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IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF INDIANA

INDIANAPOLIS DIVISION

In re:

USA GYMNASTICS,1 Debtor.

Chapter 11

Case No. 18-9108-RLM-11

MOTION TO SHORTEN NOTICE ON DEBTOR’S MOTION FOR ORDER CLARIFYING ITS SEPTEMBER 24, 2019 ORDER AUTHORIZING AMENDMENT TO COMMERCIAL CARD AGREEMENT WITH PNC BANK

USA Gymnastics, as debtor and debtor in possession in the above-captioned chapter 11 case (“USAG”), hereby moves this Court (the “Motion”) for the entry of an order, substantially in the form attached hereto as Exhibit A, pursuant to Rule 9006(c) of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), Rule 9006-1(a) of the Local Rules of the United States Bankruptcy Court for the Southern District of Indiana (the “Local Rules”), and section III.F of the Case Management Procedures (as defined below), shortening notice on the Debtor’s Motion For Order Clarifying Its September 24, 2019 Order Authorizing Amendment To Commercial Card Agreement With PNC Bank (the “PNC Motion”)2 and respectfully states as follows:

1. USAG has contemporaneously filed the PNC Motion, requesting that the Court clarify its Order Authorizing Amendment To Commercial Card Agreement With PNC Bank [Dkt. 787] (the “PNC Amendment Order”). The PNC Amendment Order authorized USAG to increase its credit line with PNC to $600,000. However, PNC has refused to grant the increased credit line because the PNC Amendment Order incorporated, rather than expressly included,

1 The last four digits of the Debtor’s federal tax identification number are 7871. The location of the Debtor’s principal office is 1099 N. Meridian St., Suite 800, Indianapolis, Indiana 46204.

2 Capitalized terms used herein and not defined shall have the meaning given to them in the PNC Motion.

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language providing that PNC’s lien attaches to the increased credit line and to additional collateral USAG has posted. USAG needs the increased credit line to make arrangements for the upcoming Olympics in July 2021, including booking international travel and lodging for athletes and coaches.

2. Before filing the PNC Motion, USAG sought to resolve the matter without involving this Court. On June 1, 2021, USAG’s counsel conferred with PNC’s counsel regarding the issues raised in the PNC Motion. USAG asserted that the PNC Amendment Order authorizes the credit increase and makes clear that PNC’s lien attaches to the increased credit line and the additional collateral that USAG has posted. PNC reiterated that it would not grant additional credit availability unless USAG obtains the clarifying order sought in the PNC Motion. Accordingly, and because USAG has an immediate need to use the increased credit line to prepare for the Olympics, USAG respectfully requests that the Court shorten notice on the PNC Motion so that it may be heard on June 4, 2021, or on a date convenient for the Court during the week of June 7, 2021.

3. Bankruptcy Rule 9006(c), Local Rule 9006-1(a), and section III.F of the case management procedures appended to the Order Granting Debtor’s Motion For Order Establishing Certain Notice, Case Management, And Administrative Procedures [Dkt. 213] (the “Case Management Procedures”) permit the consideration of motions on shortened notice for cause.

Courts frequently shorten notice periods when a debtor identifies cause to do so. See e.g., In re Fayette Memorial Hospital Assoc., Inc., Case No. 18-07762-JJG-11, Dkt. 206 (Bankr. S.D. Ind.

Jan. 18, 2019); In re Scotty’s Holdings, LLC, Case No. 18-09243-JJG-11, Dkt. 93 (Bankr. S.D.

Ind. Dec. 28, 2018); In re hhgregg, Inc., Case No. 17-01302-RLM-11, Dkt. 1292 (Bankr. S.D. Ind.

June 30, 2017).

4. USAG submits that cause exists to hear the PNC Motion on shortened notice. Until the PNC Motion is heard and resolved, PNC will not grant USAG access to its increased credit Case 18-09108-RLM-11 Doc 1508 Filed 06/02/21 EOD 06/02/21 17:34:09 Pg 2 of 3

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line. That will impair USAG’s ability to use its line to make the necessary travel arrangements and pay for other expenses related to the imminent Olympics, and is not in the best interests of USAG’s estate.

5. USAG therefore requests, pursuant to Bankruptcy Rule 9006(c), Local Rule 9006- 1(a), and section III.F of the Case Management Procedures, that the Court shorten notice on the PNC Motion and set the PNC Motion to be heard on June 4, 2021, or on a date convenient for the Court during the week of June 7, 2021.

NOTICE

6. USAG will provide notice of this Motion and any order entered hereon in accordance with the Case Management Procedures and Local Rules 9006-1(d) and 9006-1(e), including by electronic mail and first class mail to counsel for PNC. In light of the nature of the relief requested herein, USAG submits that no other or further notice is necessary.

WHEREFORE, USAG respectfully requests entry of an order, substantially in the form attached as Exhibit A, granting the relief requested in this Motion and such other relief as is just and proper.

Dated: June 2, 2021 Respectfully submitted,

JENNER & BLOCK LLP

By: /s/ Catherine Steege Catherine L. Steege (admitted pro hac vice) Dean N. Panos (admitted pro hac vice) Melissa M. Root (#24230-49)

353 N. Clark Street Chicago, Illinois 60654 (312) 923-2952

csteege@jenner.com dpanos@jenner.com mroot@jenner.com Counsel for the Debtor

Case 18-09108-RLM-11 Doc 1508 Filed 06/02/21 EOD 06/02/21 17:34:09 Pg 3 of 3

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EXHIBIT A Proposed Order

Case 18-09108-RLM-11 Doc 1508-1 Filed 06/02/21 EOD 06/02/21 17:34:09 Pg 1 of 4

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF INDIANA

INDIANAPOLIS DIVISION

In re:

USA GYMNASTICS,1 Debtor.

Chapter 11

Case No. 18-9108-RLM-11

ORDER SHORTENING NOTICE ON DEBTOR’S MOTION FOR ORDER CLARIFYING THE ITS SEPTEMBER 24, 2019 ORDER AUTHORIZING AMENDMENT TO COMMERCIAL CARD AGREEMENT WITH PNC BANK

This matter came before the Court on the Motion To Shorten Notice (the “Motion”) on the Debtor’s Motion For Order Clarifying Its September 24, 2019 Order Authorizing Amendment To

1 The last four digits of the Debtor’s federal tax identification number are 7871. The location of the Debtor’s principal office is 1099 N. Meridian St., Suite 800, Indianapolis, Indiana 46204.

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Commercial Card Agreement With PNC Bank (the “PNC Motion”), filed by USA Gymnastics as debtor and debtor in possession (the “Debtor”), for an order pursuant to Rule 9006(c) of the Federal Rules of Bankruptcy Procedure, Rule 9006-1(a) of the Local Rules of the United States Bankruptcy Court for the Southern District of Indiana (the “Local Rules”), and section III.F of the case management procedures appended to the Order Granting Debtor’s Motion For Order Establishing Certain Notice, Case Management, And Administrative Procedures [Dkt. 213] (the

“Case Management Procedures”); and the Court finds that (i) it has jurisdiction over this matter pursuant to 28 U.S.C. § 1334; (ii) this matter is a core proceeding within the meaning of 28 U.S.C.

§ 157(b)(2)(A); (iii) the relief requested in the Motion is in the best interests of the Debtor, its estate, and creditors, and any party in interest; and after due deliberation, and good and sufficient cause appearing therefore, the Court hereby determines the Motion should be GRANTED.

IT IS HEREBY ORDERED:

1. The Motion is granted as set forth herein.

2. The Debtor shall serve this Order and certify such service in accordance with the Case Management Procedures and Local Rules 9006-1(d) and 9006-1(e).

3. The PNC Motion is set to be heard at a hearing (the “Hearing”) to be held on June __, 2021 at __:__ _.m. (prevailing Eastern time).

4. The Hearing will be held via Zoom for Government. Parties may participate in the Hearing using the following link: www.zoomgov.com/j/16175050888. Parties that wish to listen to the Hearing, but not actively participate, may do so by phone:

Phone: 551-285-1373 or 646-828-7666 Meeting ID: 161 7505 0888

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5. Any objections to the PNC Motion must be in writing and filed with the Clerk’s Office and served, via the Court’s ECF system, on or before June __, 2021 at __:__ _.m.

(prevailing Eastern time).

6. The Court retains jurisdiction with respect to all matters arising from or related to the implementation of this Order.

###

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