Free Reply to Response to Motion - District Court of Delaware - Delaware

Case 1 :05-cv-00876-KAJ Document 12-2 Filed O1/O9/2006 Page 1 of 3 i
UNITED STATES DISTRICT COURT L
DISTRICT OF DELAWARE ‘
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In re:
Chapter ll I
SUMMIT METALS, INC., Case Nos. 98-2870 (RB)
Debtor. _
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AMBROSE M. RICHARDSON, III,
Appeal No. 05-0876 (KAJ) j
Appellant,
v.
FRANCIS A. MONACO, JR., TRUSTEE,
et. al.,
2
Appellees.
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AFFIDAVIT OF MR. LYNN BARTLEY
I, Mr. Lynn Bartley, hereby attest to the following: ;
l. I am the President of RHC Acquisition, Inc. ("RHC"). I have
personal knowledge of all matters and facts set forth herein.
2. I conducted all of the negotiations on behalf of RHC in connection
with its purchase of the assets of Riverside Millwork Company, Inc. ("Rivco").
The Bankruptcy Court for the District of Delaware approved the sale of the Rivco
assets to RHC (the "Sale Transaction”) pursuant to its Memorandum Opinion and
Order dated October 24, 2005, and its Judgment dated October 24, 2005.
3. On November 4, 2005, after the expiration of the ten-day stay
imposed by Rule 6004(g), RHC consummated the Sale Transaction.

0.0 Case 1 :05-cv-00876-KAJ Document 12-2 Filed O1/O9/2006 Page 2 of 3 I u .
a. RHC’s lenders — Citizen’s Bank of Massachusetts and MB
Capital Fund II, LC - have fully frmded the Sale Transaction, _
and RHC has drawn down in excess of $7.3 million under these `
loan agreements. -
b. RHC has delivered the full cash purchase price of $1.2 million to _
the Trustee; ._
c. RHC has paid Rivco’s prior secured lender — CIT — in excess of `
$6 million;
d. The IRS has discharged its lien in an amount which exceeds $5
million against Rivco; -
e. Hundreds of Rivco employees have been transferred to and are
now employed by RHC;
f RHC has assumed and has paid or is paying Rivco’s outstanding "`
trade debt;
g. The minority shareholders of Rivco have been paid $100,000 as I
required by paragraph 7(a) the order of the Bankruptcy Court .
dated May 17, 2005 [Docket No. 463]; and
h. RHC has assumed and is paying and performing virtually all _-
other liabilities of Rivco. .

Case 1:05-cv-00876-KAJ Document 12-2 Filed O1/O9/2006 Page 3 of 3 Q
I affirm that the above statements are true and accurate to the best of my I
knowledge. I understand that if any statements are willfully false, I am subject to
punishment.
Mr. gynn Bartlg
Swongcand subscribed before me
this " day of January, 2005.
Qéggzdml (@0mL
PATn•c|A M. cLEvELAN¤, Notary Putin
My Commlsalcn Expires November?. Q10