SUPPLEMENTAL CERTIFICATE OF SERVICE Exhibit A Notice of (I ...

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA

JACKSONVILLE DIVISION www.flmb.uscourts.gov

In re:

STEIN MART, INC.0F

1

STEIN MART BUYING CORP.

STEIN MART HOLDING CORP.,

Debtors.

Chapter 11

Case No. 20-02387

Case No. 20-02388

Case No. 20-02389

Jointly Administered

SUPPLEMENTAL CERTIFICATE OF SERVICE

I, Serina Tran, depose and say that I am employed by Stretto, the claims and noticing agent for the Debtors in the above-captioned cases.

On February 17, 2021, at my direction and under my supervision, employees of Stretto caused the following document to be served via first-class mail on the service list attached hereto as Exhibit A, pursuant to USPS forwarding instructions:

• Notice of (I) Conditionally Approval of the Disclosure Statement and (II) Combined Hearing to Consider Final Approval of the Disclosure Statement and Confirmation of the Plan and the Objection Deadline Related Thereto (attached hereto as Exhibit B)

Dated: February 19, 2021 /s/ Serina Tran

Serina Tran STRETTO 410 Exchange, Suite 100 Irvine, CA 92602

800.634.7734 [email protected]

1 The tax identification numbers of the Debtors are as follows: Stein Mart, Inc. 6198; Stein Mart Buying Corp. 1114; and Stein Mart Holding Corp. 0492. The address of the Debtors’ principal offices: 1200 Riverplace Blvd., Jacksonville, FL 32207. The Debtors’ claims agent maintains a website, https://cases.stretto.com/SteinMart, which provides copies of the Debtors’ first day pleadings and other information related to the case.

Case 3:20-bk-02387-JAF Doc 923 Filed 02/19/21 Page 1 of 24

http://www.flmb.uscourts.gov/

https://cases.stretto.com/SteinMart

Exhibit A


Exhibit AServed Via First-Class Mail

Name Attention Address 1 Address 2 City State ZipAaliyah Williams Address RedactedAaron Andrew Amick Address RedactedAbirr Khatib Address RedactedAcacia Vancil Address RedactedAddison Neese Address RedactedAdquette Blue Address RedactedAdriana Bohorquez Acosta Address RedactedAdriane Jones Address RedactedAdrianne Brazzle Address RedactedAdrienne Mcintosh Address RedactedAileen Tran Address RedactedAisha Williams Address RedactedAki Randolph Address RedactedAleaha Rutherford Address RedactedAlecia Fields Address RedactedAlex Wenzel Address RedactedAlexa Eichenauer Address RedactedAlexa Turnbough Address RedactedAlexandra Dampier Address RedactedAlexandra Harris Address RedactedAlexandra Marrero Address RedactedAlexandra Meier Address RedactedAlexandria Brooks Address RedactedAlexandria Grabe Address RedactedAlexandria Ross Address RedactedAlexia Jackson-Hudson Address RedactedAlexis Bailey Address RedactedAlicia Brown Address RedactedAlicia Tobin Address RedactedAlina Rosa Address RedactedAlis Haghverdi Address RedactedAllison Phillips Address RedactedAllison Trevino Address RedactedAllysia Handy Address RedactedAlona Luna Address RedactedAlondra Gonzalez Address RedactedAlyssa Fajardo Address RedactedAlyssa Guzman Address RedactedAlyssa Jimenez Address Redacted

Stein Mart Inc., et al.Case No. 20-02387 (JAF) Page 1 of 14



Name Attention Address 1 Address 2 City State ZipAmanda Anders Address RedactedAmanda Dison Address RedactedAmanda Langford Address RedactedAmanda Nisson Address RedactedAmanda Soler Address RedactedAmaris Hall Address RedactedAmber Ledford Address RedactedAmie Bradley Address RedactedAmilia Thompson Address RedactedAmy Battin Address RedactedAmy Lovely Address RedactedAmy Miller Address RedactedAna Villareal Zevada Address RedactedAnabel Martinez-Sori Address RedactedAndrea Davis Address RedactedAndrea Gustaff Address RedactedAndrew Eccles Address RedactedAndrew Lovato Address RedactedAngela Cole Address RedactedAngela Davis Address RedactedAngela Hernandez Address RedactedAngela Hull Address RedactedAngeles Almaraz Address RedactedAngelica Davenport Address RedactedAngelica Gavrilov Address RedactedAngelica Smith Address RedactedAngelina Nix Address RedactedAnn Phillips Address RedactedAnn Whiteside Address RedactedAnna Brand Address RedactedAnna Rhodes Address RedactedAnnalise Manchester Address RedactedAnne Menard Address RedactedAntayzia Henderson Address RedactedAnthony Borman Address RedactedAnthony Hernaez Address RedactedAnthony Switek Address RedactedAntonio Menchaca Address RedactedAntonio Sampaio Address Redacted




Name Attention Address 1 Address 2 City State ZipApoua Suesue Address RedactedApril Garner Address RedactedApril London Address RedactedApril Osijo-Tarlton Address RedactedApril Williams Address RedactedAraceli Padron Address RedactedArieanna Ridgeway Address RedactedArnetta Harvey Address RedactedArnette Williams-Mitchell Address RedactedAshley Allen Address RedactedAshley Hansen Address RedactedAshley Lund Address RedactedAshley Markley Address RedactedAshley Moreno Address RedactedAster Elfe Address RedactedAura Gotera Address RedactedAustin Baker Address RedactedAutumn Kierzyk Address RedactedAzita Karbasiun Address RedactedBailey James Address RedactedBan Ahmed Address RedactedBarbara Coleman Address RedactedBarbara Dell Address RedactedBarbara Krantzler Address RedactedBarbara Lamberti Address RedactedBarbara Looby Address RedactedBarbara Moss Address RedactedBarbara Ramirez Address RedactedBecky Weatherby Address RedactedBerta Barraza Address RedactedBessae Aqrawi Address RedactedBeth Barone Address RedactedBetsy Harrisberger Address RedactedBetsy Newman Address RedactedBeverley Wekar Address RedactedBeverly Hill Address RedactedBeverly Melone Address RedactedBonnie Swindall Address RedactedBradley Davis Address Redacted




Name Attention Address 1 Address 2 City State ZipBrandon Meshell Address RedactedBrandy Carraway Address RedactedBreeana Thompson Address RedactedBrenda Bennett Address RedactedBrenda Fiedler Address RedactedBrenda Murray Address RedactedBrenda Taylor Address RedactedBrenna Martin Address RedactedBreyana Canete Address RedactedBrianna Case Address RedactedBrianna Clark Address RedactedBrianna Porter Address RedactedBridgette Farmer Address RedactedBritney Abner Address RedactedBrittanie Summers Address RedactedBrittany Mims Address RedactedBrittney Wilson Address RedactedBryan Rothschild Address RedactedBryan Woods Address RedactedByria Brown Address RedactedCaitlin Jones Address RedactedCaitlyn Ellerbrock Address RedactedCamerron Demerson Address RedactedCameryn Fairley Address RedactedCamille Koss Address RedactedCaren Phillips Address RedactedCarin Sheptin Address RedactedCarinthia Edwards Address RedactedCarmen Dokell Address RedactedCarmen Juneau Address RedactedCarmen Molina Address RedactedCarol Blandino Address RedactedCarol Courter Address RedactedCarol Erwin Address RedactedCarol Harrison Address RedactedCarol Merrifield Address RedactedCarol Roden Address RedactedCarole Morris Address RedactedCarolina Newman Address Redacted




Name Attention Address 1 Address 2 City State ZipCarolyn Cutler Address RedactedCarrigan Cox Address RedactedCarrissa Bearse Address RedactedCasandra Scott Address RedactedCasey Filipovich Address RedactedCassandra Slay Address RedactedCatherine Evchich Address RedactedCatherine Smith Address RedactedCeleste Thomas Address RedactedChait Mindi Address RedactedChalon Franklin Address RedactedChance Brown Address RedactedChanel Watkins Address RedactedCharity Michael Address RedactedCharity Sargent Address RedactedCharlene Surrett Address RedactedCharles Meyers Address RedactedChasity Tippitt Address RedactedChauncy Douglas Address RedactedChawnee Gulick Address RedactedChayan Babri Address RedactedCheree Womack Address RedactedChester Smith Address RedactedCheyenne Wells Address RedactedChina Render Address RedactedChiquena Bennett Address RedactedChloe Cyr Address RedactedChloe Rocamora Address RedactedChris Melrose Address RedactedChristina Qualls Address RedactedChristina Romo Address RedactedChristina Tayman Address RedactedChristina Uszal Address RedactedChristine Hurayt Address RedactedChristine Morton Address RedactedChristine Orzel Address RedactedChristine Sjoden Address RedactedChristopher Bolin Address RedactedChristopher Himebauch Address Redacted




Name Attention Address 1 Address 2 City State ZipChristopher Mayfield Address RedactedChristopher Schaefer Address RedactedChristopher Thomas Address RedactedChristopher Totten Address RedactedChristy Crow Address RedactedChun Sok Address RedactedCindy Adams Address RedactedCion Conerly Address RedactedCipriana Montemayor Address RedactedCiprianna Arevalo Address RedactedClaire Koning Address RedactedClaire Vaughn Address RedactedClaye Bermudez Address RedactedCody Johnson Address RedactedCole Angela Address RedactedConnor Cooper Address RedactedConnor Garrity Address RedactedConstance R. Slager Address RedactedCora Richard Address RedactedCornelia Gates Address RedactedCortland Williams Address RedactedCourtney Piper Address RedactedCourtney Randall Address RedactedCrystal Alfred Address RedactedCynthia Barnhill Address RedactedCynthia Benson Address RedactedCynthia Moavero Address RedactedCynthia Sipek Address RedactedCynthia Smith Address RedactedCynthia Turner Address RedactedCynthia Wick Address RedactedDahlia Dent Address RedactedDakota Merriman Address RedactedDakota Watkins Address RedactedDaksha Desai Address RedactedDamaris Padron Address RedactedDanica Westbrook Address RedactedDaniel Schmidt Address RedactedDanielle Cantu Address Redacted




Name Attention Address 1 Address 2 City State ZipDanielle Jones Address RedactedDanielle Katalbas Address RedactedDanielle Mathis Address RedactedDanielle Mayhew Address RedactedDanielle Zavala Address RedactedDanyelle Overstreet Address RedactedDaphna Desroches Address RedactedDaphne Alvarez Address RedactedDaphne Stacks Address RedactedDaquita Ross Address RedactedDarice Nicolas Address RedactedDarla Alfaro Address RedactedDarren Fox Address RedactedDashondra Tillman Address RedactedDavid Doherty Address RedactedDavid Ferguson Address RedactedDavid Jacobs Address RedactedDavid Loomis-Price Address RedactedDavid Stokes Address RedactedDavid Wiegand Address RedactedDawn Breland Address RedactedDawn Flanigan Address RedactedDawn Ford Address RedactedDawn Moler Address RedactedDawn Pena Address RedactedDawn Tellis Address RedactedDawn Vitalis Address RedactedDawn Watts Address RedactedDayle Stamand Address RedactedDean Celli Address RedactedDeanna Conley Address RedactedDebbie Cash Address RedactedDeborah Coy Address RedactedDeborah Kissel Address RedactedDeborah Parker Address RedactedDeborah Wells Address RedactedDeborah Wilkinson Address RedactedDebra Devaney Address RedactedDebra Jarrett Address Redacted




Name Attention Address 1 Address 2 City State ZipDebra Jelen Address RedactedDebra Knous Address RedactedDebra Lacy Address RedactedDebra Ozier Address RedactedDebra Sullivan Address RedactedDeidra Stead Address RedactedDe'Jhana Shingle Address RedactedDelaney Eidson Address RedactedDelbert Moten Address RedactedDelois Schemel Address RedactedDemetrius Mclaurin Address RedactedDemira Dimitrova Address RedactedDenisha Murphy Address RedactedDennis Bell Address RedactedDennise Alvarez Address RedactedDenzel Clark Address RedactedDesirae Harris Address RedactedDestiny Guillen Address RedactedDeval Patel Address RedactedDevin Herrera Address RedactedDewanshi Patel Address RedactedDiana Duvall Address RedactedDiana Ibarra Address RedactedDiane Daniels Address RedactedDiane Henry Address RedactedDiane Hyland Address RedactedDiann Williams Address RedactedDianne Reuter Address RedactedDijana Porobic Address RedactedDipanwita Samanta Address RedactedDominique Murphy Address RedactedDominique Muse Address RedactedDonald Netzel Address RedactedDonisha Claiborne Address RedactedDonna Dugger Address RedactedDonna Medlin Address RedactedDonna Sewell Address RedactedDoreen Oswald Address RedactedDoris Natal Address Redacted




Name Attention Address 1 Address 2 City State ZipDorothy Brown Address RedactedDorothy Lorence Address RedactedDouglas Mcneil Address RedactedDragana Ramic Address RedactedDreonna Blanton Address RedactedDrew Geralds Address RedactedDynisha Davis Address RedactedEdgardo Torres Towers Electric 39249 Leopard St # A105 Palm Desert CA 92211-1146Edna Tichai Address RedactedEduardo Maeda Address RedactedEerie Allen Address RedactedElanna Mills Address RedactedElena Dworschak Address RedactedElexis Myers Address RedactedElijah Torres Address RedactedElisabeth Hassenboehler Address RedactedElissa Collins Address RedactedEliza Abrigo Address RedactedElizabeth Austin Address RedactedElizabeth Carter Address RedactedElizabeth Chambers Address RedactedElizabeth Dryden Address RedactedElizabeth Dzenis Address RedactedElizabeth Galla Address RedactedElizabeth Grusecki Address RedactedElizabeth Hafler Address RedactedElizabeth Nehme Address RedactedEmila Zefaj Address RedactedEmili Hall Address RedactedEmily Felix Address RedactedEmone Johnson Address RedactedEnergy And Impact Solutions LLC Vero Glass And Mirror 1705 Old Dixie Hwy Vero Beach FL 32960-3658Envisage Group 450 W 31st St Fl 3 New York NY 10001-4607Eric Verdin Address RedactedErica Owen Address RedactedErica Simmons Address RedactedErin Harris Address RedactedEsmeralda Hernandez Address RedactedEtta Austin Address Redacted




Name Attention Address 1 Address 2 City State ZipEugenia Hodges Address RedactedEva Kitzmiller Address RedactedEvan Belyeu Address RedactedEvelyn Yow Address RedactedFansean Gray Address RedactedFate, Inc General Business Credit 110 E 9th St Ste C900 Los Angeles CA 90079-5902Fatinah Curry Address RedactedFelicia Blackwood Address RedactedFelicia Shepard Address RedactedFinly Williamson Address RedactedFiqirete Hysa Address RedactedFlor Talavera Address RedactedFrances Acreman Address RedactedFrank Gay Plumbing 3763 Mercy Star Ct Orlando FL 32808-4654Freda Hill Address RedactedFreddrick Lang Jr Address RedactedFructuoso Guajardo, Jr. Address RedactedGabriel De Leon Address RedactedGabriella Cocco Address RedactedGabriella Lopez Address RedactedGabrielle Phelps Address RedactedGale Hyatt Address RedactedGary Brown Address RedactedGayla Gibson Address RedactedGenevieve Goolesby Address RedactedGenliscia Edwards Address RedactedGeorgena Guerrero Address RedactedGeorgia Kaden Address RedactedGilbert Guerra Address RedactedGina Lamas Address RedactedGina Lombardo Address RedactedGiselle Rodriguez Address RedactedGlobal Amici 8996 Miramar Rd Ste 304 San Diego CA 92126-4463Govino, LLC PMB 730 2975 Harbor Blvd Costa Mesa CA 92626-3912Graciella Brandt Address RedactedGregory Hazard Address RedactedGregory Kleffner Address RedactedGregory Stewart Address RedactedGriselda Beltran Address Redacted




Name Attention Address 1 Address 2 City State ZipGrusecki Elizabeth Address RedactedGulick Chawnee Address RedactedGus Simoes Address RedactedGwendolyn Laizer Address RedactedHaili Beattie Address RedactedHaley Cooper Address RedactedHaley Smith Address RedactedHaley Tine Address RedactedHali Cooke Address RedactedHalima Mullings Address RedactedHana Bandealy Address RedactedHannah Clark Address RedactedHannah Griffin Address RedactedHannah Mcnaughton Address RedactedHawkins, David H Address RedactedHeather Barnard Address RedactedHeather Gau Address RedactedHeather Green Address RedactedHeather Marcel Address RedactedHeather Sharoian Address RedactedHenni Ramo Address RedactedHolly Dale Address RedactedHolly Fields Address RedactedIan Lessard Address RedactedIla Black Address RedactedIlias Alafris Address RedactedImelda Salvacion Address RedactedIreland Jarvis Address RedactedIsabel Ojeda Address RedactedIsabella Antonia Tapia Address RedactedIsabella Coyle Address RedactedIshanteria Roberson Address RedactedJack Borsack Address RedactedJackie Altamirano Address RedactedJackie Miller Address RedactedJacob Johanni Address RedactedJacqulynn Martin Address RedactedJada Thompson Address RedactedJaime Bartel Address Redacted




Name Attention Address 1 Address 2 City State ZipJames A. Rickard Address RedactedJames Millsaps Address RedactedJames Rickard Address RedactedJamie Ross Address RedactedJan Lockett Address RedactedJane Anderson Address RedactedJane White Address RedactedJanessa Ramirez Address RedactedJanet Broughton Address RedactedJaney Tabares Address RedactedJanice Cobian Address RedactedJanice Fuller Address RedactedJanice Mcmillan Address RedactedJanice Mcmullen Address RedactedJanine Ramsey Address RedactedJanis Mancuso Address RedactedJanna Conn Address RedactedJared Jenkins Address RedactedJasmine Brooks Address RedactedJasmine Burns Address RedactedJasmine Figueroa Address RedactedJasmine Ford Address RedactedJasmine White Address RedactedJason Dickerson Address RedactedJason Watson Address RedactedJay Stein Address RedactedJayden Feliciano Address RedactedJayden Stadler Address RedactedJaylene Velasquez Address RedactedJenesse Kallman Address RedactedJennifer Call Address RedactedJennifer Champion Address RedactedJennifer Drank Address RedactedJennifer Laroche Address RedactedJennifer Mccormick Address RedactedJennifer Romero Address RedactedJerrell Williams Address RedactedJesse Mckay Address RedactedJesse Stroud Address Redacted




Name Attention Address 1 Address 2 City State ZipJessica Kerr, P.A. 100 S Biscayne Blvd # 3122 Miami FL 33131-2011Jessica Pioquinto Address RedactedJessica Raygoza Address RedactedJessica Seidel Address RedactedJessica Valentin Address RedactedJessica Wheeler Address RedactedJessikah Collins Address RedactedJill Hanoka Address RedactedJoan Haupt Address RedactedJoan Stapleton Address RedactedJoann Harmening Address RedactedJoann Valadez Address RedactedJoanna Lopez Address RedactedJoanna Musgrove Address RedactedJoanna Waterman Address RedactedJoanne Wilson Address RedactedJodominque Martinez Address RedactedJohn Blandino Address RedactedJohn Green Address RedactedJohn Isaac Jr Address RedactedJohn Thomas Address RedactedJohnson County, KS Attn: Consumer Protection Division District Attorney's Office 150 W Santa Fe St Olathe KS 66061-3272Jolene Holdaway Address RedactedJon Hummel Address RedactedJone Coates Address RedactedJordan Whitehead Address RedactedJose Saldana Address RedactedJoseph Adkins Address RedactedJoseph Penaflor Address RedactedJoseph Thomas Address RedactedJosephine Hyams Address RedactedJoshua Donald Address RedactedJoshua Epperson Address RedactedJoshua Murphy Address RedactedJoshua Packard Address RedactedJoshua Rottschaefer Address RedactedJoshua Wood Address RedactedJoy Brown Address RedactedJoy Murray Address Redacted




Name Attention Address 1 Address 2 City State ZipJoyce Killian Address RedactedJ'Syiah Green Address RedactedJudith Collins Address RedactedKarlene Marino Address RedactedLatrina Dent Address RedactedLenore Jennings Address RedactedLynette Jones Address RedactedMaria Chavez-Caceres Address RedactedRebecka Bletz Address RedactedRobert Staples Address RedactedSheri Scott Address RedactedStephanie Mccollum Address RedactedTerrie Pudak Address RedactedU'Von Ash Address Redacted



Exhibit B


UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA

JACKSONVILLE DIVISION www.flmb.uscourts.gov

IN RE STEIN MART, INC.1 STEIN MART BUYING CORP. STEIN MART HOLDING CORP.,

Debtors.

Chapter 11 Case No. 3:20-bk-2387 Jointly Administered with Case No. 3:20-bk-2388 Case No. 3:20-bk-2389

NOTICE OF (I) CONDITIONALLY APPROVAL OF THE DISCLOSURE STATEMENT AND (II)

COMBINED HEARING TO CONSIDERAL FINAL APPROVAL OF THE DISCLOSURE STATEMENT AND CONFIRMATION OF THE PLAN AND THE OBJECTION DEADLINE RELATED THERETO

TO ALL PARTIES IN INTEREST, PLEASE TAKE NOTICE THAT:

1. Filing of the Disclosure Statement and Plan. On January 21, 2021, the above-captioned debtors and debtors in possession (the “Debtors”) filed the Disclosure Statement for the Debtors’ Combined Plan of Liquidation [Docket No. 849] (as amended from time to time and including all exhibits and supplements thereto, the “Disclosure Statement”) and the Debtors’ Combined Plan of Liquidation [Docket No. 848] (as may be amended, supplemented or modified, including all exhibits thereto, the “Plan”).2

1 The tax identification numbers of the Debtors are as follows: Stein Mart, Inc. 6198; Stein Mart Buying Corp. 1114; and Stein Mart Holding Corp. 0492. The address of the Debtors’ principal offices: 1200 Riverplace Blvd., Jacksonville, FL 32207. The Debtors’ claims agent maintains a website, https://cases.stretto.com/SteinMart, which provides copies of the Debtors’ first day pleadings and other information related to the case.

2 Capitalized terms used but not otherwise defined herein have the meanings given to them in the Plan or Disclosure Statement, as applicable. The statements contained herein are summaries of the provisions contained in the Plan and Disclosure Statement and do not purport to be precise or complete statements of all the terms and provisions of the Plan or documents referred therein. If there is a discrepancy between the terms herein and the Plan or Disclosure Statement, the Plan or Disclosure Statement, as applicable, shall govern and control. For a more detailed description of the Plan, please refer to the Disclosure Statement.


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2. Interim Bankruptcy Court Approval of the Disclosure Statement and the Notice Procedures. On January 19, 2021, the United States Bankruptcy Court for the Middle District of Florida (the “Bankruptcy Court”) entered an order [Docket No. 853] (the “Conditional Approval and Procedures Order”) approving, among other things, the Disclosure Statement on a conditional basis and authorizing the Debtors to provide notice of their intent to seek confirmation of the Plan pursuant to certain procedures set forth therein, including the solicitation of votes to accept or reject the Plan. The Bankruptcy Court’s conditional approval of the Disclosure Statement does not indicate approval of the Plan by the Bankruptcy Court.

3. The Combined Hearing. A combined hearing to consider final approval of the Disclosure Statement and confirm the Plan (the “Combined Hearing”) will commence on March 11, 2021 at 11:00 a.m. (prevailing Eastern Time) before the Honorable Jerry A. Funk, Chief United States Bankruptcy Judge, in Bryan Simpson United States Courthouse, 300 N. Hogan Street, Suite 3-150, Jacksonville, Florida 32202. Attendance at the hearing may be through Court Call by making arrangements as follows: telephonic appearances must be arranged by contacting CourtCall on its website at www.courtcall.com or by telephone at 1-866-582-6878 or 1-888-882-6878. Parties wishing to use CourtCall must register individually with CourtCall prior to the hearing and provide a payment method for the CourtCall charge, which varies. Generally, registration must be completed by 5:00 p.m. (prevailing Eastern Time) the day before the hearing. Please be advised that the Combined Hearing may be continued from time to time by the Bankruptcy Court or the Debtors without further notice other than by such adjournment being announced in open court or by a notice of adjournment filed with the Bankruptcy Court and served on parties entitled to notice under Bankruptcy Rule 2002 and the Local Rules or otherwise. In accordance with the Plan, the Plan may be modified, if necessary, prior to, during, or as a result of the Combined Hearing by further action of the Debtors and without further notice to or action, order, or approval of the Bankruptcy Court or any other Entity.

4. Objections to Final Approval of the Disclosure Statement and Confirmation of the Plan. The Bankruptcy Court has established March 2, 2021 at 4:00 p.m. (prevailing Eastern Time), as the last date and time for filing and serving objections to the adequacy of the information in the Disclosure Statement and to confirmation of the Plan (the “Objection Deadline”). Any objection to the final approval of the Disclosure Statement and confirmation of the Plan must (a) be in writing, (b) conform to the Bankruptcy Rules and the Local Rules, (c) state the name and address of the objecting party and the amount and nature of the Claim or Interest of such Entity, (d) state with particularity the basis and nature of any objection to the Disclosure Statement, the Plan and, if practicable, a proposed modification to the Plan that would resolve such objection, and (e) be filed with the Clerk of the Bankruptcy Court, Bryan Simpson United States Courthouse, 300 N. Hogan Street, Suite 3-150, Jacksonville, Florida 32202, and served on the following: (i) counsel for the Debtors, Foley & Lardner LLP (Attn: Gardner F. Davis), 1 Independent Drive, Suite 1300, Jacksonville, FL 32202-5017, and Mark J. Wolfson 100 North Tampa Street, Suite 2700, Tampa, FL 33602) (ii) counsel for the Committee, (iii) Frost Brown Todd LLC, 301 East Fourth Street, Suite 3300, Cincinnati, OH 45202 (Attn: Ronald E. Gold, Esq. and Douglas L. Lutz, Esq.), and Gray Robinson PA, 333 S.E. 2nd Avenue, Suite 3200, Miami, Florida 33131 (Attn: Steven J. Solomon, Esq.); (iii) counsel for Wells Fargo Bank, National Association: (a) Otterbourg P.C., 230 Park Avenue, New York, NY 10169, Attn: Daniel F. Fiorillo, Esq. and Chad B. Simon, Esq; and (b) Smith Hulsey & Busey, One Independent Drive, Suite 3300, Jacksonville, Florida 32202 (Attn: Stephen D. Busey); (iv) counsel for Gordon Brothers Finance Company LLC (a) Morgan, Lewis & Bockius LLP, One Federal St., Boston, MA 02110-1726, Attn: Julia Frost-Davies, Esq., Matthew F. Furlong, Esq. and Christopher L. Carter and (b) Holland & Knight LLP, 50 North Laura Street, Suite 3900, Jacksonville, Florida 32202, Attn: Alan Weiss, Esq.


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5. The following chart summarizes the classification and treatment of Claims and Interests under the Plan:

Class Claim / Interest Estimated Allowed Claims Treatment Estimated Recovery

1 Other Secured Claims Less than $1 million Unimpaired – Deemed to Accept

100%

2 Other Priority Claims $3 million to $12 million Unimpaired –

Deemed to Accept 100%

3 Letter of Credit Claims $0 to $0 Unimpaired –

Deemed to Accept 100%

4 ABL Claims Principal and interest due to ABL Lender has been paid in full; ABL Lender’s attorneys’ fees likely to be only outstanding ABL Claim; estimated to be $250,000

Unimpaired – Deemed to Accept

100%

5 Term Loan Claims Principal and interest due to Term Lender has been paid in full; Term Lender’s attorneys’ fees likely to be only outstanding ABL Claim; estimated to be $250,000

Unimpaired – Deemed to Accept

100%

6 General Unsecured Claims

$217 million to $421 million Impaired – Entitled to Vote 0% to 8.3%

7 Intercompany Claims N/A Impaired – Deemed to Reject

0%

8 Intercompany Interests N/A Impaired – Deemed

to Reject 0%

9 Existing Interests N/A Impaired – Deemed

to Reject 0%

10 Section 510(b) Claims N/A Impaired – Deemed

to Reject 0%

6. Voting Procedures. Holders of Class 6 Claims as of January 15, 2021 (the “Record Date”) are entitled to vote to accept or reject the Plan. If you hold such a Claim, you will receive a solicitation package which shall include, among other things, a copy of (i) this Notice, (ii) the Plan (on a disk in PDF format), (iii) the Disclosure Statement (on a disk in PDF format), and (iv) a ballot. Please review the ballot and the instructions included therewith for how to vote on the Plan. Failure to follow the voting instructions may disqualify your vote. Please be advised that the Holders of Class 6 Claims are the only holders of Claims or Interests that are entitled to vote on the Plan.

7. Voting Deadline. The deadline to vote on the Plan is March 4, 2021, at 4:00 pm (prevailing Eastern Time) (the “Voting Deadline”). The Debtors’ notice, claims, and balloting agent, Stretto (the “Balloting Agent” or “Stretto”), must receive your ballot with an original signature by the Voting Deadline, otherwise your vote will not be counted. In order for your Ballot to count, unless voting through Stretto’s online portal (as described on each Ballot), you must (1) properly complete, date, and execute the Ballot and (2) deliver the Ballot by (a) first class mail, in the return envelope provided with each Ballot; (b) overnight courier; or (c) hand-delivery so that such Ballot is actually received by the Balloting Agent on or before the Voting Deadline.


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8. Directions to Obtain the Plan Documents and Make Inquiries. If you have not received copies of the Plan, the Disclosure Statement, the Conditional Approval and Procedures Order (the “Plan Documents”) and wish to obtain copies of the same, you may do so by: (a) accessing the Debtors’ chapter 11 case website at cases.stretto.com/SteinMart; (b) writing to Stretto at Stein Mart Inc., et al., Ballot Processing, c/o Stretto, 410 Exchange, Suite 100, Irvine, CA 92602, (c) calling Stretto at (855) 941-0662 (Domestic) or (949) 570-9829 (International); (iv) emailing Stretto at [email protected]; and/or (v) visiting (for a fee) PACER at http://www.njb.uscourts.gov.

9. Settlement, Release, Exculpation, and Injunction Language in the Plan. Please be advised that Article VIII of the Plan, as proposed, contains the following exculpation, releases, and injunction provisions:

Article VIII.C Releases by the Debtors

Pursuant to section 1123(b) of the Bankruptcy Code, for good and valuable consideration, the adequacy of which is hereby confirmed, on and after the Effective Date, each Released Party is deemed to be hereby conclusively, absolutely, irrevocably, and forever released by each and all of the Debtors, the Wind-Down Debtors, and their Estates, in each case on behalf of themselves and their respective successors, assigns, and representatives, and any and all other Entities who may purport to assert any Cause of Action, directly or derivatively, by, through, for, or because of the foregoing Entities, from any and all Claims, obligations, rights, suits, damages, Causes of Action, remedies, and liabilities whatsoever, including any derivative claims, asserted or assertable on behalf of any of the Debtors, the Wind-Down Debtors, or their Estates, as applicable, whether known or unknown, foreseen or unforeseen, matured or unmatured, existing or hereinafter arising, in law, equity, contract, tort, statute or otherwise, that the Debtors, the Wind-Down Debtors, or their Estates or affiliates would have been legally entitled to assert in their own right (whether individually or collectively) or on behalf of the Holder of any Claim against, or Interest in, a Debtor or other Entity, based on or relating to, or in any manner arising from, in whole or in part, the Debtors, the prepetition management and operation of the Debtors, the Debtors’ efforts to maximize shareholder value, including efforts to sell the Debtors prior to the Petition Date and raise additional capital prior to the Petition Date, Stein Mart’s prepetition merger agreement, the purchase, sale, or rescission of the purchase or sale of any security of the Debtors or the Wind-Down Debtors, the subject matter of, or the transactions or events giving rise to, any Claim or Interest that is treated in the Plan, the business or contractual arrangements between any Debtor and any Released Party, the Debtors’ in- or out-of-court restructuring efforts, intercompany transactions, the Debtors’ capital structure, management, the Debtors’ board of directors, ownership, or operation thereof, the ABL Loan Documents or Term Loan Documents or any draws thereunder, the Cash Collateral Order, the sale and marketing process, the Store Closing Sales, the Wind Down, the Chapter 11 Cases, the formulation, preparation, dissemination, negotiation, filing, or consummation of the Disclosure Statement, the Plan, or any contract, instrument, release, or other agreement or document created or entered into in connection with the Disclosure Statement, or the Plan, the filing of the Chapter 11 Cases, the pursuit of Confirmation, the pursuit of Consummation, the administration and implementation of the Plan, including the issuance or distribution of funds pursuant to the Plan, or the distribution of property under the Plan or any other related agreement, or upon any other related act or omission, transaction, agreement, event, or other occurrence taking place on or before the Effective Date or relating to any of the forgoing.

As of the Effective Date, the Debtors, the Wind-Down Debtors, and the Plan Administrator, on behalf of themselves and each Estate, shall release any and all Avoidance Actions solely against: (i) any Holder of a Claim; or (ii) any Released Party. The Debtors, the Wind-Down Debtors, the Plan Administrator, and any of their successors or assigns, and any Entity acting on behalf of the Debtors, the Wind-Down Debtors, or the Plan Administrator shall be deemed to have waived the right to pursue Avoidance Actions solely against: (i) any Holder of a Claim; or (ii) any Released Party. All Avoidance Actions are preserved against any parties not specifically released herein or by prior order of this Court.

Entry of the Confirmation Order shall constitute the Bankruptcy Court’s approval, pursuant to Bankruptcy Rule 9019, of the releases described in this Article VIII by the Debtors, which includes by reference each of the related provisions and definitions contained in this Plan, and further, shall constitute the Bankruptcy Court’s finding that each release described in this Article VIII is: (1) in exchange for the good and valuable consideration provided by the Released Parties, (2) a good-faith settlement and compromise of such Claims; (3) in the best interests of the


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Debtors and all Holders of Claims and Interests; (4) fair, equitable, and reasonable; (5) given and made after due notice and opportunity for hearing; and (6) a bar to any of the Debtors or Wind-Down Debtors or their respective Estates asserting any claim, Cause of Action, or liability related thereto, of any kind whatsoever, against any of the Released Parties or their property.

Notwithstanding anything contained herein to the contrary, the foregoing release does not release (i) any obligations of any party under the Plan or any document, instrument, or agreement executed to implement the Plan, including the obligations of the ABL Agent and ABL Lenders set forth in the ABL Stipulation, (ii) the rights of the Debtors with respect to any confidentiality provisions or covenants restricting competition in favor of the Debtors under any employment agreement with a current or former employee of the Debtors, or (iii) the rights of Holders of Allowed Claims or Interests to receive distributions under the Plan.

In an effort to reach a consensual chapter 11 plan, the Debtors’ professionals and Committee’s professionals agreed to a process allowing the Committee to investigate whether any viable claims exist against any current or former director or officer of the Debtors. The investigation focused primarily on: (i) the financial and operational stress that the Debtors were experiencing prior to the Petition Date; (ii) the failed merger with Kingswood and the conduct of Jay Stein in connection with the merger; (iii) insider transactions during the four years prior to the Petition Date; and (iv) whether or not the chapter 11 bankruptcy filing could have been avoided. In connection with the investigation, the Committee requested and reviewed many documents including, but not limited to: (i) the minutes of the Board of Directors and its sub-committees from 2015 to present; (ii) various presentations presented to the Board of Directors by investment bankers and financial advisors including Alvarez and Marsal, PJ Solomon, and Clear Thinking Group; (iii) merger documents; (iv) filings made by Stein Mart with the SEC; (v) historical financial reporting data; (vi) corporate policies related to ethics and/or insider trading and (vii) relevant press releases and corporate memos. Throughout the course of the investigation, the Committee’s professionals: (a) received and reviewed responsive documents; (b) reviewed SEC filings made by the Debtors during the lookback period of four (4) years prior to the Petition Date; (c) interviewed Lead Independent Director, Richard Sisisky on December 21, 2020; (d) interviewed Hunt Hawkins on December 31, 2020; (e) interviewed the Chairman of the Audit Committee, Irwin Cohen on January 4, 2021; and (f) discussed class actions filed against the Debtors in the spring of 2020 related to the failed merger. Based on the facts derived from the investigation, the Committee’s professionals analyzed the viability of the following potential claims against any current or former director or officer of the Debtors. Based on the Committee’s investigation and analysis of the facts and applicable law, the Committee consents to and does not oppose the Debtors’ release, the third party release, and the Exculpation provisions set forth herein.

Article VIII.D Third-Party Releases

Except as otherwise expressly set forth in the Plan or the Confirmation Order, on and after the Effective Date, in exchange for good and valuable consideration, the adequacy of which is hereby confirmed, including the obligations of the Debtors under the Plan and the contributions of the Released Parties to facilitate and implement the Plan, to the fullest extent permissible under applicable law, as such law may be extended or integrated after the Effective Date, each of the Releasing Parties shall be deemed to have conclusively, absolutely, unconditionally, irrevocably, and forever, released each Debtor, Wind-Down Debtor, and Released Party from any and all any and all Claims, interests, obligations, rights, suits, damages, Causes of Action, remedies, and liabilities whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, existing or hereinafter arising, in law, equity, contract, tort, statute or otherwise, including any derivative claims, asserted or assertable on behalf of any of the Debtors, the Wind-Down Debtors, or their Estates, that such Entity would have been legally entitled to assert (whether individually or collectively), based on or relating to, or in any manner arising from, in whole or in part, the Debtors, the prepetition management and operation of the Debtors, the Debtors’ efforts to maximize shareholder value, including efforts to sell the Debtors prior to bankruptcy and raise additional capital prepetition, Stein Mart’s prepetition merger agreement, the purchase, sale, or rescission of the purchase or sale of any security of the Debtors or the Wind-Down Debtors, the subject matter of, or the transactions or events giving rise to, any Claim or Interest that is treated in the Plan, the business or contractual arrangements between any Debtor and any Released Party, the Debtors’ in- or out-of-court restructuring efforts, intercompany transactions, the Debtors’ capital structure, management, the Debtors’ board of directors, ownership, or operation thereof, the ABL Loan Documents or Term Loan Documents or any draws thereunder, the Cash Collateral Order, the sale and marketing process, the Store Closing Sales, the Wind Down, the Chapter 11 Cases, the formulation, preparation, dissemination, negotiation,


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filing, or consummation of the Disclosure Statement, the Plan, or any contract, instrument, release, or other agreement or document created or entered into in connection with the Disclosure Statement, or the Plan, the filing of the Chapter 11 Cases, the pursuit of Confirmation, the pursuit of Consummation, the administration and implementation of the Plan, including the issuance or distribution of securities pursuant to the Plan, or the distribution of property under the Plan or any other related agreement, or upon any other related act or omission, transaction, agreement, event, or other occurrence taking place on or before the Effective Date or relating to any of the forgoing.

Entry of the Confirmation Order shall constitute the Bankruptcy Court’s approval, pursuant to Bankruptcy Rule 9019, of the releases described in this Article VIII, which includes by reference each of the related provisions and definitions contained in this Plan, and further, shall constitute the Bankruptcy Court’s finding that each release described in this Article VIII is: (1) in exchange for the good and valuable consideration provided by the Released Parties, (2) a good-faith settlement and compromise of such Claims; (3) in the best interests of the Debtors and all Holders of Claims and Interests; (4) fair, equitable, and reasonable; (5) given and made after due notice and opportunity for hearing; and (6) an absolute and complete bar to any of the Debtors or Wind-Down Debtors or their respective Estates conveying direct or derivative standing to any person or entity to pursue any claim, Causes of Action or liability against any Released Party, or asserting any claim, Causes of Action, or liability related thereto, of any kind whatsoever, against any of the Released Parties or their property.

Notwithstanding anything contained herein to the contrary, the foregoing release does not release (i) any obligations of any party under the Plan or any document, instrument, or agreement executed to implement the Plan, including the obligations of the ABL Agent and ABL Lenders set forth in the ABL Stipulation, (ii) any claims related to any act or omission that is determined in a Final Order to have constituted actual fraud, (iii) the rights of the Debtors with respect to any confidentiality provisions or covenants restricting competition in favor of the Debtors under any employment agreement with a current or former employee of the Debtors, or (iv) the rights of Holders of Allowed Claims or Interests to receive distributions under the Plan.

Article VIII.E Exculpation

Notwithstanding anything herein to the contrary, the Exculpated Parties shall neither have nor incur, and each Exculpated Party is released and exculpated from, any liability to any Holder of a Cause of Action, Claim, or Interest for any postpetition act or omission in connection with, relating to, or arising out of, the Chapter 11 Cases, the formulation, preparation, dissemination, negotiation, filing, or consummation of the Disclosure Statement, the Plan, or any contract, instrument, release or other agreement or document created or entered into in connection with the Disclosure Statement or the Plan, the filing of the Chapter 11 Cases, the pursuit of Confirmation, the pursuit of Consummation, the administration and implementation of the Plan, including the distribution of property under the Plan (whether or not such issuance or distribution occurs following the Effective Date), negotiations regarding or concerning any of the foregoing, or the administration of the Plan or property to be distributed hereunder, except for actions determined by a Final Order to have constituted actual fraud, but in all respects such Entities shall be entitled to reasonably rely upon the advice of counsel with respect to their duties and responsibilities pursuant to the Plan. The Exculpated Parties have, and upon completion of the Plan shall be deemed to have, participated in good faith and in compliance with the applicable laws with regard to the solicitation of votes and distribution of consideration pursuant to the Plan and, therefore, are not, and on account of such distributions shall not be, liable at any time for the violation of any applicable Law, rule, or regulation governing the solicitation of acceptances or rejections of the Plan or such distributions made pursuant to the Plan.

Article VIII.F Injunction

Except as otherwise expressly provided in the Plan or for obligations issued or required to be paid pursuant to the Plan or the Confirmation Order, an Entities who have held, hold, or may hold Claims or Interests that have been released, satisfied, or are subject to exculpation are permanently enjoined, from and after the Effective Date, from taking any of the following actions against, as applicable, the Debtors, the Wind- Down Debtors, the Exculpated Parties, or the Released Parties: (1) commencing or continuing in any manner any action or other proceeding of any kind on account of or in connection with or with respect to any such Claims or Interests; (2) enforcing, attaching, collecting, or recovering by any manner or means any judgment, award, decree, or order against such Entities on account of or in connection with or with respect to any such Claims or Interests; (3) creating,


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perfecting, or enforcing any encumbrance of any kind against such Entities or the property or the estates of such Entities on account of or in connection with or with respect to any such Claims or Interests; (4) asserting any right of setoff, subrogation, or recoupment of any kind against any obligation due from such Entities or against the property of such Entities on account of or in connection with or with respect to any such Claims or Interests unless such Holder has Filed a motion requesting the right to perform such setoff on or before the Effective Date, and notwithstanding an indication of a Claim or Interest or otherwise that such Holder asserts, has, or intends to preserve any right of setoff pursuant to applicable law or otherwise; and (5) commencing or continuing in any manner any action or other proceeding of any kind on account of or in connection with or with respect to any such Claims or Interests released or settled pursuant to the Plan.

Upon entry of the Confirmation Order, all Holders of Claims and Interests and their respective current and former employees, agents, officers, directors, principals, and direct and indirect affiliates shall be enjoined from taking any actions to interfere with the implementation or Consummation of the Plan. Each Holder of an Allowed Claim or Allowed Interest, as applicable, by accepting, or being eligible to accept, distributions under or Reinstatement of such Claim or Interest, as applicable, pursuant to the Plan, shall be deemed to have consented to the injunction provisions set forth in this Article VIII.F of the Plan.

YOU ARE ADVISED TO CAREFULLY REVIEW AND CONSIDER THE PLAN, INCLUDING THE RELEASES, EXCULPATION, AND INJUNCTION PROVISIONS, AS YOUR RIGHTS MIGHT BE AFFECTED.


Date post:	26-Jan-2022
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