Proposed Counsel for Official Committee of Unsecured ...

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Cathrine M. Castaldi, Esq. Electronically Filed April 13, 2020 Max Schlan, Esq. BROWN RUDNICK LLP 2211 Michelson Dr., Seventh Floor Irvine, CA 92612 Telephone: (949) 752-7100 [email protected] [email protected] Ryan J. Works, Esq. (NSBN 9224) Sallie B. Armstrong, Esq. (NSBN 1243) Amanda M. Perach, Esq. (NSBN 12399) McDONALD CARANO LLP 2300 West Sahara Avenue, Suite 1200 Las Vegas, Nevada 89102 Telephone: (702) 873-4100 [email protected] [email protected] [email protected] Proposed Counsel for Official Committee of Unsecured Creditors for Alpha Guardian, et al.

UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF NEVADA

In re: ALPHA GUARDIAN, A Nevada Corporation,

Affects this Debtor.

Case No.: 20-11016-mkn Chapter 11 LEAD CASE NOTICE OF INTENT TO SERVE SUBPOENAS DUCES TECUM

In re: STACK-ON Acquisition Parent Corp.


Jointly Administered with: Case No.: 20-11017-mkn Chapter 11

In re: STACK-ON PRODUCTS CO.,


Case No.: 20-11018-mkn Chapter 11

Case 20-11016-mkn Doc 199 Entered 04/13/20 15:54:05 of 214

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In re: CANNON SECURITY PRODUCTS, LLC.



In re: CANNON SAFE INC.



In re: GUNVAULT USA, INC.



In re: REMLINE INDUSTRIES, INC.



PLEASE TAKE NOTICE that, pursuant to Rule 45(a)(4) of the Federal Rules of Civil

Procedure, the Official Committee of Unsecured Creditors for Alpha Guardian, et al. (the

“Committee”), by and through McDonald Carano LLP, hereby provides notification to all parties

in the above-entitled matter that pursuant to the orders granting Ex Parte Applications for 2004

Examinations re Alpha Guardian, Stack-On Acquisition Parent Corp., Stack-On Products Co.,

Cannon Security Products, LLC, Cannon Safe Inc., GunVault USA, Inc., Remline Industries, Inc.,

Aaron Baker, Alpha Bravo Holding Company , Inc., Lincoln Industries, MidOcean Partners IV

LP, and Barrings Finance, LLC (ECF No. 174 - 185) that the below-listed Subpoenas have been

issued to the following:

1. Alpha Guardian;

2. Stack-On Acquisition Parent Corp.;

3. Stack-On Products Co.;

4. Cannon Security Products, LLC;

5. Cannon Safe Inc.;

6. GunVault USA, Inc.;

7. Remline Industries, Inc.;


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8. Aaron Baker;

9. Alpha Bravo Holding Company , Inc.;

10. Lincoln Industries LLC;

11. MidOcean Partners IV LP; and

12. Barings Finance, LLC

A copy of each of the foregoing subpoenas is attached hereto.

DATED this 13th day of April, 2020.

McDONALD CARANO LLP

By: /s/ Amanda M. Perach Ryan J. Works, Esq. (NSBN 9224) Sallie B. Armstrong, Esq. (NSBN 1243) Amanda M. Perach, Esq. (NSBN 12399) 2300 West Sahara Avenue, Suite 1200 Las Vegas, Nevada 89102 [email protected] [email protected] [email protected] BROWN RUDNICK LLP Cathrine M. Castaldi, Esq. Max Schlan, Esq. 2211 Michelson Dr., Seventh Floor Irvine, CA 92612 [email protected] [email protected] Proposed Counsel for Official Committee of Unsecured Creditor

4851-3232-2489, v. 1


Exhibit 1


B2540 (Form 2540 – Subpoena for Rule 2004 Examination) (12/15)

United States Bankruptcy Court

for the District of Nevada

In re: ALPHA GUARDIAN, A Nevada Corporation Debtor.

Case No.: 20-11016-mkn (LEAD CASE) Chapter 11 SUBPOENA FOR RULE 2004 EXAMINATION

To: Alpha Guardian

Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at an

examination under Rule 2004, Federal Rules of Bankruptcy Procedure. A copy of the court order authorizing the

examination is attached as Exhibit A. Due to the COVID-19 epidemic, the Committee will work with the party being examined

to identify a method for performing the examination and producing documents which is in compliance with the jurisdiction’s

relevant stay at home orders.

PLACE:

McDonald Carano LLP

2300 West Sahara Avenue, Suite 1200

Las Vegas, Nevada 89102

Telephone: (702) 873-4100

DATE AND TIME:

April 24, 2020 at 9:00 a.m.

The examination will be recorded by this method: Via stenographic means and/or videotaped.

Production: You, or your representatives, must also bring with you to the examination the following documents,

electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the material:

See attached Exhibit A (the order regarding the document production), Exhibit B (Definitions, Instructions

and Documents to be Produced), and Exhibit C (the Declaration of Custodian of Records of Alpha Guardian).

The following provisions of Fed. R. Civ. P. 45, made applicable in bankruptcy cases by Fed. R. Bankr. P. 9016, are

attached – Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a

subpoena; and Rule 45(e) and 45(g), relating to your duty to respond to this subpoena and the potential consequences of

not doing so.

ISSUING OFFICER SIGNATURE AND TITLE

/s/ Amanda M. Perach

Proposed counsel for Official Committee of Unsecured

Creditors for Alpha Guardian, et al.

DATE

April 13, 2020

The name, address, email address and telephone number of the attorneys representing the Official Committee of

Unsecured Creditors for Alpha Guardian, et al. who issues or requests this subpoena are: Ryan J. Works, Esq., Sallie

B. Armstrong, Esq., and Amanda M. Perach, Esq. McDonald Carano LLP, 2300 West Sahara Avenue, Suite 1200, Las

Vegas, Nevada 89102, 702.873.4100, [email protected], [email protected],

[email protected]

Notice to the person who issues or requests this subpoena

If this subpoena commands the production of documents, electronically stored information, or tangible things, or the

inspection of premises before the trial, a notice and a copy of this subpoena must be served on each party before it is

served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).


mailto:[email protected]




PROOF OF SERVICE

(This Section should not be filled with the court unless required by Fed. R. Civ. P. 45)

I received this subpoena for ______________________________________ on ___________________, 2020.

I served the subpoena by delivering a copy to the named person as follows: _________________________

__________________________________________________________________________________________

________________________________________ on (date) _________________________; or

I returned the subpoena unexecuted because: _________________________________________________

__________________________________________________________________________________________

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also

tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of

$ _______________________ .

My fees are $ _________ for travel and $_________ for services, for a total of $_________ .

I declare under penalty of perjury that this information is true and correct.

Date: ______________________ ___________________________________

Server’s signature

___________________________________

Print name and title

___________________________________

Server’s address


Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), (e) and (g), made applicable in cases under the Bankruptcy Code by Rule

9016, Federal Rules of Bankruptcy Procedure:

(c) PLACE OF COMPLIANCE. (1) For a Trial, Hearing, or Deposition. A subpoena may

command a person to attend a trial, hearing, or deposition only as

follows: (A) within 100 miles of where the person resides, is employed,

or regularly transacts business in person; or

(B) within the state where the person resides, is employed, or regularly transacts business in person, if the person

(i) is a party or a party's officer; or

(ii) is commanded to attend a trial and would not incur substantial expense.

(2) For Other Discovery. A subpoena may command:

(A) production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person

resides, is employed, or regularly transacts business in person; and

(B) inspection of premises at the premises to be inspected. (d) PROTECTING A PERSON SUBJECT TO A SUBPOENA;

ENFORCEMENT.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or

attorney responsible for issuing and serving a subpoena must take

reasonable steps to avoid imposing undue burden or expense on a

person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an

appropriate sanction—which may include lost earnings and

reasonable attorney's fees—on a party or attorney who fails to comply.

(2) Command to Produce Materials or Permit Inspection.

(A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible

things, or to permit the inspection of premises, need not appear in

person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.

(B) Objections. A person commanded to produce documents or

tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to

inspecting, copying, testing or sampling any or all of the materials

or to inspecting the premises—or to producing electronically

stored information in the form or forms requested. The objection

must be served before the earlier of the time specified for

compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply:

(i) At any time, on notice to the commanded person, the

serving party may move the court for the district where compliance is required for an order compelling production or inspection.

(ii) These acts may be required only as directed in the order,

and the order must protect a person who is neither a party nor a party's officer from significant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena. (A) When Required. On timely motion, the court for the district

where compliance is required must quash or modify a subpoena

that: (i) fails to allow a reasonable time to comply;

(ii) requires a person to comply beyond the geographical limits

specified in Rule 45(c); (iii) requires disclosure of privileged or other protected matter,

if no exception or waiver applies; or

(iv) subjects a person to undue burden. (B) When Permitted. To protect a person subject to or affected

by a subpoena, the court for the district where compliance is

required may, on motion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research,

development, or commercial information; or (ii) disclosing an unretained expert's opinion or information

that does not describe specific occurrences in dispute and results

from the expert's study that was not requested by a party. (C) Specifying Conditions as an Alternative. In the

circumstances described in Rule 45(d)(3)(B), the court may,

instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party:

(i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and

(ii) ensures that the subpoenaed person will be reasonably

compensated.

(e) DUTIES IN RESPONDING TO A SUBPOENA.

(1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or

electronically stored information:

(A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary

course of business or must organize and label them to correspond

to the categories in the demand. (B) Form for Producing Electronically Stored Information Not

Specified. If a subpoena does not specify a form for producing

electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained

or in a reasonably usable form or forms.

(C) Electronically Stored Information Produced in Only One

Form. The person responding need not produce the same

electronically stored information in more than one form.

(D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored

information from sources that the person identifies as not

reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person

responding must show that the information is not reasonably

accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such

sources if the requesting party shows good cause, considering the

limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.

(A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to

protection as trial-preparation material must:

(i) expressly make the claim; and

(ii) describe the nature of the withheld documents,

communications, or tangible things in a manner that, without

revealing information itself privileged or protected, will enable the parties to assess the claim.

(B) Information Produced. If information produced in response

to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify

any party that received the information of the claim and the basis

for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not

use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party

disclosed it before being notified; and may promptly present the

information under seal to the court for the district where compliance is required for a determination of the claim. The

person who produced the information must preserve the

information until the claim is resolved. (g) CONTEMPT. The court for the district where compliance is

required — and also, after a motion is transferred, the issuing court

— may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena or an order related

to it.

45(c)(3)(A)(ii)


https://www.law.cornell.edu/rules/frcp/rule_45#rule_45_c

https://www.law.cornell.edu/rules/frcp/rule_45#rule_45_d_3_B

https://www.law.cornell.edu/rules/frcp/rule_45#rule_26_b_2_C

EXHIBIT A

Order Granting the Ex Parte Application for Examination of the Custodian of Records of Alpha Guardian Pursuant to Fed. R. Bankr. P. 2004


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Cathrine M. Castaldi, Esq. Max Schlan, Esq. BROWN RUDNICK LLP 2211 Michelson Dr., Seventh Floor Irvine, CA 92612 Telephone: (949) 752-7100 [email protected] [email protected] Ryan J. Works, Esq. (NSBN 9224) Sallie B. Armstrong, Esq. (NSBN 1243) Amanda M. Perach, Esq. (NSBN 12399) McDONALD CARANO LLP 2300 West Sahara Avenue, Suite 1200 Las Vegas, Nevada 89102 Telephone: (702) 873-4100 [email protected] [email protected] [email protected] Proposed Counsel for Official Committee of Unsecured Creditors for Alpha Guardian, et al.





Case No.: 20-11016-mkn Chapter 11 LEAD CASE ORDER GRANTING EX PARTE APPLICATION FOR EXAMINATION OF THE CUSTODIAN OF RECORDS OF ALPHA GUARDIAN PURSUANT TO FED. R. BANKR. P. 2004 Examination Date: April 24, 2020 Examination Time: 9:00 a.m. Jointly Administered with:

___________________________________________________________________Entered on Docket April 10, 2020

Case 20-11016-mkn Doc 176 Entered 04/10/20 15:26:38 Page 1 of 3










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Upon the Ex Parte Application for Examination of Custodian of Records of Alpha

Guardian Pursuant to Fed. R. Bankr. P. 2004 (“Ex Parte Application”) filed by the Official

Committee of Unsecured Creditors for Alpha Guardian, et al. (the “Committee”), and good cause

appearing therefor;

IT IS HEREBY ORDERED that the Ex Parte Application is GRANTED and the

Custodian of Records (the “Custodian”) of Alpha Guardian (“Alpha Guardian”) shall appear for

an examination pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure on April 24,

2020 at 9:00 a.m. Pacific Time, or other mutually agreeable date and time. The examination will

take place at the law offices of McDonald Carano LLP, 2300 West Sahara Avenue, Suite 1200,



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Las Vegas, Nevada 89102, or at another mutually agreeable location1, and may be recorded by

stenographic and/or videographic means. The examination may continue from day to day until

completed.

IT IS HEREBY FURTHER ORDERED that the Custodian be prepared to testify at the

2004 examination concerning the authenticity of Alpha Guardian’s documents which are

produced by Alpha Guardian.

IT IS FURTHER ORDERED that the Committee is authorized to request production of

documents via subpoena as provided by Fed. R. Civ. P. 45(a)(1)(C) as adopted by Fed. R. Bankr.

P. 9016.

Prepared and Submitted by:

McDONALD CARANO LLP /s/ Amanda M. Perach

Ryan J. Works, Esq. (NSBN 9224) Sallie B. Armstrong, Esq. (NSBN 1243) Amanda M. Perach, Esq. (NSBN 12399) 2300 West Sahara Avenue, Suite 1200 Las Vegas, Nevada 89102 [email protected] [email protected] [email protected]

BROWN RUDNICK LLP Cathrine M. Castaldi, Esq. Max Schlan, Esq. 2211 Michelson Dr., Seventh Floor Irvine, CA 92612 [email protected] [email protected]

Proposed Counsel for Official Committee of Unsecured Creditor

4829-7336-8505, v. 1

1 Due to the COVID-19 epidemic, the Committee will work with the party being examined to identify a method for performing the examination and producing documents which is in compliance with the jurisdiction’s relevant stay at home orders.











EXHIBIT B

DEFINITIONS

For purposes of the below document requests (the “Requests”), the following terms shall

apply:

1. “Barings” shall mean Barings Finance LLC, as administrative agent and collateral

agent to the Credit Agreement.

2. “Bravo” shall mean Alpha Bravo Holding Company Inc.

3. “Baker” shall mean Aaron Baker.

4. “Chapter 11 Cases” means the above-captioned chapter 11 cases.

5. “Communication” includes any contact or act by which any information or

knowledge is transmitted or conveyed between two or more persons or entities, by whatever

means accomplished, and includes written contact such as correspondence, letters, notes,

advertisements, proposals, solicitation, memoranda, telegrams, facsimiles, emails, or electronic

file transfers, and oral transmission and conveyance of information, including face-to-face

meetings, telephone conversations, and video conferences.

6. “Concerning” means relating to, evidencing, supporting, negating, refuting,

embodying, containing, memorializing, comprising, reflecting, analyzing, constituting,

describing, identifying, referring to, referencing, discussing, indicating, connected with or

otherwise pertaining in any way, in whole or in part, to the subject matter being referenced.

7. “Credit Agreement” means that credit facility comprised of a $72,000,000 term

loan and a $25,000,000 revolver dated July 31, 2017 used to fund the 2017 Merger (including all

schedules and exhibits attached thereto, as amended by the First Amendment to Credit

Agreement, dated as of September 28, 2018, the Second Amendment to Credit Agreement, dated

as of December 31, 2018 (the “Second Amendment”), the Third Amendment to Credit

Agreement, dated as of July 18, 2019 (the “Third Amendment”), the Fourth Amendment and

Limited Waiver to Credit Agreement dated as of September 20, 2019 (the “Fourth


Amendment”), and as further amended, restated, supplemented or otherwise modified from time

to time and in effect, the “Credit Agreement”).

8. “Debtors” means, collectively, each debtor and debtor in possession in the

Chapter 11 Cases, and shall include anyone acting on their behalf, over whom they have control,

or which is, or may be subrogated to their interests, including, without limitation, any officer,

agent, servant, employee, attorney, insurance company, investigator, independent adjusting

company, affiliate, subsidiary, or other person or entity.

9. “DIP Financing” shall mean the Fifth Amendment to the Credit Agreement

providing debtor-in-possession financing to Debtors in the aggregate amount of $16,750,000 on

an interim and final basis.

10. “Document” has the broadest possible meaning under Federal Rule of Civil

Procedure 34 and includes each and every form of Communication, and also includes, without

limitation, all written, printed, typed, recorded, or graphic matter of any kind, type, nature, or

description, in whatever form (e.g., final and draft versions) that is or has been in Your, as

defined herein, actual or constructive possession, custody or control, including, but not limited

to, all printed and electronic copies of electronic mail, notes, correspondence, memoranda, tapes,

stenographic or handwritten notes, written forms of any kind, charts, blueprints, drawings,

sketches, graphs, plans, articles, specifications, diaries, letters, telegrams, photographs, minutes,

contracts, agreements, reports, surveys, computer printouts, data compilations of any kind,

teletypes, telexes, facsimiles, invoices, order forms, checks, drafts, statements, credit memos,

reports, summaries, books, ledgers, notebooks, schedules, transparencies, recordings, catalogs,

advertisements, promotional materials, films, video tapes, audio tapes, brochures, pamphlets or

any written or recorded materials of any other kind, however stored (whether in tangible or

electronic form), recorded, produced or reproduced, including backup tapes. The term

“Document” shall include not only originals, but also any copies or reproductions of all such

written, printed, typed, recorded, or graphic matter upon which any notations, comments or


markings of any kind have been made that do not appear on the original documents or that are

otherwise not identical to the original documents.

11. “Loan Purchase” shall mean that certain purchase and sale agreement dated

February 7, 2020 between Bravo and the original lenders to the Credit Agreement.

12. “MidOcean” shall mean MidOcean Partners IV, L.P., a private equity fund, and

its members and affiliates.

13. “Original Lenders” shall mean any individual or entity having made a loan

commitment under the Credit Agreement and/or holding an interest in the Credit Agreement,

including Barings.

14. “Person” means a natural person or an entity, including, without limitation, a

corporation, partnership, firm, sole proprietorship, association, joint venture, unincorporated

association, trust, or any other entity of any type or description whatsoever, whether formed for

business or other purposes.

15. “Stack-On Group” means, collectively, Stack-On and Remline.

16. “You” or “Your” means Debtors.

17. “2017 Merger” shall mean the formation of Alpha Guardian in 2017 by

MidOcean and Baker.

INSTRUCTIONS

The preceding Definitions apply to each of these Instructions, and for purposes of the

Requests, the following Instructions shall be followed:

1. All responses shall comply with the requirements of the Federal Rules of Civil

Procedure, the Federal Rules of Bankruptcy Procedure, and the Local Rules for the United States

Bankruptcy Court for the District of Nevada.

2. The following Requests shall be deemed continuing in nature. In the event You

become aware of or acquire additional information Concerning any of the following Requests,

such additional information is to be promptly produced.


3. You are to produce all responsive Documents in Your possession, custody or

control, wherever located, including, without limitation, those in the custody of Your

representatives and affiliates. A Document is deemed to be in Your possession, custody, or

control if it is in Your physical custody, or if it is in the physical custody of any other person or

entity and You: (i) own such Document in whole or in part; (ii) have a right, by contract, statute,

or otherwise, to use, inspect, examine, or copy such Document on any terms; (iii) have an

understanding, express or implied, that You may use, inspect, examine, or copy such Document

on any terms; or (iv) as a practical matter, You have been able to use, inspect, examine, or copy

such Document when You sought to do so. If any requested Document was, but no longer is, in

Your control, state the disposition of each such Document.

4. If any Document requested herein was formerly in Your possession, custody or

control and has been lost or destroyed or otherwise disposed of, You are requested to submit in

lieu of any such Document a written statement (a) describing in detail the nature of the

Document and its contents, (b) identifying the person(s) who prepared or authored the Document

and, if applicable, the person(s) to whom the Document was sent, (c) specifying the date on

which the Document was prepared or transmitted, and (d) specifying the date on which the

Document was lost or destroyed and, if destroyed, the conditions of and reasons for such

destruction and the person(s) requesting and performing the destruction.

5. If any part of the following Requests cannot be responded to in full, please

respond to the extent possible, specifying the reason(s) for Your inability to respond to the

remainder and stating whatever information or knowledge You have Concerning the portion to

which You do not respond.

6. If You object to any of these Requests, state in writing with specificity the

grounds of Your objections. Any ground not stated shall be waived. If You object to a particular

portion of any Request, You shall respond to any other portions of such Request as to which

there is no objection and state with specificity the grounds of the objection.


7. The fact that an investigation is continuing or that discovery is incomplete shall

not be a justification for failing to respond to these Requests based on the knowledge or

information that You possess at the time You respond to these Requests. If an investigation is

continuing or discovery is not complete with respect to the matter inquired into by any Request,

so state in Your response to that Request.

8. Where any copy of any Document whose production is sought herein, whether a

draft or final version, is not identical to any copy thereof, by reason of alterations, notes,

comments, initials, underscoring, indication of routing, or other material contained thereon or

attached thereto, all such non-identical copies are to be produced separately.

9. The words “and” and “or” are to be construed both conjunctively and

disjunctively. The singular form of a noun or pronoun includes the plural form and vice versa.

The word “all” shall also include “each of,” and vice versa. The word “any” shall be construed

to mean “any and all” where the effect of such construction is to broaden the scope of the

Request.

10. If there are no Documents responsive to any particular Request, please state so in

writing.

11. A Request for any Document shall be deemed to include a request for any and all

transmittal sheets, cover letters, exhibits, enclosures, or attachments to such Document, in

addition to the Document in its full and unexpurgated form.

12. Each Request for Documents herein includes a request for exact copies of all

disks, CDs, DVDs, flash drives, memory sticks, and other removable media containing any

information responsive to such Request. Electronic records and computerized information

should be produced in an intelligible format or together with a sufficient description of the

system or program from which each was derived to permit rendering the material legible.

13. If the identity of Documents responding to a Request is not known, then that lack

of knowledge must be specifically indicated in the response. If any information requested is not


in Your possession, but is known or believed to be in the possession of another person or entity,

then identify that person or entity and state the basis of Your belief or knowledge that the

requested information is in such person’s or entity’s possession.

14. Produce all Documents as they are kept in the ordinary course of business.

15. Unless otherwise specified in the Requests, You are to produce all Documents

and Communications responsive to a Request from the period between and including February

24, 2016 and February 24, 2020.

16. To the extent you refuse to respond to any Request, in whole or in part, on

grounds of privilege, identify the withheld Document or Communication on a privilege log

stating: (i) the identity of the person(s) who prepared or authored the Document or took part in

the Communication; (ii) the person(s) to whom the Document was shown or otherwise disclosed;

(iii) the date(s) on which the Document was prepared and disseminated, or on which the

Communication transpired or was disclosed; (iv) the general subject matter of the Document or

Communication; (v) the nature of the Document or Communication (e.g., telephone conference,

office conference); and (v) the basis for the claim of privilege or withholding. Any redactions to

Documents shall be prominently identified with a mark indicating the location and size of the

redacted area.

DOCUMENTS TO BE PRODUCED

1. All documents and communications relating to the financial viability of the

Debtors within the past four years, including but not limited to budget projections, cash flow

analyses, tax returns, schedules detailing the Debtors’ tax basis in its assets, balance sheet

statements, and related financial statements.

2. All documents and communications by and among Debtors, Barings, MidOcean,

Baker, Bravo, and Original Lenders Concerning the MidOcean acquisition of the Stack-On

Group.

3. All documents and communications by and among Debtors, Barings MidOcean,


Baker, Bravo, and Original Lenders Concerning the 2017 Merger.


Baker, Bravo and Original Lenders Concerning the Credit Agreement, including but not limited

to the complete set of closing binders and financial statements and projections provided in

connection with the Credit Agreement.


Bravo, Baker, and Original Lenders Concerning the Loan Purchase, including but not limited to

the complete set of closing binders and financial statements and projections provided in

connection with the Loan Purchase.

6. All documents and communications by and among Debtors, Bravo, and Baker

Concerning the DIP Financing.

7. Documents and communications sufficient to show the relationship between

Debtors and K-Wall Corporation and J&R Reality, LLC.

8. All documents and communications Concerning the sale, transfer, or leasing of

any real property in which the Debtors, including K-Wall Corporation and J&R Realty, LLC,

hold or have held an interest since the 2017 Merger.

9. Documents and communications from any federal, state, local, or non-US taxing

sufficient to identify any closed or pending federal, state, local, or non-US tax audits or

administrative or judicial tax proceeding with respect to the Debtors and any notice from such

taxing authorities indicating an intent to open an audit or other review, request for information

relating to any tax matters, a proposed deficiency or adjustment for any amount of tax assessed

by any taxing authority against the Debtors, and details of any waiver or extension of any statute

of limitations with respect to taxes of the Debtors.

10. Documents and communications regarding any item that Debtors could use to

offset or reduce any tax including but not limited to federal and state net operating loss

carryovers (and current operating losses), federal, foreign, state and local credits available to the


Company (including but not limited to general business credits, foreign tax credits, minimum tax

credits and renewable energy credits), capital loss carryovers, passive activity losses, and credit

carryovers.

11. Documents and communications of any tax allocation, sharing, receivable, or

similar agreements to which the Debtors is or was a party to and any joint venture, LLC

operating, or partnership agreement to which the Debtors are or were a party.

12. Documents and communications sufficient to identify all transactions or events

not in the ordinary course occurring since December 31, 2017, which would have any impact on

any tax matters.

13. Documents and communications, including memoranda and work papers,

addressing the tax consequences to the Debtors of any potential restructuring of the Debtors’

outstanding indebtedness, including cancellation of indebtedness income and reduced tax

attributes.

14. Documents and communications sufficient to identify all of Debtors’ insurance

policies, including but not limited to insurance policies covering the liability of the directors and

officers of the Debtors.

15. Documents and communications sufficient to identify the corporate charters,

bylaws, schedules outlining the capital structure of each entity in the Debtors’ corporate

structure, schedules outlining the Debtors’ issued and outstanding debt, and any other corporate

governance documents for each of the Debtors.

16. All corporate board minutes and board committee minutes for each of the

Debtors.

17. Documents and communications sufficient to identify all vehicle titles held by

each of the Debtors.


EXHIBIT C

DECLARATION OF CUSTODIAN OF RECORDS OF

ALPHA GUARDIAN

____________________________________ (print name) declares as follows:

1. I am a United States citizen, and I am over 18 years of age. This declaration is

made of my own personal knowledge except where stated on information and belief. As to those

matters, I believe them to be true.

2. On or about ____________________, 2020, Alpha Guardian (“Alpha

Guardian”) was served with a Subpoena For Rule 2004 Examination (the “Subpoena”) in the

case of In Re: Alpha Guardian, a Nevada Corporation, Lead Case No.: 20-11016-mkn, calling

for the production of records in said matter.

3. Check one of the following:

a. ______ I am the (job title) of Alpha Guardian , and I

am authorized to execute this declaration on Alpha Guardian ’s behalf. Alpha

Guardian does not have any documents that are responsive to the Subpoena.

b. ______ I am the (job title) of Alpha Guardian . To

the best of my knowledge, I have made or caused to be made true and exact copies of all

of the records in Alpha Guardian ’s possession that are responsive to the Subpoena and

the reproductions of those records were produced by Alpha Guardian on

_____________________, 2020.

4. The originals of the records produced were made at or near the time of the acts,

events, conditions, opinions, or diagnoses recited therein by or from information transmitted by a

person with knowledge, in the course of a regularly-conducted activity of Alpha Guardian.

//

//


Check one of the following:

a. If this declaration is executed within the State of Nevada:

____ I declare under penalty of perjury that the foregoing is true and correct.

b. If this declaration is executed outside the State of Nevada:

____ I declare under penalty of perjury under the law of the State of Nevada that the

foregoing is true and correct.

Executed on ____________, 2020.

ALPHA GUARDIAN

By: __________________________

Its: __________________________

4819-1542-2393, v. 2


Exhibit 2







To: STACK-ON Acquisition Parent Corp.






PLACE:

McDonald Carano LLP



Telephone: (702) 873-4100

DATE AND TIME:

April 24, 2020 at 9:30 a.m.





and Documents to be Produced), and Exhibit C (the Declaration of Custodian of Records of STACK-ON

Acquisition Parent Corp.).




not doing so.





DATE

April 13, 2020





[email protected]










PROOF OF SERVICE




__________________________________________________________________________________________

________________________________________ on (date) _________________________; or


__________________________________________________________________________________________



$ _______________________ .



Date: ______________________ ___________________________________


___________________________________


___________________________________

Server’s address















ENFORCEMENT.







































compensated.






































to it.

45(c)(3)(A)(ii)





EXHIBIT A

Order Granting the Ex Parte Application for Examination of the Custodian of Records of STACK-ON Acquisition Parent Corp. Pursuant to Fed. R. Bankr. P. 2004


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28






Case No.: 20-11016-mkn Chapter 11 LEAD CASE ORDER GRANTING EX PARTE APPLICATION FOR EXAMINATION OF THE CUSTODIAN OF RECORDS OF STACK-ON ACQUISITION PARENT CORP. PURSUANT TO FED. R. BANKR. P. 2004 Examination Date: April 24, 2020 Examination Time: 9:30 a.m. Jointly Administered with:












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28



















Upon the Ex Parte Application for Examination of Custodian of Records of Stack-On

Acquisition Parent Corp. Pursuant to Fed. R. Bankr. P. 2004 (“Ex Parte Application”) filed by

the Official Committee of Unsecured Creditors for Alpha Guardian, et al. (the “Committee”), and

good cause appearing therefor;


Custodian of Records (the “Custodian”) of Stack-On Acquisition Parent Corp. (“Stack-On

Parent”) shall appear for an examination pursuant to Rule 2004 of the Federal Rules of Bankruptcy

Procedure on April 24, 2020 at 9:30 a.m. Pacific Time, or other mutually agreeable date and time.

The examination will take place at the law offices of McDonald Carano LLP, 2300 West Sahara



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Avenue, Suite 1200, Las Vegas, Nevada 89102, or at another mutually agreeable location1, and

may be recorded by stenographic and/or videographic means. The examination may continue

from day to day until completed.


2004 examination concerning the authenticity of Stack-On Parent’s documents which are

produced by Stack-On Parent.



P. 9016.






4836-8743-9801, v. 1












EXHIBIT B

DEFINITIONS


apply:
































including Barings.








MidOcean and Baker.

INSTRUCTIONS























Request.


writing.


















24, 2016 and February 24, 2020.










redacted area.








Group.





carryovers.






any tax matters.




attributes.









Debtors.




EXHIBIT C


STACK-ON Acquisition Parent Corp.





2. On or about ____________________, 2020, STACK-ON Acquisition Parent

Corp. (“STACK-ON Parent”) was served with a Subpoena For Rule 2004 Examination (the

“Subpoena”) in the case of In Re: Alpha Guardian, a Nevada Corporation, Lead Case No.: 20-

11016-mkn, calling for the production of records in said matter.


a. ______ I am the (job title) of STACK-ON Parent,

and I am authorized to execute this declaration on STACK-ON Parent’s behalf.

STACK-ON Parent does not have any documents that are responsive to the Subpoena.

b. ______ I am the (job title) of STACK-ON Parent.

To the best of my knowledge, I have made or caused to be made true and exact copies of

all of the records in STACK-ON Parent’s possession that are responsive to the

Subpoena and the reproductions of those records were produced by STACK-ON Parent

on _____________________, 2020.



person with knowledge, in the course of a regularly-conducted activity of STACK-ON Parent.

//

//








Executed on ____________, 2020.

STACK-ON Acquisition Parent Corp.

By: __________________________

Its: __________________________

4828-2645-6250, v. 1


Exhibit 3







To: STACK-ON PRODUCTS CO.






PLACE:

McDonald Carano LLP



Telephone: (702) 873-4100

DATE AND TIME:

April 24, 2020 at 10:00 a.m.





and Documents to be Produced), and Exhibit C (the Declaration of Custodian of Records of STACK-ON

PRODUCTS CO.).




not doing so.





DATE

April 13, 2020





[email protected]










PROOF OF SERVICE




__________________________________________________________________________________________

________________________________________ on (date) _________________________; or


__________________________________________________________________________________________



$ _______________________ .



Date: ______________________ ___________________________________


___________________________________


___________________________________

Server’s address















ENFORCEMENT.







































compensated.






































to it.

45(c)(3)(A)(ii)





EXHIBIT A

Order Granting the Ex Parte Application for Examination of the Custodian of Records of STACK-ON PRODUCTS CO. Pursuant to Fed. R. Bankr. P. 2004


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28


UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF NEVADA



Case No.: 20-11016-mkn Chapter 11 LEAD CASE ORDER GRANTING EX PARTE APPLICATION FOR EXAMINATION OF THE CUSTODIAN OF RECORDS OF STACK-ON PRODUCTS CO. PURSUANT TO FED. R. BANKR. P. 2004 Examination Date: April 24, 2020 Examination Time: 10:00 a.m. Jointly Administered with:












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28



















Upon the Ex Parte Application for Examination of Custodian of Records of Stack-On

Products Co. Pursuant to Fed. R. Bankr. P. 2004 (“Ex Parte Application”) filed by the Official


appearing therefor;


Custodian of Records (the “Custodian”) of Stack-On Products Co. (“Stack-On Products”) shall

appear for an examination pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure

on April 24, 2020 at 10:00 a.m. Pacific Time, or other mutually agreeable date and time. The

examination will take place at the law offices of McDonald Carano LLP, 2300 West Sahara



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2004 examination concerning the authenticity of Stack-On Products’ documents which are

produced by Stack-On Products.



P. 9016.






4833-1487-6601, v. 1












EXHIBIT B

DEFINITIONS


apply:
































including Barings.








MidOcean and Baker.

INSTRUCTIONS























Request.


writing.


















24, 2016 and February 24, 2020.










redacted area.








Group.





carryovers.






any tax matters.




attributes.









Debtors.




EXHIBIT C


STACK-ON PRODUCTS CO.





2. On or about ____________________, 2020, STACK-ON PRODUCTS CO.

(“STACK-ON”) was served with a Subpoena For Rule 2004 Examination (the “Subpoena”) in

the case of In Re: Alpha Guardian, a Nevada Corporation, Lead Case No.: 20-11016-mkn,

calling for the production of records in said matter.


a. ______ I am the (job title) of STACK-ON, and I am

authorized to execute this declaration on STACK-ON’S behalf. STACK-ON does not

have any documents that are responsive to the Subpoena.

b. ______ I am the (job title) of STACK-ON. To the

best of my knowledge, I have made or caused to be made true and exact copies of all of

the records in STACK-ON’S possession that are responsive to the Subpoena and the

reproductions of those records were produced by STACK-ON on

_____________________, 2020.



person with knowledge, in the course of a regularly-conducted activity of STACK-ON.

//

//








Executed on ____________, 2020.

STACK-ON PRODUCTS CO.

By: __________________________

Its: __________________________

4853-0961-5290, v. 1


Exhibit 4







To: CANNON SECURITY PRODUCTS, LLC






PLACE:

McDonald Carano LLP



Telephone: (702) 873-4100

DATE AND TIME:

April 24, 2020 at 10:30 a.m.





and Documents to be Produced), and Exhibit C (the Declaration of Custodian of Records of Cannon Security

Products, LLC).




not doing so.





DATE

April 13, 2020





[email protected]










PROOF OF SERVICE




__________________________________________________________________________________________

________________________________________ on (date) _________________________; or


__________________________________________________________________________________________



$ _______________________ .



Date: ______________________ ___________________________________


___________________________________


___________________________________

Server’s address















ENFORCEMENT.







































compensated.






































to it.

45(c)(3)(A)(ii)





EXHIBIT A

Order Granting the Ex Parte Application for Examination of the Custodian of Records of CANNON SECURITY PRODUCTS, LLC Pursuant to Fed. R. Bankr. P. 2004


1

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28





Case No.: 20-11016-mkn Chapter 11 LEAD CASE ORDER GRANTING EX PARTE APPLICATION FOR EXAMINATION OF THE CUSTODIAN OF RECORDS OF CANNON SECURITY PRODUCTS, LLC PURSUANT TO FED. R. BANKR. P. 2004 Examination Date: April 24, 2020 Examination Time: 10:30 a.m. Jointly Administered with:












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Upon the Ex Parte Application for Examination of Custodian of Records of Cannon

Security Products, LLC Pursuant to Fed. R. Bankr. P. 2004 (“Ex Parte Application”) filed by the

Official Committee of Unsecured Creditors for Alpha Guardian, et al. (the “Committee”), and

good cause appearing therefor;


Custodian of Records (the “Custodian”) of Cannon Security Products, LLC (“Cannon Security”)

shall appear for an examination pursuant to Rule 2004 of the Federal Rules of Bankruptcy

Procedure on April 24, 2020 at 10:30 a.m. Pacific Time, or other mutually agreeable date and

time. The examination will take place at the law offices of McDonald Carano LLP, 2300 West



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Sahara Avenue, Suite 1200, Las Vegas, Nevada 89102, or at another mutually agreeable location1,

and may be recorded by stenographic and/or videographic means. The examination may continue



2004 examination concerning the authenticity of Cannon Security’s documents which are

produced by Cannon Security.



P. 9016.






4832-1991-5193, v. 1












EXHIBIT B

DEFINITIONS


apply:
































including Barings.








MidOcean and Baker.

INSTRUCTIONS























Request.


writing.


















24, 2016 and February 24, 2020.










redacted area.








Group.





carryovers.






any tax matters.




attributes.









Debtors.




EXHIBIT C

DECLARATION OF CUSTODIAN OF RECORDS OF CANNON SECURITY PRODUCTS, LLC





2. On or about ____________________, 2020, CANNON SECURITY

PRODUCTS, LLC (“CANNON SECURITY”) was served with a Subpoena For Rule 2004

Examination (the “Subpoena”) in the case of In Re: Alpha Guardian, a Nevada Corporation,

Lead Case No.: 20-11016-mkn, calling for the production of records in said matter.


a. ______ I am the (job title) of CANNON

SECURITY, and I am authorized to execute this declaration on CANNON

SECURITY’S behalf. CANNON SECURITY does not have any documents that are

responsive to the Subpoena.

b. ______ I am the (job title) of CANNON

SECURITY. To the best of my knowledge, I have made or caused to be made true and

exact copies of all of the records in CANNON SECURITY’S possession that are

responsive to the Subpoena and the reproductions of those records were produced by

CANNON SECURITY on _____________________, 2020.



person with knowledge, in the course of a regularly-conducted activity of CANNON

SECURITY.

//

//








Executed on ____________, 2020.

CANNON SECURITY PRODUCTS, LLC

By: __________________________

Its: __________________________

4825-5841-4010, v. 1


Exhibit 5







To: CANNON SAFE INC.






PLACE:

McDonald Carano LLP



Telephone: (702) 873-4100

DATE AND TIME:

April 24, 2020 at 11:00 a.m.





and Documents to be Produced), and Exhibit C (the Declaration of Custodian of Records of Cannon Safe Inc.).




not doing so.





DATE

April 13, 2020





[email protected]










PROOF OF SERVICE




__________________________________________________________________________________________

________________________________________ on (date) _________________________; or


__________________________________________________________________________________________



$ _______________________ .



Date: ______________________ ___________________________________


___________________________________


___________________________________

Server’s address















ENFORCEMENT.







































compensated.






































to it.

45(c)(3)(A)(ii)





EXHIBIT A

Order Granting the Ex Parte Application for Examination of the Custodian of Records of CANNON SAFE INC. Pursuant to Fed. R. Bankr. P. 2004


1

2

3

4

5

6

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8

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Case No.: 20-11016-mkn Chapter 11 LEAD CASE ORDER GRANTING EX PARTE APPLICATION FOR EXAMINATION OF THE CUSTODIAN OF RECORDS OF CANNON SAFE INC. PURSUANT TO FED. R. BANKR. P. 2004 Examination Date: April 24, 2020 Examination Time: 11:00 a.m. Jointly Administered with:












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Upon the Ex Parte Application for Examination of Custodian of Records of Cannon Safe

Inc. Pursuant to Fed. R. Bankr. P. 2004 (“Ex Parte Application”) filed by the Official Committee

of Unsecured Creditors for Alpha Guardian, et al. (the “Committee”), and good cause appearing

therefor;


Custodian of Records (the “Custodian”) of Cannon Safe Inc. (“Cannon Safe”) shall appear for an

examination pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure on April 24,





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completed.


2004 examination concerning the authenticity of Cannon Safe’s documents which are produced

by Cannon Safe.



P. 9016.






4813-7691-1801, v. 1












EXHIBIT B

DEFINITIONS


apply:
































including Barings.








MidOcean and Baker.

INSTRUCTIONS























Request.


writing.


















24, 2016 and February 24, 2020.










redacted area.








Group.





carryovers.






any tax matters.




attributes.









Debtors.




EXHIBIT C

DECLARATION OF CUSTODIAN OF RECORDS OF CANNON SAFE INC.





2. On or about ____________________, 2020, CANNON SAFE INC. (“CANNON

SAFE”) was served with a Subpoena For Rule 2004 Examination (the “Subpoena”) in the case

of In Re: Alpha Guardian, a Nevada Corporation, Lead Case No.: 20-11016-mkn, calling for the

production of records in said matter.


a. ______ I am the (job title) of CANNON SAFE, and I

am authorized to execute this declaration on CANNON SAFE’S behalf. CANNON

SAFE does not have any documents that are responsive to the Subpoena.

b. ______ I am the (job title) of CANNON SAFE. To


of the records in CANNON SAFE’S possession that are responsive to the Subpoena and

the reproductions of those records were produced by CANNON SAFE on

_____________________, 2020.



person with knowledge, in the course of a regularly-conducted activity of CANNON SAFE.

//

//








Executed on ____________, 2020.

CANNON SAFE INC.

By: __________________________

Its: __________________________

4836-4939-1802, v. 1


Exhibit 6







To: GUNVAULT USA, INC.






PLACE:

McDonald Carano LLP



Telephone: (702) 873-4100

DATE AND TIME:

April 24, 2020 at 11:30 a.m.





and Documents to be Produced), and Exhibit C (the Declaration of Custodian of Records of GUNVAULT USA,

INC.).




not doing so.





DATE

April 13, 2020





[email protected]










PROOF OF SERVICE




__________________________________________________________________________________________

________________________________________ on (date) _________________________; or


__________________________________________________________________________________________



$ _______________________ .



Date: ______________________ ___________________________________


___________________________________


___________________________________

Server’s address















ENFORCEMENT.







































compensated.






































to it.

45(c)(3)(A)(ii)





EXHIBIT A

Order Granting the Ex Parte Application for Examination of the Custodian of Records of GUNVAULT USA, INC. Pursuant to Fed. R. Bankr. P. 2004


1

2

3

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5

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28





Case No.: 20-11016-mkn Chapter 11 LEAD CASE ORDER GRANTING EX PARTE APPLICATION FOR EXAMINATION OF THE CUSTODIAN OF RECORDS OF GUNVAULT USA, INC. PURSUANT TO FED. R. BANKR. P. 2004 Examination Date: April 24, 2020 Examination Time: 11:30 a.m. Jointly Administered with:












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Upon the Ex Parte Application for Examination of Custodian of Records of Gunvault USA,

Inc. Pursuant to Fed. R. Bankr. P. 2004 (“Ex Parte Application”) filed by the Official Committee

of Unsecured Creditors for Alpha Guardian, et al. (the “Committee”), and good cause appearing

therefor;


Custodian of Records (the “Custodian”) of Gunvault USA, Inc. (“Gunvault”) shall appear for an






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completed.


2004 examination concerning the authenticity of Gunvault’s documents which are produced by

Gunvault.



P. 9016.






4848-8518-4953, v. 1












EXHIBIT B

DEFINITIONS


apply:
































including Barings.








MidOcean and Baker.

INSTRUCTIONS























Request.


writing.


















24, 2016 and February 24, 2020.










redacted area.








Group.





carryovers.






any tax matters.




attributes.









Debtors.




EXHIBIT C


GUNVAULT USA, INC.





2. On or about ____________________, 2020, GUNVAULT USA, INC.

(“GUNVAULT”) was served with a Subpoena For Rule 2004 Examination (the “Subpoena”) in




a. ______ I am the (job title) of GUNVAULT, and I am

authorized to execute this declaration on GUNVAULT’S behalf. GUNVAULT does not


b. ______ I am the (job title) of GUNVAULT. To the


the records in GUNVAULT’S possession that are responsive to the Subpoena and the

reproductions of those records were produced by GUNVAULT on

_____________________, 2020.



person with knowledge, in the course of a regularly-conducted activity of GUNVAULT.

//

//








Executed on ____________, 2020.

GUNVAULT USA, INC.

By: __________________________

Its: __________________________

4826-0946-6554, v. 1


Exhibit 7







To: REMLINE INDUSTRIES, INC.






PLACE:

McDonald Carano LLP



Telephone: (702) 873-4100

DATE AND TIME:

April 24, 2020 at 1:00 p.m.





and Documents to be Produced), and Exhibit C (the Declaration of Custodian of Records of REMLINE

INDUSTRIES, INC.).




not doing so.





DATE

April 13, 2020





[email protected]










PROOF OF SERVICE




__________________________________________________________________________________________

________________________________________ on (date) _________________________; or


__________________________________________________________________________________________



$ _______________________ .



Date: ______________________ ___________________________________


___________________________________


___________________________________

Server’s address















ENFORCEMENT.







































compensated.






































to it.

45(c)(3)(A)(ii)





EXHIBIT A

Order Granting the Ex Parte Application for Examination of the Custodian of Records of REMLINE INDUSTRIES, INC. Pursuant to Fed. R. Bankr. P. 2004


1

2

3

4

5

6

7

8

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18

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20

21

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28





Case No.: 20-11016-mkn Chapter 11 LEAD CASE ORDER GRANTING EX PARTE APPLICATION FOR EXAMINATION OF THE CUSTODIAN OF RECORDS OF REMLINE INDUSTRIES, INC. PURSUANT TO FED. R. BANKR. P. 2004 Examination Date: April 24, 2020 Examination Time: 1:00 p.m. Jointly Administered with:


Case 20-11016-mkn Doc 183 Entered 04/10/20 15:36:49 Page 1 of 3Case 20-11016-mkn Doc 199 Entered 04/13/20 15:54:05 of 214





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28



















Upon the Ex Parte Application for Examination of Custodian of Records of Remline

Industries, Inc. Pursuant to Fed. R. Bankr. P. 2004 (“Ex Parte Application”) filed by the Official


appearing therefor;


Custodian of Records (the “Custodian”) of Remline Industries, Inc. (“Remline”) shall appear for

an examination pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure on April 24,

2020 at 1:00 p.m. Pacific Time, or other mutually agreeable date and time. The examination will



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4

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completed.


2004 examination concerning the authenticity of Remline’s documents which are produced by

Remline.



P. 9016.






4848-0385-4777, v. 1







EXHIBIT B

DEFINITIONS


apply:
































including Barings.








MidOcean and Baker.

INSTRUCTIONS























Request.


writing.


















24, 2016 and February 24, 2020.










redacted area.








Group.





carryovers.






any tax matters.




attributes.









Debtors.




EXHIBIT C

DECLARATION OF CUSTODIAN OF RECORDS OF REMLINE INDUSTRIES, INC.





2. On or about ____________________, 2020, REMLINE INDUSTRIES, INC.

(“REMLINE”) was served with a Subpoena For Rule 2004 Examination (the “Subpoena”) in




a. ______ I am the (job title) of REMLINE, and I am

authorized to execute this declaration on REMLINE’S behalf. REMLINE does not


b. ______ I am the (job title) of REMLINE. To the


the records in REMLINE’S possession that are responsive to the Subpoena and the

reproductions of those records were produced by REMLINE on

_____________________, 2020.



person with knowledge, in the course of a regularly-conducted activity of REMLINE.

//

//








Executed on ____________, 2020.

REMLINE INDUSTRIES, INC.

By: __________________________

Its: __________________________

4842-2027-5898, v. 1


Exhibit 8







To: AARON BAKER






PLACE:

McDonald Carano LLP



Telephone: (702) 873-4100

DATE AND TIME:

April 24, 2020 at 1:30 p.m.





and Documents to be Produced), and Exhibit C (the Declaration of Custodian of Records of AARON BAKER).




not doing so.





DATE

April 13, 2020





[email protected]










PROOF OF SERVICE




__________________________________________________________________________________________

________________________________________ on (date) _________________________; or


__________________________________________________________________________________________



$ _______________________ .



Date: ______________________ ___________________________________


___________________________________


___________________________________

Server’s address















ENFORCEMENT.







































compensated.






































to it.

45(c)(3)(A)(ii)





EXHIBIT A

Order Granting the Ex Parte Application for Examination of the Custodian of Records of AARON BAKER Pursuant to Fed. R. Bankr. P. 2004


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Case No.: 20-11016-mkn Chapter 11 LEAD CASE ORDER GRANTING EX PARTE APPLICATION FOR EXAMINATION OF AARON BAKER PURSUANT TO FED. R. BANKR. P. 2004 Examination Date: April 24, 2020 Examination Time: 1:30 p.m. Jointly Administered with:












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Upon the Ex Parte Application for Examination of Aaron Baker Pursuant to Fed. R. Bankr.

P. 2004 (“Ex Parte Application”) filed by the Official Committee of Unsecured Creditors for

Alpha Guardian, et al. (the “Committee”), and good cause appearing therefor;

IT IS HEREBY ORDERED that the Ex Parte Application is GRANTED and Aaron

Baker ( “Baker”) shall appear for an examination pursuant to Rule 2004 of the Federal Rules of

Bankruptcy Procedure on April 24, 2020 at 1:30 p.m. Pacific Time, or other mutually agreeable

date and time. The examination will take place at the law offices of McDonald Carano LLP, 2300

West Sahara Avenue, Suite 1200, Las Vegas, Nevada 89102, or at another mutually agreeable



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location1, and may be recorded by stenographic and/or videographic means. The examination

may continue from day to day until completed.



P. 9016.






4840-1806-8921, v. 1












EXHIBIT B

DEFINITIONS


apply:



2. “Bravo” shall mean Alpha Bravo Holding Company Inc. and anyone acting on its

behalf, over whom it has control, or which is, or may be subrogated to its interests, including,

without limitation, any officer, agent, servant, employee, attorney, insurance company,

investigator, independent adjusting company, affiliate, subsidiary, or other person or entity.





























including Barings.





15. “You” or “Your” means Bravo.


MidOcean and Baker.

INSTRUCTIONS



1. To the extent You have provided and fully satisfied any of the below Requests,

You shall provide a written response stating the date and manner of production of such

Request(s).





















Request.


writing.


















24, 2016 and February 24, 2020.










redacted area.

DOCUMENT TO BE PRODUCED

1. All documents and communications by and among Bravo, Barings, Debtors,

MidOcean, Baker, and Original Lenders Concerning the 2017 Merger.



MidOcean, Baker, and Original Lenders Concerning the Credit Agreement, including but not

limited to the complete set of closing binders and financial statements and projections provided

in connection with the Credit Agreement.


MidOcean, Baker, and Original Lenders Concerning the Loan Purchase, including but not


in connection with the Loan Purchase.

4. All documents and communications by and among Bravo, Debtors, and Baker


5. All corporate board minutes and board committee minutes Concerning the

Debtors.


EXHIBIT C

DECLARATION OF RECORDS OF AARON BAKER





2. On or about ____________________, 2020, I was served with a Subpoena For

Rule 2004 Examination (the “Subpoena”) in the case of In Re: Alpha Guardian, a Nevada

Corporation, Lead Case No.: 20-11016-mkn, calling for the production of records in said matter.


a. ______ I do not have any documents that are responsive to the Subpoena.

b. ______ To the best of my knowledge, I have made or caused to be made

true and exact copies of all of the records in my possession that are responsive to the

Subpoena and the reproductions of those records were produced by

________________________ on _____________________, 2020.



person with knowledge, in the course of a regularly-conducted activity.

// //








Executed on ____________, 2020.

AARON BAKER

By: __________________________

4812-6853-4458, v. 1


Exhibit 9







To: Alpha Bravo Holdings, LLC






PLACE:

McDonald Carano LLP



Telephone: (702) 873-4100

DATE AND TIME:

April 24, 2020 at 2:00 p.m.





and Documents to be Produced), and Exhibit C (the Declaration of Custodian of Records of Alpha Bravo Holdings,

LLC).




not doing so.





DATE

April 13, 2020





[email protected]










PROOF OF SERVICE




__________________________________________________________________________________________

________________________________________ on (date) _________________________; or


__________________________________________________________________________________________



$ _______________________ .



Date: ______________________ ___________________________________


___________________________________


___________________________________

Server’s address















ENFORCEMENT.







































compensated.






































to it.

45(c)(3)(A)(ii)





EXHIBIT A

Order Granting the Ex Parte Application for Examination of the Custodian of Records of Alpha Bravo Holdings, LLC Pursuant to Fed. R. Bankr. P. 2004


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Case No.: 20-11016-mkn Chapter 11 LEAD CASE ORDER GRANTING EX PARTE APPLICATION FOR EXAMINATION OF THE CUSTODIAN OF RECORDS OF ALPHA BRAVO HOLDING COMPANY, INC. PURSUANT TO FED. R. BANKR. P. 2004 Examination Date: April 24, 2020 Examination Time: 2:00 p.m. Jointly Administered with:












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Upon the Ex Parte Application for Examination of Alpha Bravo Holding Company, Inc.

Pursuant to Fed. R. Bankr. P. 2004 (“Ex Parte Application”) filed by the Official Committee of

Unsecured Creditors for Alpha Guardian, et al. (the “Committee”), and good cause appearing

therefor;


Custodian of Records (the “Custodian”) for Alpha Bravo Holding Company, Inc. (“Alpha Bravo”)

shall appear for an examination pursuant to Rule 2004 of the Federal Rules of Bankruptcy

Procedure on April 24, 2020 at 2:00 p.m. Pacific Time, or other mutually agreeable date and time.

The examination will take place at the law offices of McDonald Carano LLP, 2300 West Sahara



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IT IS HEREBY FURTHER ORDERED that the Custodian for Alpha Bravo be prepared

to testify at the 2004 examination concerning Alpha Bravo’s documents which are produced by

it.



P. 9016.






4828-6667-5129, v. 1












EXHIBIT B

DEFINITIONS


apply:



2. “Bravo” shall mean Alpha Bravo Holding Company Inc. and anyone acting on its

behalf, over whom it has control, or which is, or may be subrogated to its interests, including,

without limitation, any officer, agent, servant, employee, attorney, insurance company,

investigator, independent adjusting company, affiliate, subsidiary, or other person or entity.





























including Barings.





15. “You” or “Your” means Bravo.


MidOcean and Baker.

INSTRUCTIONS



1. To the extent You have provided and fully satisfied any of the below Requests,

You shall provide a written response stating the date and manner of production of such

Request(s).





















Request.


writing.


















24, 2016 and February 24, 2020.










redacted area.



MidOcean, Baker, and Original Lenders Concerning the 2017 Merger.



MidOcean, Baker, and Original Lenders Concerning the Credit Agreement, including but not


in connection with the Credit Agreement.


MidOcean, Baker, and Original Lenders Concerning the Loan Purchase, including but not


in connection with the Loan Purchase.

4. All documents and communications by and among Bravo, Debtors, and Baker



Debtors.


EXHIBIT C

DECLARATION OF CUSTODIAN OF RECORDS OF ALPHA BRAVO HOLDINGS, LLC





2. On or about ____________________, 2020, Alpha Bravo Holdings, LLC

(“ALPHA BRAVO”) was served with a Subpoena For Rule 2004 Examination (the

“Subpoena”) in the case of In Re: Alpha Guardian, a Nevada Corporation, Lead Case No.: 20-

11016-mkn, calling for the production of records in said matter.


a. ______ I am the (job title) of ALPHA BRAVO, and I

am authorized to execute this declaration on ALPHA BRAVO’S behalf. ALPHA

BRAVO does not have any documents that are responsive to the Subpoena.

b. ______ I am the (job title) of ALPHA BRAVO. To


of the records in ALPHA BRAVO’S possession that are responsive to the Subpoena and

the reproductions of those records were produced by ALPHA BRAVO on

_____________________, 2020.



person with knowledge, in the course of a regularly-conducted activity of ALPHA BRAVO.

//

//








Executed on ____________, 2020.

ALPHA BRAVO HOLDINGS, LLC

By: __________________________

Its: __________________________

4845-0706-1434, v. 1


Exhibit 10







To: Lincoln International LLC

Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at an examination under Rule 2004, Federal Rules of Bankruptcy Procedure. A copy of the court order authorizing the examination is attached as Exhibit A. Due to the COVID-19 epidemic, the Committee will work with the party being examined to identify a method for performing the examination and producing documents which is in compliance with the jurisdiction’s relevant stay at home orders. PLACE:

Pokorny & Marks, LLC 6 West Hubbard Street, Suite 200 Chicago, Illinois 60654

DATE AND TIME: April 24, 2020 at 2:30 p.m.


Production: You, or your representatives, must also bring with you to the examination the following documents, electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the material: See attached Exhibit A (the order regarding the document production), Exhibit B (Definitions, Instructions and Documents to be Produced), and Exhibit C (the Declaration of Custodian of Records of Lincoln International LLC). The following provisions of Fed. R. Civ. P. 45, made applicable in bankruptcy cases by Fed. R. Bankr. P. 9016, are attached – Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and 45(g), relating to your duty to respond to this subpoena and the potential consequences of not doing so. ISSUING OFFICER SIGNATURE AND TITLE /s/ Amanda M. Perach Proposed counsel for Official Committee of Unsecured Creditors for Alpha Guardian, et al.

DATE April 13, 2020

The name, address, email address and telephone number of the attorneys representing the Official Committee of Unsecured Creditors for Alpha Guardian, et al. who issues or requests this subpoena are: Ryan J. Works, Esq., Sallie B. Armstrong, Esq., and Amanda M. Perach, Esq. McDonald Carano LLP, 2300 West Sahara Avenue, Suite 1200, Las Vegas, Nevada 89102, 702.873.4100, [email protected], [email protected], [email protected]

Notice to the person who issues or requests this subpoena If this subpoena commands the production of documents, electronically stored information, or tangible things, or the inspection of premises before the trial, a notice and a copy of this subpoena must be served on each party before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).



PROOF OF SERVICE (This Section should not be filled with the court unless required by Fed. R. Civ. P. 45)



__________________________________________________________________________________________

________________________________________ on (date) _________________________; or


__________________________________________________________________________________________



$ _______________________ .



Date: ______________________ ___________________________________ Server’s signature

___________________________________ Print name and title

___________________________________ Server’s address


Rule 45, Federal Rules of Civil Procedure, Subdivisions (c), (d), (e) and (g), made applicable in cases under the Bankruptcy Code by Rule 9016, Federal Rules of Bankruptcy Procedure:


command a person to attend a trial, hearing, or deposition only as follows:

(A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or


(i) is a party or a party's officer; or (ii) is commanded to attend a trial and would not incur

substantial expense. (2) For Other Discovery. A subpoena may command: (A) production of documents, electronically stored information,

or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and

(B) inspection of premises at the premises to be inspected. (d) PROTECTING A PERSON SUBJECT TO A SUBPOENA; ENFORCEMENT.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate sanction—which may include lost earnings and reasonable attorney's fees—on a party or attorney who fails to comply.

(2) Command to Produce Materials or Permit Inspection. (A) Appearance Not Required. A person commanded to

produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.

(B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises—or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply:

(i) At any time, on notice to the commanded person, the serving party may move the court for the district where compliance is required for an order compelling production or inspection.

(ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party's officer from significant expense resulting from compliance.


where compliance is required must quash or modify a subpoena that:

(i) fails to allow a reasonable time to comply; (ii) requires a person to comply beyond the geographical limits


if no exception or waiver applies; or (iv) subjects a person to undue burden. (B) When Permitted. To protect a person subject to or affected

by a subpoena, the court for the district where compliance is required may, on motion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research, development, or commercial information; or

(ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by a party.

(C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(d)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party:


(ii) ensures that the subpoenaed person will be reasonably compensated. (e) DUTIES IN RESPONDING TO A SUBPOENA.

(1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information:

(A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand.

(B) Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.

(C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form.

(D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection. (A) Information Withheld. A person withholding subpoenaed

information under a claim that it is privileged or subject to protection as trial-preparation material must:

(i) expressly make the claim; and (ii) describe the nature of the withheld documents,

communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim.

(B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information under seal to the court for the district where compliance is required for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved. (g) CONTEMPT. The court for the district where compliance is required — and also, after a motion is transferred, the issuing court — may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena or an order related to it. 45(c)(3)(A)(ii)


EXHIBIT A

Order Granting the Ex Parte Application for Examination of the Custodian of Records of Lincoln International Pursuant to Fed. R. Bankr. P. 2004


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Case No.: 20-11016-mkn Chapter 11 LEAD CASE ORDER GRANTING EX PARTE APPLICATION FOR EXAMINATION OF THE CUSTODIAN OF RECORDS OF LINCOLN INTERNATIONAL PURSUANT TO FED. R. BANKR. P. 2004 Examination Date: April 24, 2020 Examination Time: 2:30 p.m. Jointly Administered with:












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Upon the Ex Parte Application for Examination of Lincoln International. Pursuant to Fed.

R. Bankr. P. 2004 (“Ex Parte Application”) filed by the Official Committee of Unsecured

Creditors for Alpha Guardian, et al. (the “Committee”), and good cause appearing therefor;


Custodian of Records (the “Custodian”) for Lincoln International (“Lincoln”) shall appear for an



take place at the law offices of Pokorny & Marks, LLC, 6 West Hubbard Street, Suite 200,



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Chicago, Illinois 60654, (312) 540-4971, or at another mutually agreeable location1, and may be

recorded by stenographic and/or videographic means. The examination may continue from day

to day until completed.

IT IS HEREBY FURTHER ORDERED that the Custodian for Lincoln be prepared to

testify at the 2004 examination concerning Lincoln’s documents which are produced by it.



P. 9016.






4834-0479-2761, v. 1












EXHIBIT B

DEFINITIONS


apply:



























Chapter 11 Cases of In re Alpha Guardian, et al., BK-20-11016-MKN (Bankr. D. Nev. 2020)

(Lead Case), and shall include anyone acting on their behalf, over whom they have control, or

which is, or may be subrogated to their interests, including, without limitation, any officer, agent,

servant, employee, attorney, insurance company, investigator, independent adjusting company,

affiliate, subsidiary, or other person or entity.























11. “Lincoln International” shall mean that certain investment bank and financial

services company and shall include anyone acting on its behalf, over whom it has control, or

which is, or may be subrogated to its interests, including, without limitation, any officer, agent,

servant, employee, attorney, insurance company, investigator, independent adjusting company,

affiliate, subsidiary, or other person or entity.


February 7, 2020 between Bravo and the Original Lenders to the Credit Agreement.





including Barings.





16. “Stack-On Group” mean, collectively, Stack-On and Remline.

17. “You” or “Your” means Lincoln International.


MidOcean and Baker.

INSTRUCTIONS























Request.


writing.


















24, 2016 and February 24, 2020.










redacted area.


1. Documents and communications relating to retention of Lincoln International by

any individual or entity, including but not limited to Bravo, Baker, Original Lenders, and


Debtors, in connection with the MidOcean acquisition of the Stack-On Group.

2. All documents and communications Concerning the MidOcean acquisition of the

Stack-On Group.

3. All documents and communications Concerning the 2017 Merger.

4. All documents and communications Concerning the Credit Agreement.


Debtors.


EXHIBIT C

DECLARATION OF CUSTODIAN OF RECORDS OF LINCOLN INTERNATIONAL LLC





2. On or about ____________________, 2020, Lincoln International LLC

(“LINCOLN”) was served with a Subpoena For Rule 2004 Examination (the “Subpoena”) in the

case of In Re: Alpha Guardian, a Nevada Corporation, Lead Case No.: 20-11016-mkn, calling

for the production of records in said matter.


a. ______ I am the (job title) of LINCOLN, and I am

authorized to execute this declaration on LINCOLN’S behalf. LINCOLN does not have

any documents that are responsive to the Subpoena.

b. ______ I am the (job title) of LINCOLN. To the best

of my knowledge, I have made or caused to be made true and exact copies of all of the

records in LINCOLN’S possession that are responsive to the Subpoena and the

reproductions of those records were produced by LINCOLN on

_____________________, 2020.



person with knowledge, in the course of a regularly-conducted activity of LINCOLN.

// //








Executed on ____________, 2020.

LINCOLN INTERNATIONAL LLC

By: __________________________

Its: __________________________

4851-1169-6570, v. 1


Exhibit 11







To: MidOcean Partners IV LP






PLACE:

Brown Rudnick LLP

Seven Times Square

New York, NY 10036

DATE AND TIME:

April 24, 2020 at 3:00 p.m.





and Documents to be Produced), and Exhibit C (the Declaration of Custodian of Records of MidOcean Partners

IV LP).




not doing so.





DATE

April 13, 2020





[email protected]










PROOF OF SERVICE




__________________________________________________________________________________________

________________________________________ on (date) _________________________; or


__________________________________________________________________________________________



$ _______________________ .



Date: ______________________ ___________________________________


___________________________________


___________________________________

Server’s address















ENFORCEMENT.







































compensated.






































to it.

45(c)(3)(A)(ii)





EXHIBIT A

Order Granting the Ex Parte Application for Examination of the Custodian of Records of MidOcean Partners IV LP Pursuant to Fed. R. Bankr. P. 2004


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Cathrine M. Castaldi, Esq. Max Schlan, Esq. BROWN RUDNICK LLP 2211 Michelson Dr., Seventh Floor Irvine, CA 92612 Telephone: (949) 752-7100 [email protected] [email protected]

Ryan J. Works, Esq. (NSBN 9224) Sallie B. Armstrong, Esq. (NSBN 1243) Amanda M. Perach, Esq. (NSBN 12399) McDONALD CARANO LLP 2300 West Sahara Avenue, Suite 1200 Las Vegas, Nevada 89102 Telephone: (702) 873-4100 [email protected] [email protected] [email protected]

Proposed Counsel for Official Committee of Unsecured Creditors for Alpha Guardian, et al.



In re:

ALPHA GUARDIAN, A Nevada Corporation,



LEAD CASE

ORDER GRANTING EX PARTE APPLICATION FOR EXAMINATION OF THE CUSTODIAN OF RECORDS OF MIDOCEAN PARTNERS IV LP PURSUANT TO FED. R. BANKR. P. 2004

Examination Date: April 24, 2020 Examination Time: 3:00 p.m.

Jointly Administered with:












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Upon the Ex Parte Application for Examination of MidOcean Partners IV LP Pursuant to

Fed. R. Bankr. P. 2004 (“Ex Parte Application”) filed by the Official Committee of Unsecured



Custodian of Records (the “Custodian”) for MidOcean Partners IV LP (“MidOcean”) shall appear

for an examination pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure on April

24, 2020 at 3:00 p.m. Pacific Time, or other mutually agreeable date and time. The examination

will take place at the law offices of Brown Rudnick LLP, Seven Times Square, New York, NY



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10036, (212) 209-4969, or at another mutually agreeable location1, and may be recorded by


completed.

IT IS HEREBY FURTHER ORDERED that the Custodian for MidOcean be prepared

to testify at the 2004 examination concerning MidOcean’s documents which are produced by it.



P. 9016.






4819-1411-0905, v. 1












EXHIBIT B

DEFINITIONS


apply:


agent and lender to the Credit Agreement.



























its members and affiliates, and shall include anyone acting on their behalf, over whom they have

control, or which is, or may be subrogated to their interests, including, without limitation, any

officer, agent, servant, employee, attorney, insurance company, investigator, independent

adjusting company, affiliate, subsidiary, or other person or entity.



including Barings.






16. “You” or “Your” means MidOcean.


MidOcean and Baker.

INSTRUCTIONS























Request.


writing.


















24, 2016 and February 24, 2020.










redacted area.

DOCUMENT REQUESTS



analyses, tax returns, balance sheet statements, and related financial statements.




Group.

















Debtors.


EXHIBIT C


MIDOCEAN PARTNERS IV LP





2. On or about ____________________, 2020, MIDOCEAN PARTNERS IV LP

(“MIDOCEAN”) was served with a Subpoena For Rule 2004 Examination (the “Subpoena”) in




a. ______ I am the (job title) of MIDOCEAN, and I am

authorized to execute this declaration on MIDOCEAN’S behalf. MIDOCEAN does not


b. ______ I am the (job title) of MIDOCEAN. To the


the records in MIDOCEAN’S possession that are responsive to the Subpoena and the

reproductions of those records were produced by MIDOCEAN on

_____________________, 2020.



person with knowledge, in the course of a regularly-conducted activity of MIDOCEAN.

//

//








Executed on ____________, 2020.

MIDOCEAN PARTNERS IV LP

By: __________________________

Its: __________________________

4840-8887-6218, v. 1


Exhibit 12







To: Barings Finance LLC






PLACE:

Pokorny & Marks, LLC

6 West Hubbard Street, Suite 200

Chicago, Illinois 60654

DATE AND TIME:

April 24, 2020 at 3:30 p.m.





and Documents to be Produced), and Exhibit C (the Declaration of Custodian of Records of Barings Finance

LLC).




not doing so.





DATE

April 13, 2020





[email protected]










PROOF OF SERVICE




__________________________________________________________________________________________

________________________________________ on (date) _________________________; or


__________________________________________________________________________________________



$ _______________________ .



Date: ______________________ ___________________________________


___________________________________


___________________________________

Server’s address















ENFORCEMENT.







































compensated.






































to it.

45(c)(3)(A)(ii)





EXHIBIT A

Order Granting the Ex Parte Application for Examination of the Custodian of Records of Barings Finance LLC Pursuant to Fed. R. Bankr. P. 2004


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Case No.: 20-11016-mkn Chapter 11 LEAD CASE ORDER GRANTING EX PARTE APPLICATION FOR EXAMINATION OF THE CUSTODIAN OF RECORDS OF BARINGS FINANCE, LLC PURSUANT TO FED. R. BANKR. P. 2004 Examination Date: April 24, 2020 Examination Time: 3:30 p.m. Jointly Administered with:












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Upon the Ex Parte Application for Examination of Barings Finance, LLC Pursuant to Fed.

R. Bankr. P. 2004 (“Ex Parte Application”) filed by the Official Committee of Unsecured



Custodian of Records (the “Custodian”) for Barings Finance, LLC (“Barings”) shall appear for an



take place at the law offices of Pokorny & Marks, LLC, 6 West Hubbard Street, Suite 200,



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Chicago, Illinois 60654, (312) 540-4971, or at another mutually agreeable location1, and may be

recorded by stenographic and/or videographic means. The examination may continue from day

to day until completed.

IT IS HEREBY FURTHER ORDERED that the Custodian for Barings be prepared to

testify at the 2004 examination concerning Barings’s documents which are produced by it.



P. 9016.






4836-6012-1017, v. 1












EXHIBIT B

DEFINITIONS


apply:


agent and lender to the Credit Agreement, and shall include anyone acting on their behalf, over

whom they have control, or which is, or may be subrogated to their interests, including, without

limitation, any officer, agent, servant, employee, attorney, insurance company, investigator,

independent adjusting company, affiliate, subsidiary, or other person or entity.






























including Barings.






16. “You” or “Your” means Barings.


MidOcean and Baker.

INSTRUCTIONS























Request.


writing.


















24, 2016 and February 24, 2020.










redacted area.




analyses, tax returns, balance sheet statements, and related financial statements.




Group.



















Debtors.


EXHIBIT C


BARINGS FINANCE LLC





2. On or about ____________________, 2020, Barings Finance LLC (“BARINGS”)

was served with a Subpoena For Rule 2004 Examination (the “Subpoena”) in the case of In Re:

Alpha Guardian, a Nevada Corporation, Lead Case No.: 20-11016-mkn, calling for the

production of records in said matter.


a. ______ I am the (job title) of BARINGS, and I am

authorized to execute this declaration on BARINGS’ behalf. BARINGS does not have

any documents that are responsive to the Subpoena.

b. ______ I am the (job title) of BARINGS. To the best

of my knowledge, I have made or caused to be made true and exact copies of all of the

records in BARINGS’ possession that are responsive to the Subpoena and the

reproductions of those records were produced by BARINGS on

_____________________, 2020.



person with knowledge, in the course of a regularly-conducted activity of BARINGS.

//

//








Executed on ____________, 2020.

BARINGS FINANCE LLC

By: __________________________

Its: __________________________

4816-2177-3498, v. 1


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