revenues

OPERATING EXPENSES

Cost of Goods Sold, Including Buying and Occupancy

Selling General and Administrative Expenses

Operating Income

OTHER INCOME AND EXPENSES

Other Income (Expenses), Net (see attached schedule)

Interest Expense

Net Profit (Loss) Before Reorganization Items

REORGANIZATION ITEMS

Professional Fees

U.S. Trustee Quarterly Fees

Interest Earned on Accumulated Cash from Chapter 11

Loss / (Gain) from Sale of Equipment

Other Reorganization Expenses

Total Reorganization Expenses

Income Taxes

Net Profit (Loss)

Current Month

$ -

-

-

-

-

-

-

-

-

-

-

-

-

-

$ -

Cumulative Filling to Date

$ -

-

33,575

(33,575)

245,027

-

211,451

-

-

-

(12,516,082)

-

(12,516,082)

-

$12,727,533


LOGO

 

In re: Gibson Services, LLC.

Debtor

Case No.: 09-12104

Reporting Period: Aug 30 - Oct 3, 2009

MOR-2: STATEMENT OF OPERATIONS

(Continuation Sheet)

BREAKDOWN OF “OTHER” CATEGORY

Other Income

Interest income on intercompany receivable

Current Month

$ -

Cumulative

Filling to Date

$ 245,027


LOGO

 

In re: Gibson Services, LLC.

Debtor

Case No.: 09-12104

Reporting Period: Aug 30 - Oct 3, 2009

MOR-3: BALANCE SHEET

ASSETS

CURRENT ASSETS

Unrestricted Cash and Equivalents

Account Receivable (Net)

Inventories

Prepaid Expenses

Professional Retainers

TOTAL CURRENT ASSETS

PROPERTY AND EQUIPMENT

Property and Equipment

OTHER ASSETS

Other Assets (see attached schedule)

TOTAL OTHER ASSETS

TOTAL ASSETS

BOOK VALUE AT END OF CURRENT REPORTING MONTH

$ -

-

-

-

-

-

-

-

-

$ -

BOOK VALUE ON PETITION DATE

$ -

-

-

-

-

-

-

13,783,000

13,783,000

$ 13,783,000

LIABILITIES AND OWNER EQUITY

LIABILITIES NOT SUBJECT TO COMPROMISE (Post-Petition)

Accounts Payable

Taxes Payable

Wages Payable

Rent / Lease - Building/Equipment

Professional Fees

Secured Debt / Adequate Protection Payments

Other Post-Petition Liabilities (see attached schedule)

TOTAL POST-PETITION LIABILITIES

LIABILITIES SUBJECT TO COMPROMISE (Pre-Petition)

Secured Debt / Adequate Protection Payments

Priority Debt

Unsecured Debt

TOTAL PRE-PETITION LIABILITIES

TOTAL LIABILITIES

OWNER EQUITY

Additional Paid-In Capital

Retained Earnings - Pre-Petition

Retained Earnings - Post-Petition

NET OWNER EQUITY

TOTAL LIABILITIES AND OWNERS’ EQUITY

BOOK VALUE AT END OF CURRENT REPORTING MONTH

$ -

-

-

-

-

-

1,707,872

1,707,872

-

-

-

-

1,707,872

(33,671,405)

19,236,000

12,727,533

(1,707,872)

$ (0)

-

BOOK VALUE ON PETITION DATE

$ -

-

-

-

-

-

28,218,000

28,218,000

-

-

-

-

28,218,000

(33,671,000)

19,236,000

-

(14,435,000)

$ 13,783,000

-


LOGO

 

In re: Gibson Services, LLC.

Debtor

Case No.: 09-12104

Reporting Period: Aug 30 - Oct 3, 2009

MOR-3: BALANCE SHEET

(Continuation Sheet)

ASSETS

OTHER CURRENT ASSETS

OTHER ASSETS

Intercompany receivables from affiliates

LIABILITIES AND OWNER EQUITY

OTHER POST-PETITION LIABILITIES

Intercompany payables to affiliates

BOOK VALUE AT END OF CURRENT REPORTING MONTH

$ -

BOOK VALUE AT END OF CURRENT REPORTING MONTH

$ 1,707,872

BOOK VALUE ON PETITION DATE

$ 13,783,000

BOOK VALUE ON PETITION DATE

$ -


LOGO

 

In re: Gibson Services, LLC.

Debtor

Case No.: 09-12104

Reporting Period: Aug 30 - Oct 3, 2009

MOR-4: SUMMARY OF UNPAID POST-PETITION DEBTS

NUMBER OF DAYS PAST DUE

Current 0-30 31-60 61-90 Over 90 Total

Intercompany payables to affiliates

1,707,872

1,707,872

Total Post-Petition Debts

$ 1,707,872

$ -

$ -

$ -

$ -

$ 1,707,872


LOGO

 

In re: Gibson Services, LLC. Debtor

Case No.: 09-12104

Reporting Period: Aug 30 - Oct 3, 2009

MOR-5: DEBTOR QUESTIONNAIRE

Yes No

1. Have any assets been sold or transferred outside the normal course of business this reporting period? If yes, provide an explanation below. X

2. Have any funds been disbursed from any account other than a debtor in possession account this reporting period? If yes, provide an explanation below. X

3. Have all post-petition tax returns been timely filed? If no, provide an explanation below. X

4. Are workers compensation, general liability and other necessary insurance coverages in effect? If no, provide an explanation below. X

5. Has any bank account been opened during the reporting period? If yes, provide documentation identifying the opened account(s). If an investment account has been opened provide the required documentation pursuant to the Delaware Local Rule 4001-3. X


LOGO

 

UNITED STATES BANKRUPTCY COURT

DISTRICT OF DELAWARE

In re: Karakum International Development, LLC.

Debtor

Case No.: 09-12105

Reporting Period: Aug 30 - Oct 3, 2009

MONTHLY OPERATING REPORT

REQUIRED DOCUMENTS Form No. Document Attached Explanation Attached Affidavit / Supplement Attached

Schedule of Cash Receipts and Disbursements MOR-1 No Note 1

Bank Reconciliation MOR-1a No Note 2

Schedule of Professional Fees Paid MOR-1b No Note 2

Copies of bank statements No Note 2

Cash disbursements journals No Note 2

Statement of Operations MOR-2 Yes

Balance Sheet MOR-3 Yes

Status of Post-Petition Taxes MOR-4 No Note 2

Copies of IRS Form 6123 or payment receipt No Note 2

Copies of tax returns filed during reporting period No Note 2

Summary of Unpaid Post-Petition Debts MOR-4 No Note 2

Listing of aged accounts payable MOR-4 No Note 2

Accounts Receivable Reconciliation and Aging MOR-5 No Note 2

Debtor Questionnaire MOR-5 Yes

Notes:

(1) Cash Receipts and Disbursements have been reported on a Consolidated Basis. Please reference Amargosa, Inc. Monthly Operating Report.

(2) Requested information is not applicable to reporting entity.

I declare under penalty of perjury (28 U.S.C. Section 1746) that this report and the attached documents are true and correct to the best of my knowledge and belief.

Signature of Authorized Individual*

10/19/2009

Date

Brent I. Kugman

Printed Name of Authorized Individual

Chief Restructuring Officer

Title of Authorized Individual

* Authorized individual must be an officer, director or shareholder if debtor is a corporation; a partner if debtor is a partnership; a manager or member if debtor is a limited liability company.


LOGO

 

In re: Karakum International Development, LLC.

Debtor

Case No.: 09-12105

Reporting Period: Aug 30 - Oct 3, 2009

FOOTNOTES

The information and data included in this report are derived from sources available to EBHI Holdings, Inc. (the “Company”) and its subsidiaries that have filed proceedings under Chapter 11 of the Bankruptcy Code (collectively, the “Debtors” or the “Estate”). The Debtors have prepared this presentation, as required by the Office of the United States Trustee, based on information available to the Debtors at this time, but note that such information may be incomplete and may be materially deficient in certain respects. This MOR is not meant to be relied upon as a complete description of the Debtors, their business, condition (financial or otherwise), results of operations, prospects, assets or liabilities. The Debtors reserve all rights to revise this report.

This MOR is not prepared in accordance with generally accepted accounting principles (GAAP).

The financial statements and supporting figures included herein are unaudited, have not been reviewed or examined by independent accountants and are based on certain estimates that if not achieved may adversely impact future results.

Reflected in this report is the August 3, 2009 sale of substantially all of the Debtors assets to Everest Holdings LLC (“Buyer”). The results of the sale, including the final purchase price, remaining asset values and assumed liabilities, are subject to the Debtors review of the Closing Balance Sheet.

Intercompany balances do not include the segregation of pre- and post-petition obligations and accrued interest on post-petition amounts.

For certain Debtors, the Statement of Operations included in Form MOR-2 includes a charge recorded under Reorganization Items to adjust debt balances to estimated allowed claim amounts.

For certain Debtors, the Statement of Operations included in Form MOR-2 includes a gain recorded under Reorganization Items related to eliminating remaining deferred rent and unfavorable lease obligations as Buyer is responsible for all cost and expenses incurred under leases until the Designation Deadline. Under the asset purchase agreement, all leases will either be assumed by the Buyer or otherwise will be rejected by the Debtors.

Adjustments to net obligations related to employee benefit and pension plans have not been evaluated.

The Statement of Operations included in Form MOR-2 does not include amounts related to SFAS No. 123(R), Share-Based Payment.

Adjustments to gross deferred tax assets or deferred tax liabilities, tax receivables, tax payables, tax reserves and any tax effect of the August 3, 2009 sale of substantially all the assets of the Debtors to the Buyer have not been fully evaluated.


LOGO

 

In re: Karakum International Development, LLC.

Debtor

Case No.: 09-12105

Reporting Period: Aug 30 - Oct 3, 2009

MOR-2: STATEMENT OF OPERATIONS

REVENUES

Net Revenue

OPERATING EXPENSES

Cost of Goods Sold, Including Buying and Occupancy

Selling, General and Administrative Expenses

Operating Income

OTHER INCOME AND EXPENSES

Other Income (Expense), Net (see attached schedule)

Interest Expense

Net Profit (Loss) Before Reorganization Items

REORGANIZATION ITEMS

Professional Fees

U.S. Trustee Quarterly Fees

Interest Earned on Accumulated Cash from Chapter 11

Loss / (Gain) from Sale of Equipment

Other Reorganization Expenses

Total Reorganization Expenses

Income Taxes

Net Profit (Loss)

Current Month

$ - - - - - - - - - - - - - - $ -

Cumulative Filling to Date

$ 919,101 - 47,599 871,501 710,688 - 1,582,190 - - - - - - - $1,582,190


LOGO

 

In re: Karakum International Development, LLC.

Debtor

Case No.: 09-12105

Reporting Period: Aug 30 - Oct 3, 2009

MOR-2: STATEMENT OF OPERATIONS

(Continuation Sheet)

BREAKDOWN OF OTHER CATEGORY

Other Income

Interest income on intercompany receivable

Current Month

$ -

Cumulative Filing to Date

$ 710,688


LOGO

 

In re: Karakum International Development, LLC.

Debtor

Case No.: 09-12105

Reporting Period: Aug 30 - Oct 3, 2009

MOR-3: BALANCE SHEET

ASSETS

CURRENT ASSETS

Unrestricted Cash and Equivalents

Accounts Receivable (Net)

Inventories

Prepaid Expenses

Professional Retainers

TOTAL CURRENT ASSETS

PROPERTY AND EQUIPMENT

Property and Equipment

OTHER ASSETS

Other Assets (see attached schedule)

TOTAL OTHER ASSETS

TOTAL ASSETS

BOOK VALUE AT END OF CURRENT REPORTING MONTH

$ - - - - - - - 43,811,010 43,811,010 $ 43,811,010

BOOK VALUE ON PETITION DATE

$ - 1,079,000 - - - 1,079,000 - 41,150,000 41,150,000 42,229,000

LIABILITIES AND OWNER EQUITY

LIABILITIES NOT SUBJECT TO COMPROMISE (Post –Petition)

Accounts Payable

Taxes Payable

Wages Payable

Rent/ Leases – Building/ Equipment

Professional Fees

Secured Debt/ Adequate Protection Payments

Other Post-Petition Liabilities

TOTAL POST-PETITION LIABILITIES

LIABILITIES SUBJECT TO COMPROMISE (Pre-Petition)

Secured Debt/ Adequate Protection Payments

Priority Debt

Unsecured Debt

TOTAL PRE-PETITION LIABILITIES

TOTAL LIABILITIES

OWNER EQUITY

Additional Paid-In Capital

Retained Earnings – Pre-Petition

Retained Earnings – Post-Petition

NET OWNER EQUITY

TOTAL LIABILITIES AND OWNERS’ EQUITY

BOOK VALUE AT END OF CURRENT REPORTING MONTH

$ - - - - - - - - - - - - - 2,860,820 39,368,000 1,582,190 43,811,010 $ 43,811,010

BOOK VALUE ON PETITION DATE

$ - - - - - - - - - - - - - 2,861,000 39,368,000 - 42,229,000 42,229,000


LOGO

 

In re: Karakum International Development, LLC.

Debtor

Case No.: 09-12105

Reporting Period: Aug 30 - Oct 3, 2009

MOR-3: BALANCE SHEET

(Continuation Sheet)

ASSETS OTHER CURRENT ASSETS

BOOK VALUE AT END OF CURRENT REPORTING MONTH

BOOK VALUE ON PETITION DATE

OTHER ASSETS

Intercompany receivables from affiliates $43,811,010 $41,150,000

LIABILITIES AND OWNER EQUITY OTHER POST-PETITION LIABILITIES

BOOK VALUE AT END OF CURRENT REPORTING MONTH

BOOK VALUE ON PETITION DATE


LOGO

 

In re: Karakum International Development, LLC.

Debtor

Case No.: 09-12105

Reporting Period: Aug 30 - Oct 3, 2009

MOR-5: DEBTOR QUESTIONNAIRE

Yes No

1. Have any assets been sold or transferred outside the normal course of business this reporting period? If yes, provide an explanation below. X

2. Have any funds been disbursed from any account other than a debtor in possession account this reporting period? If yes, provide an explanation below. X

3. Have all post-petition tax returns been timely filed? If no, provide an explanation below. X

4. Are workers compensation, general liability and other necessary insurance coverages in effect? If no, provide an explanation below. X

5. Has any bank account been opened during the reporting period? If yes, provide documentation identifying the opened account(s). If an investment account has been opened provide the required documentation pursuant to the Delaware Local Rule 4001-3. X


LOGO

 

UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE

In re: Simpson Information Technology, LLC Debtor

Case No.: 09-12106

Reporting Period; Aug 30 - Oct 3, 2009

MONTHLY OPERATING REPORT

REQUIRED DOCUMENTS Form No. Document Attached Explanation Attached Affidavit/Supplement Attached

Schedule of Cash Receipts and Disbursements MOR-1 No Note 1

Bank Reconciliation MOR-1a No Note 1

Schedule of Professional Fees Paid MOR-1b No Note 1

Copies of blank statements No Note 1

Cash disbursements journals No Note 1

Statement of Operations MOR-2 No Note 1

Balance Sheet MOR-3 No Note 1

Status of Post-Petition Taxes MOR-4 No Note 1

Copies of IRS Form 6123 or payment receipt No Note 1

Copies of tax returns filed during reporting period No Note 1

Summary of Unpaid Post-Petition Debts MOR-4 No Note 1

Listing of aged accounts payable MOR-4 No Note 1

Accounts Receivable Reconciliation and Aging MOR-5 No Note 1

Debtor Questionnaire MOR-5 No Note 1

Notes:

(1) Financial reporting for Simpson Information Technology, LLC is rolled up within Amargosa, Inc. and EBHI Holdings, Inc. within the Debtors’ general ledger system and can not be readily segregated.

I declare under penalty of perjury (28 U.S.C. Section 1746) that this report and the attached documents are true and correct to the best of my knowledge and belief.

Signature of Authorized Individual*

10/19/2009

Date

Brent I. Kugman

Printed Name of Authorized Individual

Chief Restructuring Officer

Title of Authorized Individual

*Authorized individual must be an officer, director or shareholder if debtor is a corporation; a partner if debtor is a partnership; a manager or member if debtor is a limited liability company.


LOGO

 

UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE

In re: Sandy Financial Services Acceptance Corporation Debtor

Case No.: 09-12107

Reporting Period: Aug 30 - Oct 3, 2009

MONTHLY OPERATING REPORT

REQUIRED DOCUMENTS Form No. Document Attached Explanation Attached Affidavit/Supplement Attached

Schedule of Cash Receipts and Disbursements MOR-1 No Note 1

Bank Reconciliation MOR-1a No Note 1

Schedule of Professional Fees Paid MOR-1b No Note 1

Copies of bank statements No Note 1

Cash disbursements journals No Note 1

Statement of Operations MOR-2 No Note 1

Balance Sheet MOR-3 No Note 1

Status of Post-Petition Taxes MOR-4 No Note 1

Copies of IRS Form 6123 or payment receipt No Note 1

Copies of tax returns filed during reporting period No Note 1

Summary of Unpaid Post-Petition Debts MOR-4 No Note 1

Listing of aged accounts payable MOR-4 No Note 1

Accounts Receivable Reconciliation and Aging MOR-5 No Note 1

Debtor Questionnaire MOR-5 No Note 1

Notes:

(1) Sandy Financial Services Acceptance Corporation is an inactive and dormant entity with no assets or ongoing operations.

I declare under penalty of perjury (28 U.S.C. Section 1746) that this report and the attached documents are true and correct to the best of my knowledge and belief.

Signature of Authorized Individual*

10/19/2009

Date

Brent I. Kugman

Printed Name of Authorized Individual

Chief Restructuring Officer

Title of Authorized Individual

*Authorized individual must be an officer, director or shareholder if debtor is a corporation; a partner if debtor is a partnership; a manager or member if debtor is a limited liability company.


LOGO

 

UNITED STATES BANKRUPTCY COURT

DISTRICT OF DELAWARE

In re: Sonoran Acceptance Corporation Debtor

Case No.: 09-12108

Reporting Period: Aug 30 - Oct 3, 2009

MONTHLY OPERATING REPORT

REQUIRED DOCUMENTS Form No. Document Attached Explanation Attached Affidavit/Supplement Attached

Schedule of Cash Receipts and Disbursements MOR-1 No Note 1

Bank Reconciliation MOR-1a Yes

Schedule of Professional Fees Paid MOR-1b No Note 2

Copies of bank statements No Note 3

Cash disbursements journals No Note 2

Statement of Operations MOR-2 Yes

Balance Sheet MOR-3 Yes

Status of Post-Petition Taxes MOR-4 No Note 2

Copies of IRS Form 6123 or payment receipt No Note 2

Copies of tax returns filed during reporting period No Note 2

Summary of Unpaid Post-Petition Debts MOR-4 No Note 2

Listing of aged accounts payable MOR-4 No Note 2

Accounts Receivable Reconciliation and Aging MOR-5 No Note 2

Debtor Questionnaire MOR-5 Yes

Notes:

(1) Cash Receipts and Disbursements have been reported on a Consolidated Basis. Please reference Amargosa, Inc. Monthly Operating Report.

(2) Requested information is not applicable to reporting entity.

(3) Due to system constraints and/or the volume of records, UST has agreed to waive requirement to provide requested information.

I declare under penalty of perjury (28 U.S.C. Section 1746) that this report and the attached documents are true and correct to the best of my knowledge and belief.

Signature of Authorized Individual*

10/19/2009

Date

Brent I. Kugman

Printed Name of Authorized Individual

Chief Restructuring Officer

Title of Authorized Individual

*Authorized individual must be an officer, director or shareholder if debtor is a corporation; a partner if debtor is a partnership; a manager or member if debtor is a limited liability company.


LOGO

 

In re: Sonoran Acceptance Corporation Debtor

Case No.: 09-12108

Reporting Period: Aug 30 - Oct 3, 2009

FOOTNOTES

The information and data included in this report are derived from sources available to EBHI Holdings, Inc. (the “Company”) and its subsidiaries that have filed proceedings under Chapter 11 of the Bankruptcy Code (collectively, the “Debtors” or the “Estate”). The Debtors have prepared this presentation, as required by the Office of the United States Trustee, based on information available to the Debtors at this time, but note that such information may be incomplete and may be materially deficient in certain respects. This MOR is not meant to be relied upon as a complete description of the Debtors, their business, condition (financial or otherwise), results of operation, prospects, assets or liabilities. The Debtors reserve all rights to revise this report.

This MOR is not prepared in accordance with generally accepted accounting principles (GAAP).

The financial statements and supporting figures included herein are unaudited, have not been reviewed or examined by independent accountants and are based on certain estimates that if not achieved may adversely impact future results.

Reflected in this report is the August 3, 2009 sale of substantially all of the Debtors assets to Everest Holdings LLC (“Buyer”). The results of the sale, including the final purchase price, remaining asset values and assumed liabilities, are subject to the Debtors review of the Closing Balance Sheet.

Intercompany balances do not include the segregation of pre- and post-petition obligations and accrued interest on post-petition amounts.

For certain Debtors, the Statement of Operations included in Form MOR-2 includes a charge recorded under Reorganization Items to adjust debt balances to estimated allowed claim amounts.

For certain Debtors, the Statement of Operations included in Form MOR-2 includes a gain recorded under Reorganization Items related to eliminating remaining deferred rent and unfavorable lease obligations as Buyer is responsible for all cost and expenses incurred under leases until the Designation Deadline. Under the asset purchase agreement, all leases will either be assumed by the Buyer or otherwise will be rejected by the Debtors.

Adjustments to net obligations related to employee benefit and pension plans have not been evaluated.

The Statement of Operations included in Form MOR-2 does not include amounts related to SFAS No. 123(R), Share-Based Payment.

Adjustments to gross deferred tax assets or deferred tax liabilities, tax receivables, tax payables, tax reserves and any tax effect of the August 3, 2009 sale of substantially all the assets of the Debtors to the Buyer have not been fully evaluated.


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In re: Sonoran Acceptance Corporation Debtor

Case No.: 09-12108

Reporting Period: Aug 30 - Oct 3, 2009

MOR-1A: BANK RECONCILIATIONS

BANK NAME Account Description Account Number Balance

Deutsche Bank Trust (1) SAC Spiegel Trust XXXXXXXX000.1 $ 314,309

(1) Amount is included in Other Assets on MOR-3: Balance Sheet.

I attest that each of the Debtors’ corporate bank accounts is reconciled to monthly bank statements. The Company’s standard practice is to ensure that each corporate bank account is reconciled to monthly bank statements for each calendar month within 30 days after month end. See attached listing of each of the Debtors’ bank accounts and the book balance of the account as of the end of the fiscal month covered by this report.

Authorized Representative

Brent I. Kugman

Printed Name of Authorized Representative


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In re: Sonoran Acceptance Corporation Debtor

Case No.: 09-12108

Reporting Period: Aug 30 - Oct 3, 2009

MOR-2: STATEMENT OF OPERATIONS

REVENUES Current Month Cumulative Filing to Date

Net Revenue $ - $ -

OPERATING EXPENSES

Cost of Goods Sold, Including Buying and Occupancy - -

Selling, General and Administrative Expenses - -

Operating Income - -

OTHER INCOME AND EXPENSES

Other Income (Expense), Net - -

Interest Expense - -

Net Profit (Loss) Before Reorganization Items - -

REORGANIZATION ITEMS

Professional Fees - -

U. S. Trustee Quarterly Fees - -

Interest Earned on Accumulated Cash from Chapter 11 - -

Loss / (Gain) from Sale of Equipment 6,111 6,111

Other Reorganization Expenses - -

Total Reorganization Expenses 6,111 6,111

Income Taxes - -

Net Profit (Loss) $ (6,111) $ (6,111)


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In re: Sonoran Acceptance Corporation Debtor

Case No.: 09-12108

Reporting Period: Aug 30 - Oct 3, 2009

MOR-3: BALANCE SHEET

ASSETS CURRENT ASSETS BOOK VALUE AT END OF CURRENT REPORTING MONTH BOOK VALUE ON PETITION DATE

Unrestricted Cash and Equivalents $ - $ 201,583

Accounts Receivable (Net) - -

Inventories - -

Prepaid Expenses - -

Professional Retainers - -

TOTAL CURRENT ASSETS - 201,583

PROPERTY AND EQUIPMENT

Property and Equipment - -

OTHER ASSETS

Other Assets (see attached schedule) 180,881,812

180,686,417

TOTAL OTHER ASSETS 180,881,812

180,686,417

TOTAL ASSETS $ 180,881,812

$ 180,888,000

LIABILITIES AND OWNER EQUITY

LIABILITIES NOT SUBJECT TO COMPROMISE (Post-Petition) BOOK VALUE AT END OF CURRENT REPORTING MONTH BOOK VALUE ON PETITION DATE

Accounts Payable $ - $ -

Taxes Payable - -

Wages Payable - -

Rent / Leases - Building/Equipment - -

Professional Fees - -

Secured Debt / Adequate Protection Payments - -

Other Post-Petition Liabilities - -

TOTAL POST-PETITION LIABILITIES - -

LIABILITIES SUBJECT TO COMPROMISE (Pre-Petition)

Secured Debt / Adequate Protection Payments - -

Priority Debt - -

Unsecured Debt - -

TOTAL PRE-PETITION LIABILITIES

TOTAL LIABILITIES - -

OWNER EQUITY

Capital Stock 100,000 100,000

Additional Paid-In Capital - -

Retained Earnings - Pre-Petition 180,787,923 180,788,000

Retained Earnings - Pre-Petition (6,111) -

NET OWNER EQUITY 180,881,812 180,888,000

TOTAL LIABILITIES AND OWNERS EQUITY $ 180,881,812 $ 180,888,000


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In re: Sonoran Acceptance Corporation Debtor

Case No.: 09-12108

Reporting Period: Aug 30 - Oct 3, 2009

MOR-3: BALANCE SHEET

(Continuation Sheet)

ASSETS OTHER CURRENT ASSETS BOOK VALUE AT END OF CURRENT REPORTING MONTH BOOK VALUE ON PETITION DATE

OTHER ASSETS

Intercompany receivables from affiliates $ 180,567,503 $ 180,366,417

Deposit related sold financing receivables 314,309 320,000

180,881,812 180,686,417

LIABILITIES AND OWNER EQUITY

OTHER POST-PETITION LIABILITIES BOOK VALUE AT END OF CURRENT REPORTING MONTH BOOK VALUE ON PETITION DATE


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In re: Sonoran Acceptance Corporation

Debtor

Case No.: 09-12108

Reporting Period: Aug 30 - Oct 3, 2009

MOR-5: DEBTOR QUESTIONNAIRE

Yes No

1. Have any assets been sold or transferred outside the normal course of business this reporting period? If yes, provide an explanation below. x

2. Have any funds been disbursed from any account other than a debtor in possession account this reporting period? If yes, provide an explanation below. x

3. Have all post-petition tax returns been timely filed? If no, provide an explanation below. x

4. Are workers compensation general liability and other necessary insurance coverages in effect? If no, provide an explanation below. x

5. Has any bank account been opened during the reporting period? If yes, provide documentation identifying the opened account(s). If an investment account has been opened provide the required documentation pursuant to the Delaware Local Rule 4001-3. x