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Contract analysis / proof-of-claim-form.docx
proof-of-claim-form.docx
1011-00002 · 18 clauses
High · 1 Medium · 3 Standard · 10
1. Who is the creditor?
1. Who is the creditor? Name: Meridian Consumer Brands LLC Name and address where notices should be sent: Meridian Consumer Brands LLC 575 Lexington Avenue, 22nd Floor New York, NY 10022 Attention: Priya Anand, General Counsel Telephone: (212) 554-8100 Email: panand@meridiancb.com Creditor's Federal Employer Identification Number (EIN): 83-2947156 The creditor identified above, Meridian Consumer Brands LLC ("Meridian
2. Has anyone else already filed a proof of claim relating to this claim? Standard
⚑ Commercial term
2. Has anyone else already filed a proof of claim relating to this claim? No. Name and address where notices to creditor's attorney should be sent: Delaware Counsel: Calderwood & Harkness LLP 1105 N. Market Street, Suite 1400 Wilmington, DE 19801 Attention: Nathan Ikeda Telephone: (302) 778-6200 Email: nikeda@calderwoodharkness.com New York Counsel: Calderwood & Harkness LLP 200 Park Avenue, 38th Floor New York, NY 1
4. Total amount of claim as of the date the case was filed (October 14, 2025): High
⚑ Penalty / liquidated damages
4. Total amount of claim as of the date the case was filed (October 14, 2025): $14,726,418.37 Does this amount include interest or other charges in addition to the principal amount of the claim? No. The amount stated above represents the aggregate face value of eighty-three (83) unpaid trade invoices for goods sold and delivered to the debtor in the ordinary course of business. The amount does not include any interes
1. Invoice No. MCB-092174 — Oldest unpaid invoice, dated July 18, 2025, in the amount of Standard
⚑ Commercial term
1. Invoice No. MCB-092174 — Oldest unpaid invoice, dated July 18, 2025, in the amount of $212,600.00 (household cleaning products — assorted SKUs), together with corresponding bill of lading and signed delivery confirmation dated July 21, 2025.
2. Invoice No. MCB-095301 — Most recent unpaid invoice, dated October 10, 2025, in the am Standard
⚑ Commercial term
2. Invoice No. MCB-095301 — Most recent unpaid invoice, dated October 10, 2025, in the amount of $187,440.50 (personal care items and small kitchen appliances — assorted SKUs), together with corresponding bill of lading and signed delivery confirmation dated October 13, 2025 (delivery confirmation reference DC-CAS-41080).
3. Invoice No. MCB-093432 — § 503(b)(9) qualifying invoice, dated September 23, 2025, in Standard
⚑ Commercial term
3. Invoice No. MCB-093432 — § 503(b)(9) qualifying invoice, dated September 23, 2025, in the amount of $218,640.00 (small kitchen appliances — air fryers), together with corresponding bill of lading and signed delivery confirmation dated September 24, 2025 (delivery confirmation reference DC-CAS-40871).
4. Invoice No. MCB-094160 — § 503(b)(9) qualifying invoice, dated October 10, 2025, in th Standard
⚑ Commercial term
4. Invoice No. MCB-094160 — § 503(b)(9) qualifying invoice, dated October 10, 2025, in the amount of $247,310.00 (small kitchen appliances — espresso machines), together with corresponding bill of lading and signed delivery confirmation dated October 14, 2025 (delivery confirmation reference DC-CAS-41073).
5. Invoice No. MCB-093645 — § 503(b)(9) qualifying invoice, dated September 29, 2025, in Standard
⚑ Commercial term
5. Invoice No. MCB-093645 — § 503(b)(9) qualifying invoice, dated September 29, 2025, in the amount of $201,540.00 (household cleaning products — fabric softeners), together with corresponding bill of lading and signed delivery confirmation dated October 1, 2025 (delivery confirmation reference DC-CAS-40930).
6. Invoice No. MCB-092965 — Invoice within the 45-day reclamation window but outside the Standard
⚑ Commercial term
6. Invoice No. MCB-092965 — Invoice within the 45-day reclamation window but outside the 20-day § 503(b)(9) window, dated August 30, 2025, in the amount of $186,330.00 (household cleaning products — assorted SKUs), together with corresponding bill of lading and signed delivery confirmation dated September 2, 2025.
7. Invoice No. MCB-093270 — Mid-period invoice, dated September 15, 2025, in the amount o Standard
⚑ Commercial term
7. Invoice No. MCB-093270 — Mid-period invoice, dated September 15, 2025, in the amount of $226,850.00 (small kitchen appliances — stand mixers), together with corresponding bill of lading and signed delivery confirmation dated September 17, 2025. Availability of Complete Documentation Full copies of all eighty-three (83) invoices and all associated delivery documentation — including bills of lading, signed proof-of-
1. Administrative Expense Priority Under 11 U.S.C. § 503(b)(9). Meridian reserves its rig Standard
⚑ Commercial term
1. Administrative Expense Priority Under 11 U.S.C. § 503(b)(9). Meridian reserves its right to an administrative expense claim in the amount of $1,847,200.00 representing the value of goods received by the Debtor in the ordinary course of the Debtor's business within twenty (20) days before the date of commencement of this case, as provided in 11 U.S.C. § 503(b)(9). This right is asserted both herein and in Meridian'
2. Reclamation Rights Under 11 U.S.C. § 546(c). Meridian reserves its reclamation rights
2. Reclamation Rights Under 11 U.S.C. § 546(c). Meridian reserves its reclamation rights under 11 U.S.C. § 546(c) with respect to goods delivered to the Debtor within the forty-five (45) day period preceding the petition date, with an aggregate invoice value of approximately $3,218,650.00. Meridian served a written reclamation demand on October 16, 2025, and reserves all rights thereunder, including the right to seek
3. Critical Vendor Rights. Meridian reserves all rights under any critical vendor order e Standard
⚑ Commercial term
3. Critical Vendor Rights. Meridian reserves all rights under any critical vendor order entered in this case. The Debtor has proposed, and the Court has considered, a critical vendor facility providing for, among other things, a proposed $2,500,000 critical vendor payment to Meridian. Meridian reserves all rights with respect to such payment and any conditions attached thereto. To the extent any critical vendor payme
4. Defenses to Preference Actions Under 11 U.S.C. § 547. Meridian reserves all defenses a Medium
⚑ Liability cap to check against exposure
4. Defenses to Preference Actions Under 11 U.S.C. § 547. Meridian reserves all defenses and affirmative defenses to any avoidance action that may be commenced under 11 U.S.C. § 547 or any other provision of the Bankruptcy Code, including but not limited to: (a) the ordinary course of business defense under 11 U.S.C. § 547(c)(2); (b) the new value defense under 11 U.S.C. § 547(c)(4); (c) the contemporaneous exchange f
5. Trade Credit Insurance. Meridian maintains trade credit insurance coverage under Clear Medium
⚑ Assignment / subcontracting
5. Trade Credit Insurance. Meridian maintains trade credit insurance coverage under Clearwater Surety & Insurance Co. Policy No. TCI-2024-00783. The policy provides coverage of up to $5,000,000 (Cascadia sub-limit), subject to a 10% co-insurance retention. Based on the terms of the policy and the amount of the claim, Meridian's net expected insurance recovery is $4,500,000.00. Meridian reserves all rights in connecti
6. Right to Amend. Meridian reserves the right to amend, supplement, modify, or withdraw
6. Right to Amend. Meridian reserves the right to amend, supplement, modify, or withdraw this Proof of Claim at any time as additional information becomes available, as circumstances warrant, or as permitted by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and orders of this Court.
7. Committee Membership. Meridian has been appointed as a member of the Official Committe
7. Committee Membership. Meridian has been appointed as a member of the Official Committee of Unsecured Creditors in this case, which committee was formed on October 28, 2025. Nothing in this Proof of Claim shall be deemed to limit, modify, or waive any of Meridian's rights, duties, or fiduciary obligations as a member of the Official Committee, nor shall Meridian's service on the Committee be deemed to limit, modify
8. General Reservation. Meridian reserves all other rights, claims, remedies, defenses, a Medium
⚑ Notice / time limit to track
8. General Reservation. Meridian reserves all other rights, claims, remedies, defenses, and privileges available to it under the Bankruptcy Code, applicable non-bankruptcy law, the Federal Rules of Bankruptcy Procedure, and any orders entered in this case, whether or not specifically enumerated herein. The filing of this Proof of Claim shall not constitute a waiver of any right, claim, remedy, defense, or privilege,