1 2 3 4 5 6 7 8 9 In re 10 TC GLOBAL, INC., 11 Debtor. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A.

HONORABLE KAREN A. OVERSTREET **HEARING DATE: FRIDAY, OCTOBER 12, 2012 **HEARING TIME: 9:30 A.M. LOCATION: SEATTLE, COURTROOM 7206 **RESPONSES DUE: AT TIME OF HEARING **SUBJECT TO ENTRY OF ORDER SHORTENING TIME FOR HEARING

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON

No. 12-20253 EMERGENCY MOTION FOR ORDER APPROVING ADEQUATE ASSURANCE TO UTILITIES ON AN INTERIM BASIS

TC Global, Inc. dba Tullys Coffee (Debtor), debtor-in-possession herein, moves the Court on an interim basis for an order approving its proposed adequate assurance to utilities under Bankruptcy Code 366. This Motion is based upon the files and records herein and upon the accompanying Declaration of Scott Pearson in Support of First Day Motions (Pearson Declaration). I. BACKGROUND FACTS AND REQUESTED RELIEF

The Debtor, its Operations and Events Leading to Bankruptcy The Debtor commenced this Chapter 11 case on October 10, 2012 (Petition Date). The

Debtor is operating its business and managing its affairs as a debtor-in-possession under 11 U.S.C. 1107 and 1108. A complete summary of the Debtors operations and the events leading to bankruptcy is set forth in the Pearson Declaration filed contemporaneously herewith.

EMERGENCY MOTION FOR ORDER APPROVING ADEQUATE ASSURANCE TO UTILITIES ON AN INTERIM BASIS Page 1
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B.

Proposed Adequate Assurance As adequate assurance of future payment pursuant to Bankruptcy Code 366, the Debtor

proposes to provide a deposit to each of its utility providers in an amount equal to one-half of the cost of its estimated average monthly utility consumption (approximately two weeks of consumption) (the "Proposed Adequate Assurance") as set forth on Exhibit B to the Pearson Decl. Bankruptcy Code 366(c)(1)(A) states in relevant part that "the term 'assurance of payment' means . . . . (i) a cash deposit.'" Based upon the timing constraints of Bankruptcy Code 366(b), the Debtor requests that the Court approve the Proposed Adequate Assurance on an interim basis subject to the following conditions: The Debtor would, within three (3) business days, send a copy of the order, in the form attached hereto as Exhibit A, to each of its utility providers. Each utility provider would then have until October 31, 2012 to provide the Debtor with written notice that it does not agree to the Proposed Adequate Assurance. If the parties are unable to resolve the matter, the Debtor would note the matter for hearing, provided, however, that the objecting utility provider would be prohibited from altering, refusing or discontinuing utility service to the Debtor pending the Court's determination of the matter. If a utility provider does not provide written objection prior October 31, 2012, the Court's interim order will become final as to that utility provider. II. CONCLUSION

Based upon the foregoing, the Debtor respectfully requests that the Court enter an order approving the Proposed Adequate Assurance on an interim basis as described herein. DATED this 10th day of October, 2012. BUSH STROUT & KORNFELD LLP By /s/ Christine M. Tobin-Presser Christine M. Tobin-Presser, WSBA #27628 Attorneys for TC Global, Inc. EMERGENCY MOTION FOR ORDER APPROVING ADEQUATE ASSURANCE TO UTILITIES ON AN INTERIM BASIS Page 2
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1 2 3 4 5 6 7 8 9 10 In re 11 TC GLOBAL, INC., 12 Debtor. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 [PROPOSED] ORDER APPROVING ADEQUATE ASSURANCE TO UTILITIES ON AN INTERIM BASIS No. 12-20253 UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON

THIS MATTER came before the Court upon the Motion for Order Approving Proposed Adequate Assurance to Utilities Pursuant to Bankruptcy Code 366 filed by TC Global, Inc. (Debtor), dba Tullys Coffee, debtor-in-possession herein. The Court has reviewed the files and records herein and finds that cause exists for the requested relief. Now, therefore, it is hereby ORDERED: 1. 2. The Motion is granted; Within three days of the entry of this Order, the Debtor shall provide notice of the

Motion to each of its utility providers (each, a "Utility Provider"). 3. Each Utility Provider shall have until October 31, 2012 to submit to the Debtor a

written objection to the adequate assurance proposed in the Motion. [PROPOSED] ORDER APPROVING ADEQUATE ASSURANCE TO UTILITIES ON AN INTERIM BASIS Page 1
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4.

If such an objection is submitted to the Debtor, the Debtor shall re-note the Motion as it

pertains to the objecting Utility Provider for hearing on full notice, provided, however, that the objecting Utility Provider(s) may not alter, refuse or discontinue service to the Debtor until the Court rules on the re-noted Motion. 5. To the extent that a Utility Provider does not submit an objection to the Debtor on or

before October 31, 2012, this Order shall become a final order as to such non-objecting Utility Provider, with no further action required by the Debtor. / / /End of Order/ / / Presented by: BUSH STROUT & KORNFELD LLP

By_________________________________ Christine M. Tobin-Presser, WSBA #27628 Attorneys for TC Global, Inc.

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