Free Declaration - District Court of Arizona - Arizona

_ Diane Mann, et al.
V.
GTCR Golder Rauner, L.L.C., et al.
CIV 02-02099 PHX RCB
Declaration of Joseph G. Adams
Exhibit 4
Excerpts of Sean Cunningham Deposition Transcript
Case 2:02-cv-02099-RCB Document 287-3 Filed 11/07/2005 Page 1 of 3

Il
I1 1
1 S50200
2 IN T1-1E UNITED STATES DISTRICT COURT
` DISTRICT OF ARIZONA
3 3
li 4 DIANE MANN, as Trustee )
V for the Estate of )
I 5 Leapsource, Inc.; ) @BC)BjY7 5
_ CHRISTINE V. KIRK, et a1., )
I ` 6 > .
Plaintiffs, )
. 7 )
I _ vs. ) No. CIV—02—2099—
8 ) PHX-RCB
I GTCR GOLDER RAUNER, )
9 L.L.C., et a1., )
I )
10 Defendants. )
‘ )
I 11 MICHAEL MAKINGS, )
_ )
I 12 Counterclaimant, )
) .
I 13 vs. )
)
14 LEAP SOURCE, INC., et a1., )
I )
15 Counterdefendants. )
I 16
17 Videotaped deposition of SEAN L.
18 A CUNNINGHAM, called as a witness by the
n _ 19 1 Plaintiffs, pursuant to the provisions of the_
20 Federal Rules of Civil Procedure pertaining to
I 21 the taking of depositions, before Melanie L.
22 Hum hrey—Sonntag, CSR, RDR, CRR, EAPR, and a
l 23 Notary Public in and for the County of DuPage,
24 State of Illinois, taken at Barack, Ferrazzano,
I SONNTAG REPORTING SERVICE, LTD .
I sonntagreporting.ccm — 800.232.0265

I 1
sum 1.. cuuuxueum —— 5/25/05
I EXAMINRTION BY MR. STIRLING
I 1 2 6
1 Q —- correct?
I 2 A Correct.
3 Q Which is referring to debtor-in-possession;
I 4 right? I
I 5 A Yes, that's correct.
6 Q And the note to that, about D I P financing or
I 7 DIP financing, is referring to financing of a
8 debtor in bankruptcy in possession of its assets;
I
9 correct? ‘
I 10 A Yes, it appears to be.
11 Q Okay. Are the notes on the —- the remainder of
I 12 this page notes of advice that Mr. Eaton gave
I 13 concerning the decision to file for relief in
14 bankruptcy?
15 MR. FOSTER: Object to the form.
16 A I don't know whether all of the substance was
17 from David Eaton or not. It appears to have been
18 discussed with him. I don't know whether others
19 were involved or not, but I don't know that all
20 the content was from him. _
21 BY MR. STIRLING:
22 Q Well, with respect to this note that says, "DIP
23 financiers have first rights to proceeds from
24 asset sales," do you see that note?
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Case 2:02-cv?O?2!6g;§g§EpB§c·;i1jFnIe?wf gg?3 _ gi?e?;i`121 5 Page 3 of 3

Case 2:02-cv-02099-RCB

Document 287-3

Filed 11/07/2005

Page 1 of 3

Case 2:02-cv-02099-RCB

Document 287-3

Filed 11/07/2005

Page 2 of 3

Case 2:02-cv-02099-RCB

Document 287-3

Filed 11/07/2005

Page 3 of 3