IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In re: PERKINS & MARIE CALLENDER'S INC.,

et al., 1

Chapter 11 Case No. 11-11795 (KG) (Jointly Administered)

Hearing Date: August 2, 2011 @ 2:00 p.m. (E.T.) Objection Deadline: July 26, 2011 @ 4:00 p.m. (E.T.)

Debtors,

MOTION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR AN ORDER PURSUANT TO 11 U.S.C. 105(a), 107(b) AND 1102(b)(3) (I) REGARDING CREDITOR ACCESS TO INFORMATION AND (II) AUTHORIZING THE COMMITTEE TO UTILIZE OMNI MANAGEMENT GROUP, LLC

The Official Committee of Unsecured Creditors (the "Committee") in the chapter 11 cases of the above-captioned debtors (the "Debtors"), by and through its undersigned proposed counsel, hereby moves (the "Motion"), pursuant to sections 105(a), 107(b) and 1102(b)(3) of title 11 of the United States Code, 11 U.S.C. 101 et seq. (the "Bankruptcy Code") and Rule 9018 of the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Rules"), for entry of an order (the "Order") (i) providing that the Committee shall not be required under section 1102(b)(3)(A) of the Bankruptcy Code to provide access to certain confidential and other non-public proprietary information or privileged information, except as set forth in the proposed protocol for the dissemination of information (as described below), and (ii) authorizing the Committee to utilize Omni Management Group, LLC, the Debtors' Claims, Noticing, and Balloting Agent, to create the Committee Website (as defined below). In support of the Motion, the Committee respectfully represents as follows:

1 The Debtors, together with the last four digits of each Debtor's federal tax identification number are: Perkins & Marie Callender's Inc. (4388); Perkins & Marie Callender's Holding Inc. (3999); Perkins & Marie Callender's Realty LLC (N/A); Perkins Finance Corp. (0081); Wilshire Restaurant Group LLC (0938); PMCI Promotions LLC (7308); Marie Callender Pie Shops, Inc. (7414); Marie Callender Wholesalers, Inc. (1978); MACAL Investors, Inc. (4225); MCID, Inc. (2015); Wilshire Beverage, Inc. (5887); and FIV Corp. (3448). The mailing address for the Debtors is 6075 Poplar Avenue, Suite 800, Memphis, TN 38119.

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JURISDICTION AND VENUE

1.

This Court has jurisdiction to consider the Motion pursuant to 28 U.S.C. 157

and 1334. This is a core proceeding pursuant to 28 U.S.C. 157(b). Venue is proper before this Court pursuant to 28 U.S.C. 1408 and 1409. The statutory predicates for the relief requested herein are Bankruptcy Code sections 105(a), 107(b) and 1102(b)(3), and Bankruptcy Rule 9018.
BACKGROUND

2.

On June 13, 2011 (the "Petition Date"), each of the Debtors filed a voluntary

petition for relief under chapter 11 of the Bankruptcy Code. Pursuant to sections 1107 and 1108 of the Bankruptcy Code, the Debtors continue in the management and operation of their businesses and properties as debtors in possession. The Debtors' chapter 11 cases have been consolidated for procedural purposes only and are being jointly administered pursuant to Bankruptcy Rule 1015(b). No trustee or examiner has been appointed in these cases. 3. On June 24, 2011, the Office of the United States Trustee appointed the

Committee and designated the following seven (7) members to serve on the Committee: (i) The Coca-Cola Company, (ii) Wilmington Trust Company, (iii) Standard General Master Fund LP, (iv) News America Marketing, (v) Luna Family Trust, (vi) Northgate Station, LP and (vii) Mr. Benjamin Monroy. The Committee consists of the above seven (7) members as of the date hereof.
RELIEF REQUESTED

4.

The Committee requests that this Court enter the Order to (a) clarify that section

1102(b)(3)(A) of the Bankruptcy Code does not authorize or require the Committee to provide access to (i) Confidential Information (as defined below) or (ii) any Privileged Information (as

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defined below), except as set forth in the proposed protocol, and (b) authorize the Committee to utilize Omni Management Group, LLC to create and maintain the Committee Website (as defined below). Entry of the Order will ensure the Committee is able to comply with its obligations under section 1102(b)(3)(A) of the Bankruptcy Code, protect the Debtors' confidential, privileged or proprietary information and protect the Committee's privileged information.
BASIS FOR RELIEF

A.

Section 1102(b)(3) of the Bankruptcy Code Does Not Specify the Nature, Scope, or Extent of Information That the Committee Must Provide to Creditors or the Manner in Which the Information Must Be Provided 5. Section 1102(b)(3) of the Bankruptcy Code provides in pertinent part that a

creditors' committee shall "provide access to information for creditors who (i) hold claims of the kind represented by that committee; and (ii) are not appointed to the committee." 11 U.S.C. 1102(b)(3)(A). However, section 1102(b)(3)(A) does not specify the manner in which a creditors' committee should provide access to "information" and more importantly, does not indicate the nature, scope or extent of the "information" that a creditors' committee must provide to the creditors that the committee represents. 2 6. In its extreme, section 1102(b)(3)(A) of the Bankruptcy Code could be read to

require the Committee to provide access to all information provided by the Debtors or developed through exercise of the Committee's investigative function, regardless of whether the information is confidential, privileged or proprietary.

The legislative history of section 1102(b)(3) does not provide guidance on this issue and merely reiterates the language of the statute. See H.R. Rep. No. 109-31, at 87 (2005), reprinted in 2005 U.S.C.C.A.N. 88, 153 ("Section 405(b) requires the committee to give creditors having claims of the kind represented by the committee access to information. In addition, the committee must solicit and receive comments for these creditors and pursuant to court order, make additional reports and disclosures available to them.").
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7.

Typically, a debtor will share certain confidential information with a creditors'

committee, subject to a confidentiality agreement. This information enables the creditors' committee to assess, among other things, the debtor's capital structure, opportunities for restructuring of the debtor's business in chapter 11, the results of any revised operations of the debtor in the bankruptcy case and the debtor's overall prospects for reorganization under a chapter 11 plan. A debtor typically asks the creditors' committee to execute a confidentiality agreement to ensure that the information the debtor shares will be kept confidential and will only be used on terms acceptable to the debtor. 8. Moreover, in certain instances, a protective order may be entered by the Court
See FED. R.

governing adversary proceedings, contested matters or other matters in the case. BANKR. P. 9037(b). 9.

Section 1102(b)(3)(A) raises the issue of whether a creditors' committee could be

required to share a debtor's confidential information with any creditor that the committee represents. The Committee does not believe that such an interpretation of section 1102(b)(3)(A) can be supported. However, given the importance of the issue, the Committee hereby seeks an order of the Court clarifying that section 1102(b)(3)(A) does not authorize or require the Committee to provide access to the Debtors' Confidential Information to any creditor that the committee represents or other information covered by any protective order entered in these cases. 10. Section 1102(b)(3)(A) also raises the issue of whether a creditors' committee

could be required to share Privileged Information with any creditor represented by the committee. Again, the Bankruptcy Code does not specifically require such a result, and there is

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nothing in the legislative history of section 1102(b)(3)(A) that even implies that a creditors' committee has such an obligation. Nonetheless, given the importance of the issue, the Committee seeks clarification that it is not authorized or required to provide access to Privileged Information to any creditor that the Committee represents. Of course, the Committee would be permitted, but not required, to provide access to Privileged Information to any party so long as (a) such Privileged Information was not Confidential Information and (b) the relevant privilege was held and controlled solely by the Committee. 11. Absent clarification from this Court, the Committee's efforts to participate fully in

these cases could be impeded because the Debtors might be reluctant to share confidential, sensitive financial and strategic information with the Committee if there is a risk the information may be shared with the public, including competitors. This would impede the Committee's efforts to obtain information, which would undermine the Committee's ability to maximize creditor recoveries. Similarly, the Committee would be reluctant to pursue an investigation of potential litigation on behalf of the Debtors' estates and to develop its own analyses if Privileged Information could be disseminated to other parties. 12. Accordingly, the Committee requests that the Court enter an order confirming that

the Committee is not authorized or required to provide access to Confidential Information, Privileged Information, or other information covered by any protective order entered by the Court pursuant to section 1102(b)(3)(A) of the Bankruptcy Code to any creditor represented by the Committee, except as set forth in the protocol proposed below. Such relief will help maximize the value of the estates for creditors and will protect the Committee by making clear that it is not violating the Bankruptcy Code by refusing to provide such information to creditors.

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B.

Proposed Information Dissemination Protocol 13. To balance the need to maintain the confidentiality of the Confidential Information

and Privileged Information with creditors' need for information regarding these cases, the Committee proposes the following protocol (the "Protocol") to be approved by this Court for the dissemination of information to any entity (all references to "Entity" herein shall be as defined in section 101(15) of the Bankruptcy Code): a. Access To Creditor Information: (i) The Committee shall establish and maintain an electronic mail address for creditors to submit questions, comments and requests for access to information. (ii) The Committee shall utilize Omni Management Group, LLC, the Claims, Noticing, and Balloting Agent of the Debtors, to assist the Committee in establishing and maintaining, in accordance with the terms set forth in the fee schedule attached to the Motion as Exhibit A, an internet-accessed webpage (the "Committee Website") linked to the Debtors' bankruptcy information website that provides information including: (1) highlights of significant events in the cases; (2) press releases (if any) issued by the Committee; and (3) responses to creditor questions, comments and requests for access to information; provided, that the Committee may privately provide such responses in the exercise of its reasonable discretion, including in the light of the nature of the information request and the creditor's agreements to be bound by appropriate confidentiality and trading constraints, as approved by the Debtors and the United States Trustee. b. Confidential and Privileged Information: The Committee, its professionals and its members and their (i) respective agents, representatives, advisors and counsel shall not be required to disseminate to any Entity: (A) without further order of the Court, confidential, proprietary, or other non-public information concerning the Debtors or the Committee, including (without limitation) with respect to the acts, conduct, assets, liabilities and financial condition of the Debtors, the operations of the Debtors' businesses and the desirability of the continuance of such businesses or any other matter relevant to these cases or to the formulation of one or more chapter 11 plans (including any and all confidential, proprietary or other non-public materials of the Committee) whether provided (voluntarily or involuntarily) by or on behalf of the Debtors or by any third party or prepared by or for the Committee, or any information covered by the
{894.001-W0015522.}

Committee by-laws (the "By-Laws") or any protective order in these cases (collectively, the "Confidential Information") or (B) any other information if the effect of such disclosure would constitute a general or subject matter waiver of the attorney-client, work product or other applicable privilege possessed by the Committee (collectively, the "Privileged Information"). (ii) Except as set forth above, any information received (formally or informally) by the Committee from any Entity in connection with an examination pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure or in connection with discovery in any contested matter, adversary proceeding or other litigation shall not be governed by the terms of this Protocol but, rather, by any order governing such discovery. (iii) The Debtors shall assist the Committee in identifying any Confidential Information concerning the Debtors that is provided by the Debtors or their agents or professionals, or by any third party, to the Committee, its agents and professionals. Any documents, information or other materials designated by the Debtors as confidential shall be treated as "Confidential Information" for purposes of this Protocol. c.
Creditor Information Requests:

If a creditor (the "Requesting Creditor") submits a written request (i) to the Committee (the "Information Request") for the Committee to disclose information, the Committee shall (A) as soon as practicable, but no more than twenty (20) days after receipt of the Information Request, provide a response to the Information Request (the "Response") including providing access to the information requested or the reasons the Information Request cannot be complied with and (B) provide the Debtors with (x) notice of the Information Request within five (5) business days of the Information Request and (y) a copy of the Response at least three (3) business days prior to providing the Response to the Requesting Creditor. If the Response is to deny the Information Request because the Committee believes the Information Request implicates Confidential Information or Privileged Information that need not be disclosed pursuant to the terms of this Protocol or otherwise under 11 U.S.C. 1102(b)(3)(A), or that the Information Request is unduly burdensome, the Requesting Creditor may, after a good faith effort to meet and confer with an authorized representative of the Committee and an authorized representative of the Debtors regarding the Information Request and the Response, seek to compel such disclosure for cause pursuant to a motion to and hearing in the Court. Such motion shall be served and the hearing on such motion shall be noticed and scheduled pursuant to the Bankruptcy Rules or any case management order entered in these cases. Nothing herein shall be deemed to preclude the Requesting Creditor from requesting that the Court conduct an in camera review of any information specifically responsive to the Requesting Creditor's request that the Committee claims is Confidential Information or Privileged Information.
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(ii) In its Response to an Information Request for access to Confidential Information or Privileged Information, the Committee shall consider, in consultation with the Debtors, whether (A) the Requesting Creditor is willing to agree to reasonable confidentiality and trading restrictions with respect to such Confidential Information or Privileged Information and represents that such trading restrictions and any information-screening process complies with applicable securities laws and other orders of this Court; and (B) under the particular facts, such agreement and any information-screening process that it implements will reasonably protect the confidentiality of such Confidential Information or Privileged Information; provided, however, that if the Committee elects to provide access to Confidential Information or Privileged Information on the basis of such confidentiality and trading restrictions, neither the Debtors nor the Committee shall have responsibility for the Requesting Creditor's compliance with, or liability for violation of, applicable securities or other laws. Any disputes with respect to this paragraph shall be resolved as provided in the preceding paragraph, and, to the extent applicable, the next paragraph. (iii) Notwithstanding anything herein to the contrary, the Committee shall not be required to and shall not disseminate or provide to any person Confidential Information or Privileged Information that it is not entitled to provide pursuant to the By-Laws or any protective order entered in these cases (except as permitted pursuant to the terms of any such protective order) and nothing herein shall alter or affect the terms of any such protective order. d.
Release of Confidential Information of Third Parties:

If the Information Request implicates Confidential Information of the Debtors (or any other Entity) and the Committee agrees that such request should be satisfied, or if the Committee on its own wishes to disclose such Confidential Information to creditors, the Committee shall make a request (the "Committee Information Request") for the benefit of the Debtors' creditors: (I) if the Confidential Information is information of the Debtors, by submitting a written request, each captioned as a "Committee Information Request," to proposed counsel to the Debtors at Troutman Sanders LLP, Attn: Mitchel H. Perkiel, Esq. ("Debtors' Counsel"), stating that such Confidential Information will be disclosed in the manner described in the Committee Information Request, which shall not propose disclosure in a manner inconsistent with this Protocol, unless the Debtors object to such Committee Information Request on or before five (5) business days after the service of such Committee Information Request, which such service shall be effectuated either electronically or via overnight courier; and, after the lodging of such an objection, the Committee, the Requesting Creditor and the Debtors may schedule a hearing with the Court seeking a ruling with respect to the Committee Information Request under 11 U.S.C. 704(a)(7); and (II) if the
1894.001-W00155221

Confidential Information is information of another Entity, by submitting a written request to such Entity and its counsel of record, with a copy to the Debtors' Counsel, stating that such information will be disclosed in the manner described in the Committee Information Request unless such Entity objects to such Committee Information Request on or before five (5) business days after the service of such Committee Information Request; and, after the lodging of such an objection, the Committee, the Requesting Creditor, such Entity and the Debtors may schedule a hearing with the Court seeking a ruling with respect to the Committee Information Request. In the event of any objection to the disclosure of Confidential Information pursuant to this paragraph, no such information shall be disclosed to the extent provided in an order by the Court that has become final and nonappealable.
e. No Obligation to Disseminate to Non-Creditor:

Each Requesting Creditor must include in any Information Request information regarding its claim against the Debtors sufficient to satisfy the Committee, in its sole discretion, that such Requesting Creditor holds claims of the kind represented by the Committee. Nothing in this Protocol requires the Committee to provide access to information or solicit comments from any Entity that has not demonstrated to the satisfaction of the Committee, in its sole discretion, or to the Court, that it holds claims of the kind described in section 1102(b)(3) of the Bankruptcy Code.
f. Exculpation:

None of the Debtors, the Committee or any of their respective directors, officers, employees, members, attorneys, consultants, advisors and agents (acting in such capacity) (collectively, the "Exculpated Parties"), shall have or incur any liability to any Entity (including the Debtors and their affiliates) for any act taken or omitted to be taken pursuant to the procedures set forth herein; provided, however, that the foregoing shall not affect the liability of any Exculpated Party protected pursuant to this paragraph that otherwise would result from any such act or omission to the extent that such act or omission is determined in a final non-appealable order to have constituted a breach of fiduciary duty, gross negligence, or willful misconduct, including, without limitation, fraud and criminal misconduct, or the breach of any confidentiality agreement or order. Without limiting the foregoing, the exculpation provided in this paragraph shall be coextensive with any Exculpated Party's qualified immunity under applicable law.

{894.001-W0015522.}

APPLICABLE AUTHORITY

14.

Section 1102(b)(3)(A) of the Bankruptcy Code, as drafted, may result in a

"chilling effect" on information flow between the Debtors and the Committee, and on the Committee's ability to develop independent analyses with the assistance of its advisors. 15. Under section 105(a) of the Bankruptcy Code, this Court may "issue any order . . .

that is necessary or appropriate to carry out the provisions of this title." 11 U.S.C. 105(a). The Committee submits that the relief requested by this Motion is necessary to allow the Committee to fulfill its statutory obligations as contemplated under section 1103(c) of the Bankruptcy Code. The Committee further submits that the relief requested by this Motion is appropriate and within this Court's authority and is necessary and appropriate to carry out the provisions of the Bankruptcy Code. 16. In addition, Bankruptcy Code section 107(b) provides that "[o]n request of a party

in interest, the bankruptcy court shall . . . protect an entity with respect to a trade secret or confidential research development, or commercial information." 11 U.S.C. 107(b). Pursuant to section 107(b) of the Bankruptcy Code and Bankruptcy Rule 9018, this Court is empowered to protect the Confidential Information and Privileged Information from disclosure to general creditors. 17. The disclosure of Confidential Information or Privileged Information, without

restriction, will not foster the Debtors' reorganization, but rather, could cause serious harm to the Debtors' estates and the ability of the Committee to participate fully in these cases. Based on the foregoing, the Committee respectfully requests that the relief requested herein be granted.

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10

NOTICE

18.

Notice of this Motion will be provided to (i) the Office of the United States

Trustee for the District of Delaware, (ii) counsel to the Debtors, (iii) counsel to the agent for the Debtors' prepetition credit facility and post-petition debtor-in-possession financing facility, (iv) counsel to the indenture trustee for the 14% Senior Secured Notes, (v) counsel to the parties to the "Restructuring Support Agreement" dated as of June 6, 2011, and (vi) all parties entitled to notice under Del. Bankr. L. R. 2002-1(b).
NO PRIOR REQUEST

19.

No previous motion for the relief requested herein has been made to this Court or

any other court. WHEREFORE, the Committee respectfully requests that the Court enter an Order, substantially in the form attached hereto as Exhibit B, (i) granting the Motion, (ii) approving the Protocol, (iii) authorizing the Committee to utilize Omni Management Group, LLC to create the Committee Website under the terms set forth in the fee schedule attached hereto as Exhibit A and (iv) granting such other and further relief as it deems just and proper. Dated: July 11, 2011 Wilmington, Delaware lam E. Chipman, Jr. (No. 3818) Mark D. Olivere (No. 4291) 919 Market Street, Suite 1800 Wilmington, Delaware 19801 Telephone: (302) 467-4400 Facsimile: (302) 467-4450 - and -

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11

Benjamin L Schneider, Esquire Mark R. Somerstein, Esquire ROPES & GRAY LLP 1211 Avenue of the Americas New York, New York 10036-8704 Telephone: (212) 596-9000 Facsimile (212) 596-9090 Proposed Counsel for the Official Committee of Unsecured Creditors

12

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In re: PERKINS & MARIE CALLENDER'S INC.,

et al.

Chapter 11 Case No. 11-11795 (KG) (Jointly Administered)

Hearing Date: August 2, 2011 @ 2:00 p.m. (E.T.) Objection Deadline: July 26, 2011 @ 4:00 p.m. (E.T.)

Debtors,

NOTICE OF MOTION

The Official Committee of Unsecured Creditors (the "Committee"), by and through the undersigned counsel, has filed the attached Motion of the Official Committee of Unsecured Creditors for an Order Pursuant to 11 U.S.C. 105(a), 107(b) and 1102(b)(3) (i) Regarding Creditor Access to Information and (ii) Authorizing the Committee to Utilize Omni Management Group, LLC (the "Motion"). Objections, if any, to the Motion must be filed with the United States Bankruptcy Court, 824 North Market Street, 3 rd Floor, Wilmington, Delaware 19801, on or before July 26, 2011 at 4:00 p.m. (ET). At the same time, you must also serve a copy of the objection upon the undersigned counsel so as to be received no later than 4:00 p.m. (ET) on July 26, 2011. A HEARING ON THE MOTION WILL BE HELD ON AUGUST 2, 2011 AT 2:00 P.M. (ET) BEFORE THE HONORABLE KEVIN GROSS, IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE, 824 NORTH MARKET STREET, 6TH FLOOR, WILMINGTON, DELAWARE 19801. Dated: July 11, 2011 Wilmington, Delaware

William E Chipman, Jr. (No. 3818) Mark D. Olivere (No. 4291) 919 Market Street, Suite 1800 Wilmington, Delaware 19801 Telephone: (302) 467-4400 Facsimile: (302) 467-4450 - and -

Benjamin L. Schneider, Esquire Mark R. Somerstein, Esquire ROPES & GRAY LLP 1211 Avenue of the Americas New York, New York 10036-8704 Telephone: (212) 596-9000 Facsimile: (212) 596-9090
Proposed Counsel for the Official Committee of Unsecured Creditors

EXHIBIT A

OMNI MANAGEMENT GROUP, LLC

www.omnimgt.com

Rate Sheet
Rates Effective: January 2, 2011

HOURLY RATES FOR STANDARD AND CUSTOM SERVICES Senior Consultants Consultants/Project Specialists Programming Clerical Support Quality Assurance PRINTING AND NOTICING SERVICES Copy Document folding and insertion

RATE/COST $195.00 - $275.00 per hour $75.00 - $150.00 per hour $130.00 $185.00 per hour $35.00 - $95.00 per hour $35.00 - $75.00 per hour

$.10 per image $0.05 $.07 each Labels/Envelope Printing E-mail noticing $50.00 per 1,000 $.20/image Facsimile noticing At cost Postage (Advance payment required for postage charges over $10,000) Varies by size Envelopes

NEWSPAPER LEGAL NOTICE PUBLISHING Coordinate and Publish Legal Notice

Quote prior to publishing

CLAIMS MANAGEMENT Inputting proofs of claim $1.50 per claim (These are flat rate charges: no hourly rates are applied to Me inputting of claims) $.20/image, plus $35 per hour Scanning No charge $250 per month per debtor (3 users) $70.00 per add'l user/per month

Remote Internet Access for claims management Setup Access Adel users

CREDITOR DATABASE Data Storage INFORMATIONAL WEBSITE Creation, configuration and initial setup Data entry/information updates Programming and customization Debtor Website Hosting Committee Website Hosting Scanning VIRTUAL DATA ROOMS CALL CENTERS / DEDICATED LINE Creation, configuration and initial setup Hosting Fee Usage Service rates (actual talk and log-entry time) CASE DOCKET/CLAIMS REGISTER SOLICITATION AND TABULATION. Plan and Disclosure Statement Mailings Ballot Tabulation SCHEDULES/SoFA Preparation and updating of Schedules and SoFAs PRE-PETITION CONSULTING SERVICES (e.g. , preparation of cash flow, analysis of cash management system, evaluation of insurance coverage, assist with payroll, assist procurement and distribution of cashiers checks) $65.00 - $275.00 per hour No charge $75 - $95 per hour $130 - $200 per hour No charge No charge 5.20/image, plus $35 per hour Quote upon request $.07 per creditor per month

No charge $5.50 per month $.0825 per minute $75.00 per hour No charge

Quoted prior to printing Standard service rates apply

Standard service rates apply

OMNI MANAGEMENT GROUP, LLC

www.omnimgt.com

Rate Sheet
Rates Effective: January 2, 2011

UST REPORTING COMPLIANCE (e.g ., assist debtors to satisfy jurisdictional requirements, preparation of monthly operating and post-confirmation reports) UQUIDATING/DISBURSING AGENT
(e.g ., comply with Plan requirements, preparation of disbursement

Standard service rates apply

Standard service rates apply

reports, payout calculations, check generation, bank reconciliations) MISCELLANEOUS Telephone charges Delivery Archival DVD/CD-Rom At cost At cost $40.00 per copy

EXHIBIT 6

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In re: PERKINS & MARIE CALLENDER'S INC.,

et aL
, 1

Chapter 11 Case No. 11-11795 (KG) (Jointly Administered)

Ref. No.

Debtors,

ORDER PURSUANT TO 11 U.S.C. 105(a), 107(b) AND 1102(b)(3) (I) REGARDING CREDITOR ACCESS TO INFORMATION AND (II) AUTHORIZING THE COMMITTEE TO UTILIZE OMNI MANAGEMENT GROUP, LLC

Upon the Motion of the Official Committee of Unsecured Creditors for an Order Pursuant to 11 U.S.C. 105(a), 107(b) and 1102(b)(3) (I) Regarding Creditor Access to Information and (II) Authorizing the Committee to Utilize Omni Management Group, LLC (the "Motion")2; and it appearing that the Court has jurisdiction to consider the Motion in accordance with 28 U.S.C. 157 and 1334; and it appearing that venue is proper in this district pursuant to 28 U.S.C. 1408 and 1409; and it appearing that this is a core proceeding pursuant to 28 U.S.C. 157(b)(2); and it appearing that the relief requested in the Motion is in the best interest of the Committee, the Debtors, their estates, and creditors, and after due deliberation, and sufficient cause appearing therefor; IT IS HEREBY ORDERED THAT: The Motion is granted.

1 The Debtors, together with the last four digits of each Debtor's federal tax identification number are: Perkins & Marie Callender's Inc. (4388); Perkins & Marie Callender's Holding Inc. (3999); Perkins & Marie Callender's Realty LLC (N/A); Perkins Finance Corp. (0081); Wilshire Restaurant Group LLC (0938); PMCI Promotions LLC (7308); Marie Callender Pie Shops, Inc. (7414); Marie Callender Wholesalers, Inc. (1978); MACAL Investors, Inc. (4225); MCID, Inc. (2015); Wilshire Beverage, Inc. (5887); and FIV Corp. (3448). The mailing address for the Debtors is 6075 Poplar Avenue, Suite 800, Memphis, TN 38119. 2 Capitalized terms used herein and not otherwise defined have the meaning ascribed to them in the Motion.

{894.001-W0015522.}

Notwithstanding anything contained in section 1102(b)(3)(A) of the Bankruptcy Code to the contrary, the Committee (a) shall not be required to disseminate any Confidential Information or Privileged Information, other than as provided in the Protocol, and (b) shall be deemed to be in compliance with its obligations under section 1102(b)(3)(A) of the Bankruptcy Code. The Committee is hereby authorized to utilize Omni Management Group, LLC, the Claims, Noticing, and Balloting Agent of the Debtors, to assist the Committee in creating and maintaining, in accordance with the terms set forth in the fee schedule attached hereto as Exhibit A, the Committee Website. The following Protocol is approved for the dissemination of information to any entity (all references to "Entity" herein shall be as defined in section 101(15) of the Bankruptcy Code): a. Access To Creditor Information: (i) The Committee shall establish and maintain an electronic mail address for creditors to submit questions, comments and requests for access to information. (ii) The Committee shall utilize Omni Management Group, LLC, the Claims, Noticing, and Balloting Agent of the Debtors, to assist the Committee in establishing and maintaining, in accordance with the terms set forth in the fee schedule attached to the Motion as Exhibit A, an internet-accessed webpage (the "Committee Website") linked to the Debtors' bankruptcy information website that provides information including: (1) highlights of significant events in the cases; (2) press releases (if any) issued by the Committee; and (3) responses to creditor questions, comments and requests for access to information; provided, that the Committee may privately provide such responses in the exercise of its reasonable discretion, including in the light of the nature of the information request and the creditor's agreements to be bound by appropriate confidentiality and trading constraints, as approved by the Debtors and the United States Trustee.

b.

Confidential and Privileged Information:

The Committee, its professionals and its members and their (i) respective agents, representatives, advisors and counsel shall not be required to disseminate to any Entity: (A) without further order of the Court, confidential, proprietary, or other non-public information concerning the Debtors or the Committee, including (without limitation) with respect to the acts, conduct, assets, liabilities and financial condition of the Debtors, the operations of the Debtors' businesses and the desirability of the continuance of such businesses or any other matter relevant to these cases or to the formulation of one or more chapter 11 plans (including any and all confidential, proprietary or other non-public materials of the Committee) whether provided (voluntarily or involuntarily) by or on behalf of the Debtors or by any third party or prepared by or for the Committee, or any information covered by the Committee by-laws (the "By-Laws") or any protective order in these cases (collectively, the "Confidential Information") or (B) any other information if the effect of such disclosure would constitute a general or subject matter waiver of the attorney-client, work product or other applicable privilege possessed by the Committee (collectively, the "Privileged Information"). (ii) Except as set forth above, any information received (formally or informally) by the Committee from any Entity in connection with an examination pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure or in connection with discovery in any contested matter, adversary proceeding or other litigation shall not be governed by the terms of this Protocol but, rather, by any order governing such discovery. (iii) The Debtors shall assist the Committee in identifying any Confidential Information concerning the Debtors that is provided by the Debtors or their agents or professionals, or by any third party, to the Committee, its agents and professionals. Any documents, information or other materials designated by the Debtors as confidential shall be treated as "Confidential Information" for purposes of this Protocol. c.
Creditor Information Requests:

If a creditor (the "Requesting Creditor") submits a written request (i) to the Committee (the "Information Request") for the Committee to disclose information, the Committee shall (A) as soon as practicable, but no more than twenty (20) days after receipt of the Information Request, provide a response to the Information Request (the "Response") including providing access to the information requested or the reasons the Information Request cannot be complied with and (B) provide the Debtors with (x) notice of the Information Request within five (5) business days of the Information Request and (y) a copy of the Response at least three (3) business days prior to providing the Response to the Requesting Creditor.

If the Response is to deny the Information Request because the Committee believes the Information Request implicates Confidential Information or Privileged Information that need not be disclosed pursuant to the terms of this Protocol or otherwise under 11 U.S.C. 1102(b)(3)(A), or that the Information Request is unduly burdensome, the Requesting Creditor may, after a good faith effort to meet and confer with an authorized representative of the Committee and an authorized representative of the Debtors regarding the Information Request and the Response, seek to compel such disclosure for cause pursuant to a motion to and hearing in the Court. Such motion shall be served and the hearing on such motion shall be noticed and scheduled pursuant to the Bankruptcy Rules or any case management order entered in these cases. Nothing herein shall be deemed to preclude the Requesting Creditor from requesting that the Court conduct an in camera review of any information specifically responsive to the Requesting Creditor's request that the Committee claims is Confidential Information or Privileged Information. (ii) In its Response to an Information Request for access to Confidential Information or Privileged Information, the Committee shall consider, in consultation with the Debtors, whether (A) the Requesting Creditor is willing to agree to reasonable confidentiality and trading restrictions with respect to such Confidential Information or Privileged Information and represents that such trading restrictions and any information-screening process complies with applicable securities laws and other orders of this Court; and (B) under the particular facts, such agreement and any information-screening process that it implements will reasonably protect the confidentiality of such Confidential Information or Privileged Information; provided, however, that if the Committee elects to provide access to Confidential Information or Privileged Information on the basis of such confidentiality and trading restrictions, neither the Debtors nor the Committee shall have responsibility for the Requesting Creditor's compliance with, or liability for violation of, applicable securities or other laws. Any disputes with respect to this paragraph shall be resolved as provided in the preceding paragraph, and, to the extent applicable, the next paragraph. (iii) Notwithstanding anything herein to the contrary, the Committee shall not be required to and shall not disseminate or provide to any person Confidential Information or Privileged Information that it is not entitled to provide pursuant to the By-Laws or any protective order entered in these cases (except as permitted pursuant to the terms of any such protective order) and nothing herein shall alter or affect the terms of any such protective order.

d.

Release of Confidential Information of Third Parties:

If the Information Request implicates Confidential Information of the Debtors (or any other Entity) and the Committee agrees that such request should be satisfied, or if the Committee on its own wishes to disclose such Confidential Information to creditors, the Committee shall make a request (the "Committee Information Request") for the benefit of the Debtors' creditors: (I) if the Confidential Information is information of the Debtors, by submitting a written request, each captioned as a "Committee Information Request," to proposed counsel to the Debtors at Troutman Sanders LLP, Attn: Mitchel H. Perkiel, Esq. ("Debtors' Counsel"), stating that such Confidential Information will be disclosed in the manner described in the Committee Information Request, which shall not propose disclosure in a manner inconsistent with this Protocol, unless the Debtors object to such Committee Information Request on or before five (5) business days after the service of such Committee Information Request, which such service shall be effectuated either electronically or via overnight courier; and, after the lodging of such an objection, the Committee, the Requesting Creditor and the Debtors may schedule a hearing with the Court seeking a ruling with respect to the Committee Information Request under 11 U.S.C. 704(a)(7); and (II) if the Confidential Information is information of another Entity, by submitting a written request to such Entity and its counsel of record, with a copy to the Debtors' Counsel, stating that such information will be disclosed in the manner described in the Committee Information Request unless such Entity objects to such Committee Information Request on or before five (5) business days after the service of such Committee Information Request; and, after the lodging of such an objection, the Committee, the Requesting Creditor, such Entity and the Debtors may schedule a hearing with the Court seeking a ruling with respect to the Committee Information Request. In the event of any objection to the disclosure of Confidential Information pursuant to this paragraph, no such information shall be disclosed to the extent provided in an order by the Court that has become final and nonappealable. e.
No Obligation to Disseminate to Non-Creditor:

Each Requesting Creditor must include in any Information Request information regarding its claim against the Debtors sufficient to satisfy the Committee, in its sole discretion, that such Requesting Creditor holds claims of the kind represented by the Committee. Nothing in this Protocol requires the Committee to provide access to information or solicit comments from any Entity that has not demonstrated to the satisfaction of the Committee, in its sole discretion, or to the Court, that it holds claims of the kind described in section 1102(b)(3) of the Bankruptcy Code.

f.

Exculpation:

None of the Debtors, the Committee or any of their respective directors, officers, employees, members, attorneys, consultants, advisors and agents (acting in such capacity) (collectively, the "Exculpated Parties"), shall have or incur any liability to any Entity (including the Debtors and their affiliates) for any act taken or omitted to be taken pursuant to the procedures set forth herein; provided, however, that the foregoing shall not affect the liability of any Exculpated Party protected pursuant to this paragraph that otherwise would result from any such act or omission to the extent that such act or omission is determined in a final non-appealable order to have constituted a breach of fiduciary duty, gross negligence, or willful misconduct, including, without limitation, fraud and criminal misconduct, or the breach of any confidentiality agreement or order. Without limiting the foregoing, the exculpation provided in this paragraph shall be coextensive with any Exculpated Party's qualified immunity under applicable law. Confidential Information and Privileged Information shall not be required to be disseminated pursuant to Section 1102(b)(3) of the Bankruptcy Code by the Committee or its counsel or representatives to any Entity other than as set forth in the Protocol. Notwithstanding any applicability of any Bankruptcy Rules, the terms and conditions of the Order shall be immediately effective and enforceable upon its entry. The Court shall retain jurisdiction to hear and determine all matters arising from the implementation of this Order. Dated: Wilmington, Delaware Honorable Kevin Gross United States Bankruptcy Judge , 2011

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: PERKINS & MARIE CALLENDER'S INC., Chapter 11 Case No. 11-11795 (KG) (Jointly Administered)

et al.
Debtors,

AFFIDAVIT OF SERVICE

STATE OF DELAWARE ) ) SS NEW CASTLE COUNTY ) Michelle M. Dero, being duly sworn according to law, deposes and says that she is employed by the law firm of Landis Rath & Cobb LLP, proposed counsel for the Official Committee of Unsecured Creditors of Perkins & Marie Callender's Inc. in the above-referenced cases, and on the 11 th day of July, 2011, she caused copies of the following: MOTION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR AN ORDER PURSUANT TO 11 U.S.C. 105(A), 107(B) AND 1102(B)(3) (I) REGARDING CREDITOR ACCESS TO INFORMATION AND (II) AUTHORIZING THE COMMITTEE TO UTILIZE OMNI MANAGEMENT GROUP, LLC to be served upon the parties identified on the attached service list in the manner indicated.

Michelle M. Dero SWORN TO AND SUBSCRIBED before e this 11 th day of July, 2011.

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IN RE PERKINS Et MARIE CALLENDER'S INC. BANKRUPTCY CASE NO. 11-11795 (KG) SERVICE LIST/LABELS
Hand Delivery = 13 First Class = 76

Via Hand Delivery

(Counsel for National Retail Properties, Inc.) Christopher P. Simon, Esquire Kevin S. Mann, Esquire Cross Et Simon, LLC 913 North Market Street, 11 th Floor Wilmington, DE 19801

Via Hand Delivery Via Hand Delivery

(Counsel for Debtors) Robert S. Brady, Esquire Robert F. Poppiti, Jr., Esquire Young Conaway Stargatt ft Taylor LLP The Brandywine Building 1000 West Street, 17 th Floor Wilmington, DE 19801 (Counsel for Kimco Realty Corporation) Rachel B. Mersky, Esquire Monzack Mersky McLaughlin and Browder, P.A. 1201 North Orange Street, Suite 400 Wilmington, DE 19801

Via Hand Delivery

(Counsel for Wayzata Investment Partners LLC) David W. Carickhoff, Esquire Stanley B. Tarr, Esquire Blank Rome LLP 1201 Market Street, Suite 800 Wilmington, DE 19801

Via Hand Delivery

(Counsel for Inland Pacific Property Services LLC) Karen C. Bifferato, Esquire Christine M. Thompson, Esquire Connolly Bove Lodge Et Hutz LLP The Nemours Building 1007 North Orange Street Wilmington, DE 19801

Via Hand Delivery

(Counsel for Wells Fargo Capital Finance, LLC) Richard W. Riley, Esquire Duane Morris LLP 222 Delaware Avenue, Suite 1600 Wilmington, DE 19801-1659

Via Hand Delivery

(Counsel for Centro Properties Group) Tobey M. Daluz, Esquire Leslie Heilman, Esquire 919 Market Street, 11 th Floor Wilmington, DE 19801

Via Hand Delivery

Richard Schepacarter, Esquire Office of the United States Trustee 844 King Street, Suite 2207 Wilmington, DE 19801

Via Hand Delivery

Division of Unemployment Insurance Attn: Officer, General or Managing Agent Department of Labor 4425 North Market Street Wilmington, DE 19802

Via Hand Delivery

Ellen Slights, Assistant United States Attorney Office of the United States Attorney 1007 Orange Street, Suite 700 Wilmington, DE 19801

Via Hand Delivery State of Delaware - Division of Revenue 820 North French Street, 8 th Floor Wilmington, DE 19801

Via Hand Delivery Via Hand Delivery

(Counsel for the Omega Entities) John D. Demmy, Esquire Stevens Et Lee, P.C. 1105 North Market Street, 7 th Floor Wilmington, DE 19801 (Counsel for Wisconsin Electric Power Company and Wisconsin Gas, LLC d/b/a WE Energies) Stuart M. Brown, Esquire Michelle E. Marino, Esquire DLA Piper LLP (US) 919 North Market Street, Suite 1500 Wilmington, DE 19801

Via First Class Mail

(Counsel for the Omega Entities) James A. Rubenstein, Esquire Moss ft Barnett 4800 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402

Via First Class Mail

(Counsel for Wisconsin Electric Power Company and Wisconsin Gas, LLC d/b/a WE Energies) Dale K. Cathell, Esquire DLA Piper LLP (US) 6225 Smith Avenue Baltimore, MD 21209

Via First Class Mail

(Counsel for U.S. Foodservice, Inc.) Jeffrey C. Hampton, Esquire Melissa W. Rand, Esquire Saul Ewing LLP Centre Square West 1500 Market Street, 38th Floor Philadelphia, PA 19102

Via First Class Mail Sweetner Supply Corp. Attn: Dan Rissenberg P.O. Box 848 Aurora, IL 60507-0848

Via First Class Mail

(Counsel for AEI Fund Management, Inc.) John M. Koneck, Esquire Fredrikson Et Byron, P.A. 200 South Sixth Street, Suite 4000 Minneapolis, MN 55402-1425

Via First Class Mail Aires Attn: Stephen Reed 2000 Cliff Mine Road, Park West Two 6th Floor Pittsburgh, PA 15275

Via First Class Mail

Kevin Eide, Esquire Akin Gump Strauss Hauer Et Feld LLP Robert S. Strauss Building 1333 New Hampshire Avenue NW Washington, DC 20036

Via First Class Mail Ballas Egg Product Corp. Attn: Craig Ballas PO Box 663881 Indianapolis, IN 46266

Via First Class Mail

(Counsel for BICO Associates GP; Betz Investco GP) Russell W. Savory, Esquire Gotten, Wilson, Savory Et Beard, PLLC 88 Union Avenue, 14th Floor Memphis, TN 38103

Via First Class Mail Bimbo Bakeries USA Inc. Attn: Jim Stone File 52176 Los Angeles, CA 90074

Via First Class Mail

(Counsel for Centro Properties Group) David L. Pollack, Esquire Jeffrey Meyers, Esquire Ballard Spahr LLP 51st Floor - Mellon Bank Center 1735 Market Street Philadelphia, PA 19103

Via First Class Mail

(Counsel for City of Waco, Waco Independent School District) Michael Reed, Esquire McCreary, Veselka, Bragg Et Allen, P.C. P.O. Box 1269 Round Rock, TX 78680

Via First Class Mail Via First Class Mail Cremes Unlimited Inc. Attn: John Evans 39633 Treasury Center Chicago, IL 60894
(Counsel for Daly City Serramonte Center, LLC; Irvine Company, LLC) Ernie Zachary Park, Esquire Bewley, Lassleben Et Miller, LLP 13215 East Penn Street, Suite 510 Whittier, CA 90602-1797

Via First Class Mail Delaware Secretary Of State - Division of Corporations Franchise Tax Attn: Officer, General or Managing Agent P.O. Box 898 Dover, DE 19903

Via First Class Mail Duck Delivery Produce Attn: Derek Delandro 8448 NE 33 rd Drive, Suite 120 Portland, OR 97211

Via First Class Mail

Ecolab Pest Elimination Division Attn: Richard Hoofer PO Box 6007 Grand Forks, ND 58206-6007

Via First Class Mail EFM Group Attn: Del Crone 118 West Julie Drive Tempe, AZ 85283

Via First Class Mail

Edward P. Zujkowskl, Esquire Emmet, Marvin Et Martin LLP 120 Broadway, 32nd Floor New York, NY 10271

Via First Class Mail Engauge Total Attn: Nick Bandy 375 North Front Street, Suite 40 Columbus, OH 43215

Via First Class Mail Fleischmann's Yeast Inc. Attn: Rice Pashia 4776 Collections Center Drive Chicago, IL 60693

Via First Class Mail

Douglas Spelfogel, Esquire Foley Et Lardner LLP 90 Park Avenue New York, NY 10016-1314

Via First Class Mail Freshpoint Attn: Jeff Ronk 155 North Orange Avenue City of Industry, CA 91744

Via First Class Mail General Mills, Inc. Attn: Dan Hilton P.O. Box 120845 Dallas, TX 75312

Via First Class Mail GGP Limited Partnership, as Agent Attn: Kristen N. Pate 110 North Wacker Drive Chicago, IL 60606

Via First Class Mail

Michele Maryott, Esquire Gibson Dunn Et Crutcher LLP Department 0723 Los Angeles, CA 90084-0723

Via First Class Mail H. Nagel & Son Co. Inc. Attn: Mike Norris 2428 Central Parkway Cincinnati, OH 45214

Via First Class Mail

(Counsel for Harris County) John P. Dittman, Esquire Linebarger Goggan Blair & Sampson, LLP P.O. Box 3064 Houston, TX 77253-3064

Via First Class Mail Heilbrice Attn: Jeff Morris 9840 Irvine Center Drive Irvine, CA 92818

Via First Class Mail Internal Revenue Service Attn: Officer, General or Managing Agent 2970 Market Street P.O. Box 7346 Philadelphia, PA 19101-7346

Via First Class Mail Juana's Packing Co. Attn: Lee Erickson 14788 Winans Street West Olive, MI 49460

Via First Class Mail KABC-TV Attn: Paul Flectcher File #53525 Los Angeles, CA 90074

Via First Class Mail Kendall Frozen Fruits, Inc. Attn: Susan Kendall 9777 Wilshire Boulevard, #818 Beverly Hills, CA 90212-1908

Via First Class Mail KTTV Attn: Mark Sriro Fox Television Studios 1999 South Bundy Drive Los Angeles, CA 90025-5235

Via First Class Mail Lorders Croklaan USA Attn: Donna Bell P.O. Box 751594 Charlotte, NC 28275-1594

Via First Class Mail Merchants Cold Storage Attn: John Wales P.O. Box 708022 Cincinnati, OH 45270-6022

Via First Class Mail Micros Systems Inc. Attn: Cindy Rivers P.O. Box 23747 Baltimore, MD 21203-5747

Via First Class Mail Mid Valley Nut Co. Inc. Attn: Gwen Bilek P.O. Box 987 Hughson, CA 95326

Via First Class Mail Moody's Investors Service Inc. Attn: Matt Maldhoff P.O. Box 102597 Atlanta, GA 30368-0597

Via First Class Mail News America Marketing FSI Inc. Attn: Dominic Soria P.O. Box 7247-6168 Philadelphia, PA 19170-6168

Via First Class Mail Via First Class Mail Next Day Gourmet Attn: Marc Karos 5353 Nathan Lane Plymouth, MN 55442
(Counsel for Northgate Station) John R. Knapp, Jr., Esquire Miller Nash LLP 4400 Two Union Square 601 Union Street Seattle, WA 98101

Via First Class Mail Omega Trust Attn: Brian Schwein 250 Lake Drive Chanhassen, MN 55317

Via First Class Mail

Joseph F. Trungale, President and CEO Perkins Et Marie Callender's Inc. 6075 Poplar Avenue, Suite 800 Memphis, TN 38119

Via First Class Mail R. W. Smith Et Company Attn: Ken Foster P.O. Box 51847 Los Angeles, CA 90051-6147

Via First Class Mail Roger's Poultry Co. Attn: Karla Santiago 5050 South Santa Fe Avenue Vernon, CA 90058

Via First Class Mail

Robert Goldstein, Esquire Schulte Roth Et Zabel LLP 919 Third Avenue New York, NY 10022

Via First Class Mail Secretary of the Treasury Attn: Officer, General or Managing Agent P.O. Box 7040 Dover, DE 19903

Via First Class Mail Via First Class Mail Securities Et Exchange Commission 100 F Street, NE Washington, DC 20549
George S. Canellos, Regional Director Securities Et Exchange Commission 3 World Financial Center, Suite 400 New York, NY 10281-1022

Via First Class Mail Shoes for Crews LLC Attn: Mary Lance, Vice President of Operations 250 South Australian Avenue West Palm Beach, FL 33401

Via First Class Mail

(Counsel for Simon Property Group, Inc.) Ronald M. Tucker, Esquire 225 West Washington Street Indianapolis, IN 46204

Via First Class Mail Skidmore Sales Et Distributing Inc. Attn: Karen Dewitt 3767 Solutions Center Chicago, IL 60677-3007

Via First Class Mail Sysco Attn: Alicia Kestelroot P.O. Box 27638 Salt Lake City, UT 84127-0638

Via First Class Mail Via First Class Mail

(Counsel for Sysco Corporation) Kendra Mayer, Esquire Trey A. Monsour, Esquire Haynes and Boone, LLP 2323 Victory Avenue, Suite 700 Dallas, TX 75219

Talx Corporation Attn: Kelly Brechman 3065 Paysphere Circle Chicago, IL 60674

Via First Class Mail The Bank of New York Mellon Trust Company, N.A., as Indenture Trustee Successor to Bank of New York Attn: John Guilano 101 Barday Street New York, NY 10288

Via First Class Mail (Counsel for Comptroller of Public Accounts of the State of Texas) Mark Browning, Assistant Attorney General Bankruptcy Et Collection Division P.O. Box 12548 Austin, TX 78711-2548

Via First Class Mail Via First Class Mail (Counsel for The Macerich Company) Dustin P. Branch, Esquire Thomas J. Leanse, Esquire Katten Muchin Rosenman LLP 2029 Century Park East, Suite 2600 Los Angeles, CA 90067-3012

Toof Commercial Painting Attn: Andy Overton P.O. Box 140539 Memphis, TN 38114

Via First Class Mail Via First Class Mail Brett D. Goodman, Esquire Michael H. Perkiel, Esquire Troutman Sanders LLP The Chrysler Building 405 Lexington Avenue New York, NY 10174

Tri State Cakes Attn: Alvin D. Kuper 3400 South Duluth Sioux Falls, SD 57105

Via First Class Mail

Via First Class Mail

Trustaff Personnel Services Attn: Lynn Dorn 4270 Glendale-Milford Road Cincinnati, OH 45242

US Food Service Inc. Attn: Anne Calmcross 2884 Eagendale Boulevard Eagen, MN 55121

Via First Class Mail

Via First Class Mail (Counsel for Wayzata Investment Partners) Ray Wallender, Esquire 701 East Lake Street, Suite 300 Wayzata, MN 55391

Wawona Frozen Foods Attn: Susan Kendall P.O. Box 49330 San Jose, CA 95161-9330

Via First Class Mail

(Counsel for Wayzata Investment Partners LLC) Ira S. Dizengoff, Esquire Akin Gump Strauss Hauer Et Feld LLP One Bryant Park New York, NY 10036-6745

Via First Class Mail

(Counsel for Wayzata Investment Partners LLC) Scott L Alberino, Esquire Akin Gump Strauss Hauer Et Feld LIP Robert S. Strauss Building 1333 New Hampshire Abenue, N.W. Washington, DC 20036-1564

Via First Class Mail

(Counsel for Wells Fargo Capital Finance, LLC) Aaron M. Klein, Esquire Paul, Hastings, Janofsky Et Walker LLP Park Avenue Tower 75 East 55 th Street, First Floor New York, NY 10022

Via First Class Mail

(Counsel for Wells Fargo Capital Finance, LLC) Jessie H. Austin, Esquire Cassie Coppage, Esquire Paul, Hastings, Janofsky Et Walker LLP 800 Peachtree Street, N.E. Twenty-Fourth Floor Atlanta, GA 30308

Via First Class Mail

(Counsel for Wilmington Trust Company, FSB) Douglas E. Spelfogel, Esquire Richard J. Bernard, Esquire Foley & Lardner LLP 90 Park Avenue, 29 th Floor New York, NY 10016

Via First Class Mail

(Counsel for American National Insurance Company) Frederick Black, Esquire Tara B. Annweiler, Esquire Greer, Herz Et Adams, LLP One Moody Plaza, 18 th Floor Galveston, Texas 77550

Via First Class Mail Via First Class Mail

(Counsel for Vahe Hacopian and Armineh G. Hacopian, as Trustees of the Hacopian Living Trust dated January 15, 1990) Varand Gourjian, Esquire Gourjian Law Group, P.C. 101 North Brand Boulevard, Suite 1220 Glendale, CA 91203 (Counsel for the City of Memphis, Tennessee) Elizabeth Weller, Esquire Linebarger Goggan Blair & Sampson, LLP 2323 Bryan Street, Suite 1600 Dallas, TX 75201

Via First Class Mail

(Counsel for Pepsi-Cola Company, a Division of PepsiCo, Inc.) Joseph D. Frank, Esquire Jeremy C. Kleinman, Esquire FRANK/GECKER LLP 325 North LaSalle Street, Suite 625 Chicago, Illinois 60654

Via First Class Mail GE Money Bank c/o Recovery Management Systems Corp. 25 SE rd Avenue, Suite 1120 Miami, FL 33131-1605 Attn: Ramesh Singh
(SAM'S CLUB BRC [Last Four Digits of Account:0333])