Exhibit 99.1
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UNITED STATES BANKRUPTCY COURT | | | | | | |
SOUTHERN DISTRICT OF NEW YORK | | | | | | |
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In re: | | | : | | | Chapter 11 |
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BLOCKBUSTER INC.,et al.1 | | | : | | | Case No: 10-14997 |
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Debtors. | | | : | | | Jointly Administered |
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Monthly Operating Report For the Period
From September 23, 2010 to November 3, 2010
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DEBTORS’ ADDRESS: | | 1201 Elm Street |
| | Dallas, Texas 75270 |
| | Telephone: (214) 854-3000 |
| | Facsimile: (214) 854-4848 |
| |
DEBTORS’ ATTORNEYS: | | Stephen Karotkin |
| | WEIL, GOTSHAL & MANGES LLP |
| | 767 Fifth Avenue |
| | New York, New York 10153 |
| | Telephone: (212) 310-8800 |
| | Facsimile: (212) 310-8007 |
| | -and- |
| | Martin A. Sosland (admitted pro hac vice) |
| | WEIL, GOTSHAL & MANGES LLP |
| | 200 Crescent Court, Suite 300 |
| | Dallas, Texas 75201 |
| | Telephone: (214) 746-7700 |
| | Facsimile: (214) 746-7700 |
This Monthly Operating Report (“MOR”) has been prepared solely for the purpose of complying with the monthly reporting requirements applicable in these chapter 11 cases and is in a format acceptable to the United States Trustee. The financial information contained herein is limited in scope and covers a limited time period. Moreover, such information is preliminary and unaudited, and is not prepared in accordance with generally accepted accounting principles (“GAAP”) in teh United States.
I declare under penalty of perjury (28 U.S.C. Section 1746) that this report and the attached documents are true and correct to the best of my knowledge and belief.
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/s/ Bruce Lewis | | | | | 11/30/2010 | |
Bruce Lewis | | | | | | |
Senior Vice President and Controller | | | | | | |
Blockbuster Inc. | | | | | | |
1 | The Debtors, together with the last four digits of each Debtor’s federal tax identification number, are Blockbuster Inc. (5102); Blockbuster Canada Inc. (1269); Blockbuster Digital Technologies Inc. (9222); Blockbuster Distribution, Inc. (0610); Blockbuster Gift Card, Inc. (1855); Blockbuster Global Services Inc. (3019); Blockbuster International Spain Inc. (7615); Blockbuster Investments LLC (6313); Blockbuster Procurement LP (2546); Blockbuster Video Italy, Inc (5068); Movielink, LLC (5575); Trading Zone Inc. (8588); and B2 LLC (5219). |
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
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In re | | BLOCKBUSTER INC., et al. | | | | Case No. | | 10-14997 |
| | Debtor | | | | Reporting Period: | | 9/23/2010 - 10/31/2010 |
| | | | |
| | | | | | Federal Tax I.D. # | | 52-1655102 |
CORPORATE MONTHLY OPERATING REPORT
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REQUIRED DOCUMENTS | | Form No. | | Document Attached | | Explanation Attached |
Schedule of Cash Receipts and Disbursements | | MOR-1 | | x | | |
Bank Reconciliation (or copies of debtor’s bank reconciliations) | | MOR-1 (CON’T) | | x | | |
Copies of bank statements | | | | | | x |
Cash disbursements journals | | | | | | x |
Statement of Operations | | MOR-2 | | x | | |
Balance Sheet | | MOR-3 | | x | | |
Status of Post-petition Taxes | | MOR-4 | | x | | |
Copies of IRS Form 6123 or payment receipt | | | | | | x |
Copies of tax returns filed during reporting period | | | | | | x |
Summary of Unpaid Post-petition Debts | | MOR-4 | | x | | |
Listing of Aged Accounts Payable | | | | | | x |
Accounts Receivable Reconciliation and Aging | | MOR-5 | | x | | |
Taxes Reconciliation and Aging | | MOR-5 | | x | | |
Payments to Insiders and Professionals | | MOR-6 | | x | | |
Post Petition Status of Secured Notes, Leases Payable | | MOR-6 | | x | | |
Debtor Questionnaire | | MOR-7 | | x | | |
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In re | | BLOCKBUSTER INC., et al. | | | | Case No. | | 10-14997 |
| | Debtor | | | | Reporting Period: | | 9/23/2010 - 10/31/2010 |
SCHEDULE OF CASH RECEIPTS AND DISBURSEMENTS
(in millions)
| | | | |
| | For the Period 9/23/2010-10/31/2010 | |
Cash flows from operating activities: | | | | |
Net income (loss) | | $ | (36.5 | ) |
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities: | | | | |
Depreciation and intangible amortization | | | 13.3 | |
Rental library purchases | | | (31.3 | ) |
Rental library amortization | | | 20.7 | |
Deferred taxes and other | | | (22.8 | ) |
Reorganization items, net of cash payments | | | 5.4 | |
Changes in operating assets and liabilities: | | | | |
Change in receivables | | | 2.7 | |
Change in merchandise inventories | | | (8.3 | ) |
Change in prepaid and other assets | | | 6.7 | |
Change in accounts payable | | | 53.1 | |
Change in accrued expenses and other liabilities | | | 18.2 | |
| | | | |
Net cash provided by (used in) operating activities | | | 21.2 | |
| | | | |
| |
Cash flows from investing activities: | | | | |
Capital expenditures | | | (2.4 | ) |
Change in restricted cash | | | 0.1 | |
Other investing activities | | | — | |
| | | | |
Net cash provided by (used in) investing activities | | | (2.3 | ) |
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| |
Cash flows from financing activities: | | | | |
Proceeds from DIP Financing | | | 20.0 | |
Repayments on DIP Financing | | | (20.0 | ) |
Debt financing costs | | | (4.6 | ) |
Capital lease payments | | | (0.4 | ) |
| | | | |
Net cash provided by (used in) financing activities | | | (5.0 | ) |
| | | | |
Effect of exchange rate changes on cash | | | — | |
| | | | |
Net decrease in cash and cash equivalents | | | 13.9 | |
Cash and cash equivalents at beginning of period | | | 38.3 | |
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Cash and cash equivalents at end of period | | $ | 52.2 | |
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In re | | BLOCKBUSTER INC., et al. | | | | Case No. | | 10-14997 |
| | Debtor | | | | Reporting Period: | | 9/23/2010 - 10/31/2010 |
BANK RECONCILIATIONS
Continuation Sheet for MOR-1
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GL# | | Bank Name | | Bank Balance | | | Deposits & Transfers in Transit | | | O/S, Bank Service Charges, Adjustments to GL | | | Other Reconciling Items | | | GL Balance | |
575.1017.0003 | | Wachovia ProCo | | $ | 62,313 | | | $ | — | | | $ | — | | | $ | — | | | $ | 62,313 | |
80017.1017.0005 | | JPM Chase Lockbox | | | 138,262.77 | | | | (641.11 | ) | | | — | | | | (3,473.76 | ) | | | 134,147.90 | |
25.1017.0006 | | Wells Fargo Avista Funding | | | 48,818.17 | | | | 150,123.82 | | | | — | | | | — | | | | 198,941.99 | |
03101.1017.0006 | | Wachovia Funding | | | 900,276.65 | | | | — | | | | — | | | | — | | | | 900,276.65 | |
03501.1017.0006 | | JPM Chase Met Life Funding | | | 57,545.17 | | | | — | | | | — | | | | 13,633.40 | | | | 71,178.57 | |
03101.1019 | | Wachovia Cash Concentration | | | — | | | | 1,784,197.27 | | | | — | | | | (213,949.00 | ) | | | 1,570,248.27 | |
25.1024 | | Right of Setoff | | | — | | | | — | | | | — | | | | — | | | | 131,358.00 | |
25.1025 | | Wells Fargo Avista Disbursements | | | — | | | | — | | | | (42,416.14 | ) | | | — | | | | (42,416.14 | ) |
575.1025 | | Wachovia ProCo AP Disbursements | | | — | | | | — | | | | (895.00 | ) | | | — | | | | (895.00 | ) |
03101.1025 | | Wachovia AP Disbursements | | | — | | | | — | | | | (1,789,695.22 | ) | | | — | | | | (1,789,695.22 | ) |
03501.1025 | | BofA Sedgwick Ins Disbursements | | | 100,000.00 | | | | — | | | | (231,883.29 | ) | | | 1,031.54 | | | | (130,851.75 | ) |
80017.1025 | | BofA AP Disbursements | | | — | | | | — | | | | (506.25 | ) | | | — | | | | (506.25 | ) |
03101.1026 | | Wachovia EFT | | | — | | | | — | | | | | | | | (303.08 | ) | | | (303.08 | ) |
03101.1032 | | Wachovia Payroll Disbursements | | | — | | | | — | | | | (536,673.52 | ) | | | (86,795.02 | ) | | | (623,468.54 | ) |
xxxxx.10370000 | | Single Store depository only accounts | | | 1,244,022.59 | | | | 79,915.26 | | | | 3,427.04 | | | | (219,379.11 | ) | | | 1,539,889.92 | |
xxxxx.10380000 | | Store concentration accounts | | | 1,934,686.10 | | | | 4,662,370.78 | | | | (18,030.29 | ) | | | — | | | | 6,615,087.17 | |
03101.10390000 | | Bank of New York Returned Checks | | | 1,366.60 | | | | | | | | (55.34 | ) | | | — | | | | 1,311.26 | |
xxxxx.10480000 | | Cash - Store Drawer | | | — | | | | — | | | | — | | | | — | | | | 2,297,900.01 | |
1049.0002 | | OL NRP Return - Corp Ecomm | | | — | | | | 19.99 | | | | — | | | | — | | | | 19.99 | |
1049.0005 | | Ecomm Tender Clearing | | | — | | | | 14,538.83 | | | | — | | | | — | | | | 14,538.83 | |
1049.0006 | | Ecomm Refund Clearing | | | | | | | (42.96 | ) | | | — | | | | — | | | | (42.96 | ) |
xxxxx.1060.0001 | | Mastercard/Visa Draft Capture | | | — | | | | 7,486,921.00 | | | | | | | | (562,941.15 | ) | | | 6,923,979.85 | |
xxxxx.1060.0002 | | American Express Draft Capture | | | — | | | | 807,821.00 | | | | — | | | | (4,655.08 | ) | | | 803,165.92 | |
xxxxx.1060.0004 | | Discover Draft Capture | | | — | | | | 470,308.00 | | | | — | | | | (573.03 | ) | | | 469,734.97 | |
xxxxx.1060.0006 | | Debit Card Draft Capture | | | — | | | | 3,556,209.00 | | | | — | | | | (207,014.68 | ) | | | 3,349,194.32 | |
xxxxx.1060.0007 | | E-check Draft Capture | | | — | | | | 55,715.66 | | | | — | | | | — | | | | 55,715.66 | |
xxxxx.1060.0011 | | Paypal Draft Capture | | | — | | | | 33,200.73 | | | | — | | | | — | | | | 33,200.73 | |
03101.1078.0004 | | Wachovia Overnight Investment | | | 29,440,000.00 | | | | 296.00 | | | | — | | | | — | | | | 29,440,296.00 | |
25.1078.0005 | | Citigroup Investments | | | 193,804.65 | | | | — | | | | — | | | | — | | | | 193,804.65 | |
| | | | | | | | | | | | | | | | | | | | | | |
| | Total Cash & Cash Equivalents | | $ | 34,121,096 | | | $ | 19,100,953 | | | $ | (2,616,728 | ) | | $ | (1,284,419 | ) | | $ | 52,218,125 | |
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Note: Due to the voluminaous nature of the request for the Debtors’ bank statements and disbursement journals, summaries of these requests have been provided.
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In re | | BLOCKBUSTER INC., et al. | | | | Case No. | | 10-14997 |
| | Debtor | | | | Reporting Period: | | 9/23/2010 - 10/31/2010 |
STATEMENT OF OPERATIONS(Income Statement)
(in millions)
| | | | |
| | For the Period 9/23/2010-10/31/2010 | |
Revenues: | | | | |
Base rental revenues | | $ | 126.4 | |
Previously rented product (“PRP”) revenues | | | 25.1 | |
| | | | |
Total rental revenues | | | 151.5 | |
Merchandise sales | | | 23.0 | |
Other revenues | | | 3.3 | |
| | | | |
| | | 177.8 | |
| | | | |
| |
Cost of sales: | | | | |
Cost of rental revenues | | | 48.1 | |
Cost of merchandise sold | | | 17.6 | |
| | | | |
Total cost of sales | | | 65.7 | |
| | | | |
Gross profit | | | 112.1 | |
| | | | |
Operating expenses: | | | | |
General and administrative | | | 115.1 | |
Advertising | | | 2.2 | |
Depreciation and intangible amortization | | | 16.2 | |
Impairment of goodwill and other long-lived assets | | | — | |
| | | | |
| | | 133.5 | |
| | | | |
Operating income (loss) | | | (21.4 | ) |
Interest expense | | | 0.4 | |
Interest income | | | — | |
Other items, net | | | (0.1 | ) |
| | | | |
Income (loss) from continuing operations before reorganization items and income taxes | | | (21.7 | ) |
Reorganization items, net | | | 11.8 | |
Benefit (provision) for income taxes | | | 0.3 | |
Equity in income of non-debtor subsidiaries | | | 2.7 | |
| | | | |
Income (loss) from continuing operations | | | (36.5 | ) |
Income (loss) from discontinued operations, net of tax | | | — | |
| | | | |
Net income (loss) | | | (36.5 | ) |
Preferred stock dividends | | | — | |
| | | | |
Net income (loss) applicable to common stockholders | | $ | (36.5 | ) |
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In re | | BLOCKBUSTER INC., et al. | | | | Case No. | | 10-14997 |
| | Debtor | | | | Reporting Period: | | 9/23/2010 - 10/31/2010 |
BALANCE SHEET
(in millions)
| | | | |
| | As of 10/31/2010 | |
Assets | | | | |
Current assets: | | | | |
Cash and cash equivalents | | $ | 52.2 | |
Receivables, less allowances | | | 28.6 | |
Receivables from non-debtor subsidiaries | | | 13.0 | |
Merchandise inventories | | | 97.5 | |
Rental library, net | | | 202.8 | |
Prepaid and other current assets | | | 71.5 | |
| | | | |
Total current assets | | | 465.6 | |
Property and equipment, net | | | 143.2 | |
Deferred income taxes | | | 70.6 | |
Investment in non-debtor subsidiaries | | | 282.5 | |
Intangibles, net | | | 5.9 | |
Restricted cash | | | 35.1 | |
Other assets | | | 36.5 | |
| | | | |
| | $ | 1,039.4 | |
| | | | |
Liabilities and Stockholders’ Equity (Deficit) | | | | |
Current liabilities: | | | | |
Accounts payable | | $ | 96.7 | |
Accrued expenses | | | 193.9 | |
Deferred income taxes | | | 70.7 | |
| | | | |
Total current liabilities | | | 361.3 | |
Other liabilities | | | 12.3 | |
| | | | |
| | | 373.6 | |
| |
Liabilities subject to compromise | | | 1,172.0 | |
| | | | |
| | | 1,545.6 | |
| | | | |
Total stockholders’ equity (deficit) | | | (506.2 | ) |
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| | $ | 1,039.4 | |
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In re | | BLOCKBUSTER INC., et al. | | | | Case No. | | 10-14997 |
| | Debtor | | | | Reporting Period: | | 9/23/2010 - 10/31/2010 |
STATUS OF POST-PETITION TAXES
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Federal | | Beginning Tax | | | Amount Withheld and/or Accrued | | | Amount Paid | | | Ending Tax | |
Withholding | | $ | — | | | $ | 3,538,501 | | | $ | (2,396,149 | ) | | $ | 1,142,352 | |
FICA-Employee | | | — | | | | 3,267,953 | | | | (2,195,256 | ) | | | 1,072,697 | |
FICA-Employer | | | — | | | | 3,267,953 | | | | (2,195,256 | ) | | | 1,072,697 | |
Unemployment | | | — | | | | 71,656 | | | | — | | | | 71,656 | |
Income | | | — | | | | — | | | | — | | | | — | |
Other: | | | | | | | | | | | | | | | | |
Total Federal Taxes | | | — | | | | 10,146,064 | | | | (6,786,662 | ) | | | 3,359,402 | |
State and Local | | | | | | | | | | | | | | | | |
Withholding | | | — | | | | 1,384,975 | | | | (1,028,739 | ) | | | 356,236 | |
Sales | | | — | | | | 10,272,785 | | | | (1,564,902 | ) | | | 8,707,884 | |
Excise | | | — | | | | | | | | | | | | | |
Unemployment | | | — | | | | 344,836 | | | | — | | | | 344,836 | |
Real Property1,2 | | | 10,255 | | | | 29,188 | | | | (32,514 | ) | | | 6,929 | |
Personal Property2 | | | 3,822,859 | | | | 655,775 | | | | (508,672 | ) | | | 3,969,962 | |
Other: Income/Franchise3 | | | 1,562,451 | | | | 197,132 | | | | (88,500 | ) | | | 1,671,083 | |
Total State and Local | | | 5,395,564 | | | | 12,884,692 | | | | (3,223,327 | ) | | | 15,056,929 | |
| | | | | | | | | | | | | | | | |
Total Taxes | | $ | 5,395,564 | | | $ | 23,030,756 | | | $ | (10,009,988 | ) | | $ | 18,416,331 | |
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SUMMARY OF UNPAID POST-PETITION DEBTS
Attach aged listing of accounts payable.
| | | | | | | | | | | | | | | | | | | | | | | | |
| | Number of Days Past Due | |
DESCRIPTION | | Current | | | 0-30 | | | 31-60 | | | 61-90 | | | Over 91 | | | Total | |
AP - Product | | $ | 16,612,869 | | | $ | (5,998,974 | ) | | $ | (1,489,360 | ) | | $ | — | | | $ | (576,224 | ) | | $ | 8,548,311 | |
AP - Legal & Professional Fees | | | 1,207,775 | | | | 240,645 | | | | — | | | | — | | | | — | | | | 1,448,420 | |
AP - Other | | | 3,216,078 | | | | (74,933 | ) | | | — | | | | — | | | | — | | | | 3,141,145 | |
| | | | | | | | | | | | | | | | | | | | | | | | |
TOTAL POST-PETITION DEBTS4 | | $ | 21,036,722 | | | $ | (5,833,262 | ) | | $ | (1,489,360 | ) | | $ | — | | | $ | (576,224 | ) | | $ | 13,137,876 | |
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Explain how and when the Debtor intends to pay any past due post-petition debts.
All past due amounts have been paid. Payments were slightly delayed due to processing lags.
Past due credits reflect payments in advance and product return credits.
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1 - | | Blockbuster leases a majority of its stores. The real property taxes under these leases are considered lease obligations. |
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| | Therefore, this schedule only reflects the real property taxes on the stores that Blockbuster owns and has a direct obligation with the taxing authority for the taxes due. |
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2 - | | The Real Property and Personal Property taxes are considered “postpetition” based off of when the payment is due to the taxing authority. |
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3 - | | Although Franchise/Income taxes are “incurred” on an accrual basis, we have included the accruals from prior to the petition date since the payments for these taxes will be based on the entire year accrual. |
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4 - | | Variance to total accounts payable on the Balance Sheet is due to pre-petition balances that are not subject to comprimise, orders. which have been approved for payment by various Court. |
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5 - | | Due to the voluminaous nature of the request for the Debtors’ listing of aged accounts, a summary has been provided. |
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6 - | | The Debtors have not included copies of form 6123 and tax returns filed during this period, due to the voluminous nature of this request. |
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In re | | BLOCKBUSTER INC., et al. | | | | Case No. | | 10-14997 |
| | Debtor | | | | Reporting Period: | | 9/23/2010 - 10/31/2010 |
ACCOUNTS RECEIVABLE RECONCILIATION AND AGING
| | | | |
Accounts Receivable Reconciliation | | Amount | |
Total Accounts Receivable at the beginning of the reporting period | | $ | 31,323,499 | |
Plus: Amounts billed during the period | | | 4,756,952 | |
Less: Amounts collected during the period | | | (4,496,288 | ) |
Less: Amounts written off during the period | | | — | |
Less: Amounts reserved during the period | | | 13,821 | |
Change in store accounts receivable, net | | | (3,026,507 | ) |
| | | | |
Total Accounts Receivable at the end of the reporting period | | $ | 28,571,478 | |
| | | | |
| | | | |
Accounts Receivable Aging | | 10/31/2010 | |
0 - 30 days old | | $ | 12,731,085 | |
31 - 60 days old | | | 1,720,872 | |
61 - 90 days old | | | 1,791,691 | |
91 - 120 days old | | | 308,657 | |
121+ days old | | | 715,505 | |
Total Aged Accounts Receivable | | | 17,267,810 | |
Store Accounts Receivable1 | | | 17,182,904 | |
Total Accounts Receivable | | | 34,450,714 | |
Less: Bad Debts (Amount considered uncollectible) | | | (5,879,233 | ) |
| | | | |
Net Accounts Receivable | | $ | 28,571,481 | |
| | | | |
1 - All store accounts receivable are less than 90 days.
TAXES RECONCILIATION AND AGING
| | | | | | | | | | | | | | | | | | | | | | | | |
Taxes Payable | | Current | | | 1-30 Days | | | 31-60 Days | | | 61-90 Days | | | 91+ Days | | | Total | |
Federal | | $ | 3,359,402 | | | | | | | | | | | | | | | | | | | $ | 3,359,402 | |
State and Local | | | 15,056,929 | | | | | | | | | | | | | | | | | | | | 15,056,929 | |
Other | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | |
Total Taxes Payable | | $ | 18,416,331 | | | | | | | | | | | | | | | | | | | $ | 18,416,331 | |
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In re | | BLOCKBUSTER INC., et al. | | | | Case No. | | 10-14997 |
| | Debtor | | | | Reporting Period: | | 9/23/2010 - 10/31/2010 |
PAYMENTS TO INSIDERS AND PROFESSIONALS
| | | | | | | | | | | | |
INSIDERS | |
NAME | | TYPE OF PAYMENT | | | AMOUNT PAID | | | TOTAL PAID TO DATE | |
(1) | | | | | | | | | | | | |
TOTAL PAYMENTS TO INSIDERS | | | | | | | | | | | | |
(1) | No payments other than ordinary wages and benefits occurred during the reporting period. |
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PROFESSIONALS | |
NAME | | DATE OF COURT ORDER AUTHORIZING PAYMENT | | AMOUNT APPROVED | | | AMOUNT PAID | | | TOTAL PAID TO DATE | | | TOTAL INCURRED & UNPAID* | |
Sidley Austin LLP | | 9/27/2010 | | $ | 415,274 | | | $ | 415,274 | | | $ | 415,274 | | | $ | — | |
Jefferies & Company Inc | | 9/27/2010 | | $ | 225,000 | | | $ | 225,000 | | | $ | 225,000 | | | $ | — | |
TOTAL PAYMENTS TO PROFESSIONALS | | | | | | | | | | | | | | | | | | |
* | INCLUDE ALL FEES INCURRED, BOTH APPROVED AND UNAPPROVED |
POST-PETITION STATUS OF SECURED NOTES, LEASES PAYABLE
AND ADEQUATE PROTECTION PAYMENTS
| | | | | | | | | | | | |
NAME OF CREDITOR | | SCHEDULED MONTHLY PAYMENT DUE | | | AMOUNT PAID DURING MONTH | | | TOTAL UNPAID POST- PETITION | |
DIP Financing** | | $ | — | | | $ | 20,000,000 | | | $ | — | |
DIP Interest** | | | — | | | | 124,566 | | | | 113,937 | |
Leases Payable | | | 33,354,890 | | | | 33,294,789 | | | | 60,101 | |
Adequate Assurance Payments - Utilities | | | 2,345,473 | | | | 2,345,473 | | | | — | |
Adequate Assurance Payments - Insurance | | | 2,000,000 | | | | 2,000,000 | | | | — | |
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TOTAL PAYMENTS | | | $ | 57,764,828 | | | $ | 174,038 | |
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** | During the period, Debtor borrowed $20 million and repaid in full. In accordance with the Final Order (I) Authorizing Postpetition Superpriority Secured Financing Pursuant to 11 U.S.C. §§ 105(a), 361, 362, 364(c)(1), 364(c)(2), 364(c)(3), 364(d)(1) and 364(e), (II) Authorizing Postpetition Use of Cash Collateral Pursuant to 11 U.S.C. § 363, and (III) Granting Adequate Protection Pursuant to 11 U.S.C. §§ 361, 362, 363 and 364 [Docket No. 432] (the “DIP Financing Agreement”), payments are not scheduled on a monthly basis, but are due based on certain covenants in the DIP Financing Agreement or at the discretion of the Debtors. |
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In re | | BLOCKBUSTER INC., et al. | | | | Case No. | | 10-14997 |
| | Debtor | | | | Reporting Period: | | 9/23/2010 - 10/31/2010 |
DEBTOR QUESTIONNAIRE
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| | Must be completed each month. If the answer to any of the questions is “Yes”, provide a detailed explanation of each item. Attach additional sheets if necessary. | | Yes | | No |
1 | | Have any assets been sold or transferred outside the normal course of business this reporting period? | | | | X |
2 | | Have any funds been disbursed from any account other than a debtor in possession account this reporting period? | | | | X |
3 | | Is the Debtor delinquent in the timely filing of any post-petition tax returns? | | | | X |
4 | | Are workers compensation, general liability or other necessary insurance coverages expired or cancelled, or has the debtor received notice of expiration or cancellation of such policies? | | | | X |
5 | | Is the Debtor delinquent in paying any insurance premium payment? | | | | X |
6 | | Have any payments been made on pre-petition liabilities this reporting period? | | X | | |
7 | | Are any post petition receivables (accounts, notes or loans) due from related parties? | | X | | |
8 | | Are any post petition payroll taxes past due? | | | | X |
9 | | Are any post petition State or Federal income taxes past due? | | | | X |
10 | | Are any post petition real estate taxes past due? | | | | X |
11 | | Are any other post petition taxes past due? | | | | X |
12 | | Have any pre-petition taxes been paid during this reporting period? | | X | | |
13 | | Are any amounts owed to post petition creditors delinquent? | | | | X |
14 | | Are any wage payments past due? | | | | X |
15 | | Have any post petition loans been received by the Debtor from any party? | | X | | |
16 | | Is the Debtor delinquent in paying any U.S. Trustee fees? | | | | X |
17 | | Is the Debtor delinquent with any court ordered payments to attorneys or other professionals? | | | | X |
18 | | Have the owners or shareholders received any compensation outside of the normal course of business? | | | | X |
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6 | | Pre-petition amounts have been paid under under respective Court orders. |
7 | | According to the DIP Financing Agreement, the Debtors are authorized to enter into various intercompany transactions with foreign non-debtor affiliates. During this period, the Debtors have entered into intercompany transactions that have resulted in receivables from these foreign non-debtor affiliates as permitted under the DIP Financing Agreement and the Final Order Pursuant to 11 U.S.C. §§ 105(a), 345(b), 363(b), 363(c), and 364(a) and Fed. R. Bankr. P. 6003 and 6004 Granting (I) Authority to (A) Continue to Operate the Debtors’ Cash Management System (B) Honor Certain Prepetition Obligations on Account of Service Charges Related Thereto, and (C) Maintain Existing Bank Accounts and Business Forms and (II) an Extension of Time to Comply with 11 U.S.C. § 345(b) [Docket No. 353]. |
12 | | Pre-petition taxes have been paid under the Final Order Pursuant to 11 U.S.C. §§ 105(a), 363(b), 507(a)(8), and 541 and Fed R. Bank. P.6003 and 6004 Authorizing Debtors to Pay Prepetition Taxes and Assessments [Docket No. 355]. |
13 | | The Debtors are paying post-petition amounts due in a timely manner. However, there could potentially be items paid untimely due to processing lags. |
15 | | In accordance with the DIP Fiancing Order, borrowings and payments of $20 million were made during the period. As of October 31, 2010, there was no outstanding balance under the revolving loans. |