Old FENM Inc. (f/k/a Fresh & Easy Neighborhood Market Inc.) Bankruptcy New Filing Alert: Objection To The Motion For Authority To Sell Assets Of The Estates Pursuant To Section 363 Of The Bankruptcy Code

On December 5, 2013, an objection to the motion for authority to sell assets of the estates pursuant to section 363 of the Bankruptcy Code was filed in the bankruptcy case of Old FENM Inc. (f/k/a Fresh & Easy Neighborhood Market Inc.) and its affiliates. The filing was assigned docket number 415 and is described on the court’s official docket as follows:

Objection \\ Restatement of and Additional Limited Objection in Conjunction with the Limited Objection of Thrifty Payless, Inc., Rite Aid Corporation, Silver State Station LLC and TNP SRT Portfolio 1 LLD to Debtors’ Motion for (I) an Order (A) Establishing Bid Procedures for the Sale of Designation Rights with Respect to Certain of the Debtors’ Leases (B) Approving the Designation Rights Agreement and Bidding Protections, and (C) Granting Certain Related Relief and (II) an Order (A) Approving the Sale of Designation Rights with Respect to Certain of the Debtors’ Leases Free and Clear of Liens, Claims, Encumbrances and Other Interests, (B) Establishing Assumption and Assignment Procedures, and (C) Granting Certain Related Relief (related document(s)[215], [317], [379]) Filed by Rite Aid Corporation, Silver State Station LLC, TNP SRT Portfolio 1 LLC, Thrifty Payless, Inc. (Attachments: # (1) Certificate of Service) (Heilman, Leslie)

Old FENM Inc. (f/k/a Fresh & Easy Neighborhood Market Inc.) filed for bankruptcy protection, or had an involuntary bankruptcy petition filed against it, on September 30, 2013. The bankruptcy case is pending before the United States Bankruptcy Court for the District of Delaware. The case number for the lead bankruptcy case is 13-12569. The bankruptcy case is currently assigned to United States Bankruptcy Judge Kevin Carey. The law firm of Jones Day LLP is acting as lead bankruptcy counsel to Old FENM Inc. (f/k/a Fresh & Easy Neighborhood Market Inc.) in the bankruptcy case.

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