Case MFW Doc 168 Filed 09/04/14 Page 1 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

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1 Case MFW Doc 168 Filed 09/04/14 Page 1 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11 Phoenix Payment Systems, Inc., Case No (MFW Debtor. Re: Docket Nos. 11, 95 & 126 Obj. Deadline: Sept. 18, 2014 at 4:00 p.m. (EDT SUPPLEMENTAL NOTICE OF EXECUTORY CONTRACTS AND UNEXPIRED LEASES WHICH MAY BE ASSUMED AND ASSIGNED, PURSUANT TO SECTION 365 OF THE BANKRUPTCY CODE, IN CONNECTION WITH THE SALE OF SUBSTANTIALLY ALL OF THE DEBTOR S ASSETS AND THE PROPOSED CURE AMOUNTS WITH RESPECT THERETO PLEASE TAKE NOTICE THAT: 1. On August 4, 2014, the above captioned debtor and debtor in possession (the Debtor filed the Debtor s Motion to (A Establish Bidding Procedures Related to the Sale of Substantially All of the Debtor s Assets, Approve Related Bid Protections and Establish Notice Procedures for Determining Cure Amounts, and (B Approve the Sale of Substantially All of the Debtor s Assets and Assume and Assign Certain Executory Contracts and Unexpired Leases [Docket No. 11] (the Motion 1 with the United States Bankruptcy Court for the District of Delaware (the Bankruptcy Court, 824 N. Market Street, 3 rd Floor, Wilmington, Delaware On August 26, 2014, the Bankruptcy Court entered an order [Docket No. 95] (i establishing bidding and auction procedures in connection with the sale of substantially all of the Debtor s assets (the Purchased Assets ; (ii approving bid protections, including a break-up fee and expense reimbursement, for EPX Acquisition Company, LLC (the Proposed Purchaser, which is an affiliate of North American Bancard, LLC, in accordance with that certain Asset Purchase Agreement, dated July 31, 2014 (the Stalking Horse Agreement, for the purchase of the Purchased Assets; (iii scheduling an auction (the Auction and setting a date and time for a sale hearing (the Sale Hearing for the sale of the Purchased Assets (the Sale, and approving the form and manner of notice thereof; (iv establishing procedures (the Cure Procedures for the assumption and assignment of contracts ( Contracts and leases ( Leases, including notice of proposed cure amounts (the Cure Amounts ; and (v granting certain related relief. By the Motion, the Debtor further requests that, at the Sale Hearing, subject to the results of the Auction, the Court enter an order (i approving and authorizing the Sale; and (ii authorizing the assumption and assignment of the Contracts and Leases. 1 Capitalized terms not otherwise defined herein shall have the meanings given to them in the Motion. For a copy of the Motion, please visit the website of the Debtor s claims and noticing agent, Rust Consulting/Omni Bankruptcy,

2 Case MFW Doc 168 Filed 09/04/14 Page 2 of 3 3. On August 29, 2014, the Debtor filed the Notice of Executory Contracts and Unexpired Leases Which May Be Assumed and Assigned, Pursuant to Section 365 of the Bankruptcy Code, in Connection with the Sale of Substantially All of the Debtor s assets and the Proposed Cure Amounts with Respect Thereto [Docket No. 126] (the Cure Notice 4. In accordance with the Cure Procedures, the Debtor is hereby supplementing the Cure Notice and delivering this notice (the Supplemental Cure Notice identifying (i (a those additional Contracts and Leases which may be assumed by the Debtor and assigned as part of the Sale or (b additional information relating to the Contracts and Leases listed in the Cure Notice; and (ii the proposed cure amount (the Cure Amount for each Contract and Lease identified on the Supplemental Cure Notice. 5. You have been identified as a party to a Contract or Lease that the Debtor may seek to assume and assign as part of the Sale. The Contract or Lease with respect to which you have been identified as a non-debtor counterparty, and the corresponding proposed Cure Amount, if any, has been set forth on Exhibit 1 attached hereto. 6. Subject to the last sentence of paragraph 7 below, objections, if any, to the proposed Cure Amount or the assumption and assignment of any Contract or Lease listed on the Supplemental Cure Notice must be made in writing, filed with the Bankruptcy Court, 824 N. Market Street, 3rd Floor, Wilmington, Delaware 19801, and served so as to be received by the following parties on or before 4:00 p.m. (prevailing Eastern Time on September 18, 2014 (the Cure Objection Deadline : (i the Debtor s counsel, Richards, Layton & Finger, P.A., One Rodney Square, 920 N. King Street, Wilmington, Delaware (Attn: Mark D. Collins and Russell C. Silberglied; (ii the Debtor, 1201 N. Market Street, Wilmington, Delaware (Attn: Michael E. Jacoby; (iii counsel to the Proposed Purchaser, (a Berkowitz, Trager & Trager, LLC, 8 Wright Street, Westport, Connecticut (Attn: David A. Greenberg and (b Young, Conaway, Stargatt & Taylor, LLP, Rodney Square, 1000 North King Street, Wilmington, Delaware (Attn: Joseph M. Barry; (iv counsel to the Bancorp Bank ( Bancorp, Foley & Lardner LLP, 90 Park Avenue, New York, NY (Attn: Douglas E. Spelfogel and Richard J. Bernard; (v proposed counsel to the Creditors Committee, Lowenstein Sandler LLP, 65 Livingston Avenue, Roseland, NJ (Attn: Sharon L. Levine and Wojciech F. Jung; and (vi the Office of the United States Trustee for the District of Delaware, 844 King Street, Suite 2207, Lockbox 35, Wilmington, Delaware (Attn: Benjamin A. Hackman (collectively, the Notice Parties. The objection must set forth (i the basis for the objection, (ii the exact amount the party asserts as the Cure Amount, and (iii sufficient documentation to support the Cure Amount alleged. 7. Adequate assurance information for the Proposed Purchaser is available by contacting counsel to the Proposed Purchaser, (i Berkowitz, Trager & Trager, LLC, 8 Wright Street, Westport, Connecticut (Attn: David A. Greenberg and (ii Young, Conaway, Stargatt & Taylor, LLP, Rodney Square, 1000 North King Street, Wilmington, Delaware (Attn: Joseph M. Barry. Any non-debtor party to a Contract or Lease listed on Exhibit 1 hereto that wishes to object to the Proposed Purchaser s ability to provide adequate assurance of future performance, must file such objection by the Cure Objection Deadline and serve such objection on the Notice Parties so that such objection is actually received by such parties by such deadline. If the Winning Bidder is not the Proposed Purchaser, any non-debtor party to a Contract or Lease 2

3 Case MFW Doc 168 Filed 09/04/14 Page 3 of 3 listed on Exhibit 1 hereto that wishes to object to such Winning Bidder s ability to provide adequate assurance of future performance may do so at the Sale Hearing. 8. If an objection is timely filed or made, as applicable, by the applicable objection deadline, a hearing with respect to such objection will be held before The Honorable Mary F. Walrath, United States Bankruptcy Judge, at the Bankruptcy Court, 824 N. Market Street, 5th Floor, Courtroom 4, Wilmington, Delaware 19801, at the Sale Hearing, which is scheduled for September 23, 2014 at 10:30 a.m. (prevailing Eastern Time, or at a later hearing, as determined by the Debtor, subject to the Bankruptcy Court s calendar. A hearing regarding the Cure Amount, if any, may be continued at the sole discretion of the Debtor. 9. UNLESS YOU FILE AN OBJECTION TO THE CURE AMOUNT AND/OR THE ASSUMPTION OR ASSIGNMENT OF YOUR CONTRACT OR LEASE IN ACCORDANCE WITH THE INSTRUCTIONS AND DEADLINES SET FORTH HEREIN, YOU SHALL BE (A BARRED FROM OBJECTING TO THE CURE AMOUNT SET FORTH ON EXHIBIT 1, (B ESTOPPED FROM ASSERTING OR CLAIMING ANY CURE AMOUNT AGAINST THE DEBTOR, BANCORP, THE WINNING BIDDER OR ANY OTHER ASSIGNEE OF THE RELEVANT CONTRACT OR LEASE THAT IS GREATER THAN THE CURE AMOUNT SET FORTH ON EXHIBIT 1 AND (C DEEMED TO HAVE CONSENTED TO THE ASSUMPTION AND/OR ASSIGNMENT OF YOUR CONTRACT OR LEASE (SUBJECT TO YOUR ABILITY TO OBJECT TO WHETHER THE WINNING BIDDER (OTHER THAN THE PROPOSED PURCHASER CAN PROVIDE ADEQUATE ASSURANCE OF FUTURE PERFORMANCE. 10. The presence of a Contract or Lease listed on Exhibit 1 attached hereto does not constitute an admission that such contract or lease is an executory contract or unexpired lease or that such contract or lease will be assumed and assigned as part of the Sale. The Debtor reserves all of its rights, claims and causes of action with respect to the Contracts and Leases listed on Exhibit 1 attached hereto. Date: September 4, 2014 Wilmington, Delaware RICHARDS, LAYTON & FINGER, P.A. /s/ Marisa A. Terranova Mark D. Collins (No Russell C. Silberglied (No Paul N. Heath (No Zachary I. Shapiro (No N. King Street Wilmington, Delaware Telephone: Facsimile: collins@rlf.com silberglied@rlf.com heath@rlf.com shapiro@rlf.com Counsel for the Debtor and Debtor in Possession 3

4 Case MFW Doc Filed 09/04/14 Page 1 of 2 EXHIBIT 1 Schedule of Contracts, Leases and Cure Amounts

5 Case MFW Doc Filed 09/04/14 Page 2 of 2 CREDITOR ADDRESS1 ADDRESS2 ADDRESS3 DESCRIPTION Cure Amount Advantage Micro Group 150 S Camino Seco Ste 118 Tucson, AZ Service Contract for Avast Antivirus $0.00 Digital Warehouse 989 Avenue of Americas 12th Floor New York, NY Service Contract for SmartNet # , $0.00 ebusinessmantra PO Box 943 Norton, MA Service Contract for Acunetix $0.00 Expert Plan PO Box New York, NY k Administrator $0.00 Highmark Delaware BCBS Spending Account PO Box Pittsburgh PA Spending Account $0.00 Highmark Delaware Group BCBS PO Box Pittsburgh PA Health Insurance $0.00 Insight 6820 S. Hart Ave. Tempe, AZ Fatpipe Support Service Contract $0.00 Insight 6820 S. Hart Ave. Tempe, AZ HP Day One Contract for Production Servers and Disk Subsytems $0.00 Insight 6820 S. Hart Ave. Tempe, AZ Kemp Load Balancing Support Contract $0.00 Insight 6820 S. Hart Ave. Tempe, AZ NetApp Support (AZNTAPCA, AZANTAPCB, DENTAPCA $0.00 Insight 6820 S. Hart Ave. Tempe, AZ NetApp Support (AZNTAPCC, AZNTAPCD $0.00 Insight PO Box Dallas, TX Windows 7 Professional Desktop Operating system $0.00 Insight PO Box Dallas, TX Windows 2008 Data Center Standard Server Operating system Data Center Class $0.00 Insight PO Box Dallas, TX Windows 2008 Server Server Operating system Standard Server Class $0.00 Insight PO Box Dallas, TX Windows 2003 Server Server Operating system Standard Server Class $0.00 Intercept, Inc Holcomb Bridge Road, Suite 200 Norcross, GA Settlement Agreement and Mutual Release $0.00 IPS Solutions, LLC Spear Tower, Suite 700 One Market Street San Francisco, CA Settlement Agreement and Mutual Release $0.00 John Hancock 197 Claredon St. Boston, MA Term Life Insurance Policy #0114 on Raymond Moyer $0.00 Lexcel Solutions, Inc N. Scottsdale Blvd., Suite 360 Scottsdale, AZ Confidential Settlement Agreement and Mutual Release $0.00 Lexcel, Inc N. Scottsdale Blvd., Suite 360 Scottsdale, AZ Confidential Settlement Agreement and Mutual Release $0.00 Met Life PO Box Kansas City, MO Dental $0.00 MetLife Vol Disability PO Box Philadelphia, PA Disability $0.00 MSDN Valencia, CA Dallas, TX MSDN Developer Software Bundles Subcription $0.00 New England Life Insurance Company PO Box 7250 Johnstown, PA Term Life Insurance Policy #8710 on Alec Dollarhide $0.00 Oracle PO Box Dallas, TX Oracle Linux Support Contract # $0.00 Oracle PO Box Dallas, TX Oracle Repository Subscriptions (2 $0.00 Oracle PO Box Dallas, TX Oracle Software Update License & Support (63660 AZ $0.00 Oracle PO Box Dallas, TX Oracle Software Update License & Support (63660 DR $0.00 Oracle PO Box Dallas, TX Goldengate Update License & Support (63660 $0.00 Oracle PO Box Dallas, TX Processor Perpetual $0.00 Oracle PO Box Dallas, TX Software Update License and Support (5/31/13 5/30/14 $0.00 Oracle PO Box Dallas, TX Software Update License and Support (9/22/13 9/21/14 $0.00 Oracle Support Services PO Box Dallas, TX Technical Support Services and Benefits $0.00 Prime Pay 1487 Dunwoody Drive West Chester, PA Payroll Proccessing $0.00 Protegrity Corporation 5 High Ridge Park Road Stamford, CT Settlement and Patent License Agreement $0.00 SHI 290 Davidson Ave. Somerset, NJ Tenable Nessus Subscription $0.00 SHI 1301 South Mo Pac Expressway, Suite 375 Austin, TX Vault Professional Maintenance $0.00 SHI 290 Davidson Ave Somerset NJ Marlin: Fishbowl Software $0.00 SHI 290 Davidson Ave Somerset NJ Office 2010 Software Suite: Outlook, MS word, Execl,etc $0.00 SHI 290 Davidson Ave Somerset, NJ Windows 7 Ultimate Desktop Operating system $0.00 Sun Life PO Box Philadelphia, PA Life, Disability, STD and LTD $0.00 Unum Provident PO Box Atlanta GA Optional Life $0.00 Vision Benefits of America PO Box Pittsburgh PA Vision Plan $0.00 Page 1 of 1