Professional Documents
Culture Documents
Bankruptcy Filing of Reservation of Rights For Charter Communications Inc.
Bankruptcy Filing of Reservation of Rights For Charter Communications Inc.
Bankruptcy Filing of Reservation of Rights For Charter Communications Inc.
53rd at Third
885 ThIrd Avenue
New York, New York 10022-4834
Tel: +1.212.906.1200 Fax: +1.212.751.4864
www.lw.com
FIRM / AFFILIATE OFFICES
Abu Dhabl Munidi
Barcelona New Jersey
Brussels New York
Chicago Orange County
Doha Parts
Oubal Rome
Frankiurt San Diego
Hamburg San Francisco
Hong Kong Shanghai
London Silicon Valley
Los Angeles Singapore
Madrid Tokyo
Milan Washington, D.C.
Moscow
Dear Sir/Madam:
Enclosed please find a copy of the Reservation of Rights of Turner Broadcasting System,
Inc. filed as docket number 893 on the CMIECF System.
Please do not hesitate to contact me if you have any questions. Thank you.
Best regards,
Lauren Gaskill
of LATHAM & WATKINS LLP
Enclosure
LATHAM & WATKINS LLP
Robert J. Rosenberg
Adam J. Goldberg
885 Third Avenue
New York, New York 10022
Tel: (212) 906-1200
Fax: (212) 751-4864
Attorneys for Turner Broadcasting System, Inc.
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
)
In re: ) Chapter 11
)
CHARTER COMMUNICATIONS, INC., eta!., ) Case No. 09-11435 (JMP)
)
Debtors. ) (Jointly Administered)
________________________________________________________________________________________ )
RESERVATION OF RIGHTS OF TURNER BROADCASTING SYSTEM, INC. ON
BEHALF OF ITSELF AND CERTAIN OF ITS SUBSIDIARIES TO PROPOSED CURE
AMOUNT IN CONNECTION WITH ASSUMPTION OF AGREEMENTS BETWEEN
THE DEBTORS AND TURNER BROADCASTING SYSTEM, INC. AND/OR CERTAIN
OF ITS SUBSIDIARIES
Turner Broadcasting System, Inc. (“TBS._Inc.”), on behalf of itself and certain of its
subsidiaries with which the Debtors have ongoing contractual relationships as identified below
(collectively, “Turner”), a party in interest, files this objection to the cure amounts proposed by
the Debtors in connection with assumption of agreements between Turner and the Debtors
pursuant to the Debtors’ Joint Plan of Reorganization Pursuant to Chapter 11 of the United States
Bankruptcy Code (Docket No. 273) (the “i”) and states as follows:
BACKGROUND
1. On March 27, 2009 (the “Petition Date”), each of the Debtors filed petitions for
relief under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”). The
Debtors continue to operate their businesses as debtors in possession pursuant to sections 1107
and 1108 of the Bankruptcy Code.
2. TBS, Inc. and certain of its subsidiaries, including Turner Network Sales, Inc.,
Superstation, Inc. and Cable News Network, Inc. (formerly Cable News Network LP, LLLP),’
are party to multiple agreements with the Debtors, which together, among other things, permit
the Debtors to distribute television services provided by Turner through their cable systems and
obligate the Debtors to pay Turner for such distribution rights.
3. Pursuant to the Plan, the Debtors served on Turner multiple Notices to
Counterparties to Executory Contracts to Be Assumed Pursuant to Plan (the “Cure Notices”).
The Debtor’ Cure Notices together provide for assumption of all agreements between the
Debtors and Turner (the “Assumed Agreements”). The Cure Notices provide that the cure
amount for all of the agreements is $0.00 (the “Proposed Cure Amount”).
4. Pursuant to the Assumed Agreements and the course of conduct established
between the Debtors and Turner and thereunder, the Debtors and Turner conduct periodic audits
of the Debtors’ satisfaction of their payment obligations under the Assumed Agreements and
settle any outstanding balances. The Debtors and Turner have not in certain instances
commenced and/or completed audits concerning the Debtors’ payments under the Assumed
Agreements on account of periods prior to and after the Petition Date.
RESERVATION OF RIGHTS
5. Turner does not object to the Debtors’ assumption of the Assumed Agreements.
Turner hereby reserves its right to assert additional charges under the Assumed Agreements for
Cable News Network, Inc. is successor in interest to Cable News Network LP, LLLP.
Cable News Network, Inc. was formed following the merger of Cable News Network LP,
LLLP into CNN Investment Company, Inc.
2
services rendered prior to and after the Petition Date based on the results of regular audits
conducted by the Debtors and Turner in the normal course of their business relationships.
WHEREFORE, Turner reserves its rights to assert additional charges under the Assumed
Agreement for services rendered prior to and after the Petition Date in the normal course of the
business relationships between the Debtors and Turner and to supplement this reservation of
rights.
Dated: October 27, 2009 Respectfully Submitted,
New York, New York
LATHAM & WATKINS LLP
_/s/Robert J. Rosenberg
Robert J. Rosenberg (Bar No. RR-9585)
Adam J. Goldberg (Bar No. AG-2007)
885 Third Avenue
New York, New York 10022
Tel: (212) 906-1200
Fax: (212) 751-4864
Attorneys for Turner Broadcasting System,
Inc.
3
LATHAM & WATKINS LLP
Robert J. Rosenberg
Adam J. Goldberg
885 Third Avenue
New York, New York 10022
Tel: (212) 906-1200
Fax: (212) 751-4864
Attorneys for Turner Broadcasting System, Inc.
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
In re:
CHARTER COMMUNICATIONS,
1NC., et a!.,
Debtors.
)
) Chapter 11
)
) Case No. 09-11435 (iMP)
)
) (Jointly Administered)
)
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
Lauren Gaskill, being duly sworn, deposes and says:
1. I am not a party to this action, am over 18 years of age and am employed by the
law firm of LATHAM & WATKINS LLP, 885 Third Avenue, New York, New York 10022.
2. On October 29, 2009, I caused true and correct copies of the Reservation of
Rights of Turner Broadcasting System, Inc. on Behalf of Itself and Certain of its Subsidiaries to
Proposed Cure Amount in Connection with Assumption of Agreements Between the Debtors and
Turner Broadcasting System, Inc. andlor Certain of its Subsidiaries [Docket No. 893], to be
served upon the parties identified in Exhibit A.
3. I caused true and correct copies of the above-referenced Reservation of Rights of
Turner Broadcasting System, Inc. to be served electronically on notice parties via the Court’s
Case Management/Electronic Case Filing (CM/ECF) system.
/s/ Lauren Gaskill
Lauren Gaskill
Sworn to before me this
29th day of October, 2009
/s/ Santa Chalen
Santa Chalen
Notary Public, State of New York
No. 01CH6028175
Qualified in Bronx County
Commission Expires July 26, 2013
Exhibit A
Kirkland & Ellis LLP
Ray C Schrock
300 N LaSalle St
Chicago, IL 60654
Chambers Copy
United States Bankruptcy Court
Honorable Judge James M Peck
One Bowling Green
US Custom House
New York, NY 10004
Aldine SD
Susan R Fuertes
14910 Aldine Westfield Rd
Houston, TX 77032
Attorney General
Christopher R Momjian
21 S 12th St 3rd Fl
Philadelphia, PA 19107-3603
Bank of America NA
Attn Joel Weaver
TX 1 419 14 12
Dallas, TX 75202-3414
Bank of America NA
901 Main St
TX 14191411
Dallas, TX 75202-3714
Bank of Montreal
Manager Derivatives Operations
250 Yonge St 10th Fl
Toronto, ON M5B 2L7
CANADA
Buchalter Nemer
Shawn M Christianson
333 Market St 25th Fl
San Francisco, CA 941 05-2126
Buchanan Ingersoll & Rooney PC
Magdeiine Coleman & Jeffrey Carbino
620 Eighth Ave 23rd Fl
New York, NY 10018
Citibank NA
Dept Head Legal Dept
77 Water St 9th Fl
New York, NY 10004
Citibank NA
Director Derivatives Operations
250W St 10th Fl
New York, NY 10013
Commonwealth of Pennsylvania
Timothy A Bortz
625 Cherry St Rm 203
Reading Bankruptcy & Compliance Unit
Reading, PA 19602-1184
County of Kern
Attn Bankruptcy Division
c o Treasurer Tax Coil Office
PD Box 579
Bakersfield, CA 93302-0579
County of Kern
Jerri S Bradley
1115 Truxtun Ave 4th Fl
Bakersfield, CA 93301
Handy Township
Michael J Kehoe
224 W Sibley St
Howell, MI 48843
Intrado Inc
Elaine Stuart
1601 Dry Creek Dr
Longmont, CO 80503
J Scott Douglass
909 Fannin Ste 1800
Houston, TX 77010
Lowenstein Sandier PC
Vincent A DAgostino & Joseph M Yar
65 Livingston Ave
Roseland, NJ 07068-0000
Massachusetts Dept of
Telecommunications & Cable
Geoffrey Why
2 South Station 4th Fl
Boston, MA 02110-0000
McGuireWoods LLP
David I Swan & Kenneth M Misken
1750 Tysons Blvd Ste 1800
McLean, VA 22102-4215
McGuireWoods LLP
Shawn R Fox
1345 Avenue of the Americas 7th Fl
New York, NY 10105-0106
NA of Attorneys General
Karen Cordry
750 First St NE Ste 1100
Washington, DC 20570
Rabobank Intl
Swap Desk
Croeselaan 18
P0 Box 17100
3500 Hg
Utrecht, 1438
THE NETHERLANDS
Secretary of State
Division of Corporations
99 Washington Ave Ste 600
One Commerce Plz
Albany, NY 1223 1-0001
Secretary of State
123 William St
New York, NY 10038-3804
Trainor Fairbrook
Nancy Hotchkiss
P0 Box 255824
Sacramento, CA 95865
Travelers
Mike Lynch
I Tower Sq 5MN
Account Resolution
Hartford, CT 06183
Unisys Corporation
Janet Fitzpatrick
Unisys Way
PC Box 500
MS E8 108
Blue Bell, PA 19424
US Attorney General
US Department of Justice
950 Pennsylvania Ave NW
Washington, DC 20530-0001
US Bank NA
Gail F Scannell
One US Bank Plz
SL MO T12M
St Louis, MO 63101
US Department of Justice
950 Pennsylvania Ave NW
Washington, DC 20530-0001
Waterman PC
Matthew RK Waterman
425 Park Ave 27th Fl
New York, NY 10022
Wilmington Trust Co
Geoff Lewis
1100 N Market St
Rodney Sq North
Wilmington, DE 19890-1615