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) ) ) ) ) ) ) ) Chapter 11 Case No. 11-11795 (KG) Jointly Administered
Objections Due: October 24, 2011 at 4:00 p.m.

LIMITED OBJECTION OF PK I CHINO TOWN SQUARE LP TO THIRD NOTICE OF DEBTORS’ (I) PROPOSED ASSUMPTION OF CERTAIN UNEXPIRED NON-RESIDENTIAL REAL PROPERTY LEASES, (II) ENTRY INTO CERTAIN AMENDMENTS AND MODIFICATIONS OF SUCH LEASES, AND (III) FIXING OF CERTAIN CURE AMOUNTS FOR SUCH LEASES (Related to Docket No. 1135) PK I Chino Town Square LP (“PK I”), by its undersigned attorneys, hereby submits this Limited Objection to Third Notice of Debtors’ (I) Proposed Assumption of Certain Unexpired NonResidential Real Property Leases, (II) Entry Into Certain Amendments and Modifications of Such Leases, and (III) Fixing of Certain Cure Amounts for Such Leases (the “Objection”): BACKGROUND 1. On June 13, 2011 (the “Petition Date”), the above-captioned debtors (the “Debtors”)

filed voluntary petitions for relief under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) in the United States Bankruptcy Court for the District of Delaware (this “Court”). 2. Upon information and belief, the Debtors are operating their businesses and

managing their properties as debtors in possession pursuant to sections 1107(a) and 1108 of the

The Debtors, together with the last four digits of each Debtor’s federal tax identification number, are: Perkins & Marie Callender’s Inc. (4388); Perkins & Marie Callender’s Holding Inc. (3999); Perkins & Marie Callender’s Realty LLC (N/); Perkins Finance Corp. (0081); Wilshire Restaurant Group LLC (0938); PMCI Promotions LLC (7308); Marie Callender Pie Shops, Inc. (7414); Marie Callender Wholesalers, Inc. (1978); MACAL Investors, Inc. (4225); MCID, Inc. (2015); Wilshire Beverage, Inc. (5887); and FIV Corp. (3448). The mailing address for the Debtors is 6075 Poplar Avenue, Suite 800, Memphis, TN 38119.


Bankruptcy Code. 3. PK I’s lease (the “Lease”) is located in Chino, California (the “Leased Premises”).

The Leased Premises are located in “shopping center(s)” as that term is used in section 365(b)(3) of the Bankruptcy Code. See In re Joshua Slocum, Ltd., 922 F.2d 1081, 1086-87 (3d Cir. 1990). 4. PK I expressly reserves the right to amend and/or supplement the Cure Amounts

from time to time and at any time, and requests that the order confirm that the assignee shall be liable for, among other things: (a) post-petition rent and other charges under the Lease which become due after the date hereof, (b) certain amounts due and owing under the Lease, but which may be unbilled as of the date hereof, including but not limited to year-end adjustments for common area maintenance, taxes and similar charges, (c) any regular or periodic adjustment of charges under the Lease which were not due or had not been determined as of the date hereof, (d) any percentage rent that may be due under the Lease, (e) any non-monetary defaults, and/or (f) insurance and indemnification obligations under the Lease. RESERVATION OF RIGHTS 5. PK I expressly reserves the right to assert any additional objections with respect to

any proposed assumption and assignment of the Lease, on any and all grounds. Further, PK I reserves any and all rights to supplement and/or amend this Limited Objection and expressly reserve the right to object to any additional relief sought by the Debtors in the Motion or at any hearing on the Motion. WHEREFORE, PK I respectfully requests that this Court: (a) sustain this Limited

Objection; (b) require that any order authorizing the assumption and/or assignment of the Leased Premises affirmatively require the Debtors to pay all amounts owing to PK I under the Lease


through the effective date of any assumption and/or assignment of the Leased Premises, (c) order that the Assignee shall be responsible for all lease charges that come due post assignment and (d) grant PK I such other and further relief as this Court deems just and appropriate under the circumstances. Dated: October 24, 2011 MONZACK, MERSKY, MCLAUGHLIN AND BROWDER, P.A. /s/ Rachel B. Mersky Rachel B. Mersky (DE #2049) 1201 N. Orange Street, Suite 400 Wilmington, DE 19801 Phone: (302) 656-8162 Fax: (302) 656-2769 Email: COUNSEL FOR PK I CHINO TOWN SQUARE LP