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scion

07/26/10 9:13 PM

#327106 RE: scion #327104

STATEMENT OF INTEREST OF AMICUS CURIAE

This amicus brief is being respectfully submitted on behalf of over seventy equity shareholders of Spongetech Delivery Systems, Inc. to offer their perspective on the issue before the Court. For these equity holders, an overwhelming concern exists regarding the perceived conflicts of interest of the appointed trustee S. Gregory Hays. More importantly, these equity holders are alarmed by the failures of Mr. Hays and the United States Trustee to disclose to the court relevant information pertaining to Mr. Hays’ disinterestedness prior to the entry of the Order appointing him as trustee. In light of the irreparable harm that creditors and equity holders could endure from a hidden agenda, the court is urged to reconsider its approval of Mr. Hays as trustee over the debtor and appoint a party mutually acceptable to the debtor and creditors alike.


07/26/2010 56 Memorandum of Law Amicus Brief filed by W. Darrell Whitley on behalf of Several Shareholders. (Attachments: # 1 Exhibit A# 2 Exhibit B-H# 3 Exhibit I-P) (Whitley, W.) (Entered: 07/26/2010)

Doc 56 PDF file
http://viewer.zoho.com/docs/gqq9e
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scion

07/26/10 9:26 PM

#327113 RE: scion #327104

And To the Twenty Largest Creditors of Spongetech Delivery Systems, Inc.:

Name
Fax#s

Tampa Bay Buccaneers
813-876-2089

Queens Ballpark Company, LLC
718-507-6395

Vanity Events
212-695-5869


Arizona Diamondbacks
602-462-6600

MSG
212-465-6365

Brown Rudnick
212-209-4801

The New York Football Giants
201-939-5275

WFAN-AM
212-608-7266

Chicago Bears Football Club
847-272-0098

Gersten Savage LLP
212-980-5192

ANC Sports Enterprises, LLC
914-696-2101

Bobcats Basketball, LLC
704-688-8725

Sportsnet New York
212-485-4803

Cleveland Cavaliers
216-420-2239

Washington Redskins
703-726-7486

Duane Morris
314-432-6842

New York Islanders
516-501-6762

Rogers Media Inc.
416-341-1442

Cleveland Browns
440-891-5009

Houston Texans
832-553-7701

07/26/2010 56 Memorandum of Law Amicus Brief filed by W. Darrell Whitley on behalf of Several Shareholders. (Attachments: # 1 Exhibit A# 2 Exhibit B-H# 3 Exhibit I-P) (Whitley, W.) (Entered: 07/26/2010)

Doc 56 PDF file
http://viewer.zoho.com/docs/gqq9e
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pantherj

07/26/10 9:29 PM

#327114 RE: scion #327104

Well written. but it still seems pretty weak to me. The questions that arise in my mind are:

A) Just how much did Mr. Whitley have invested?

B) Was he the recipient of any unregistered shares that he did not purchase on the open, market?

C) What is his connection with Furth, Hess, & Moskowitz or other insiders.
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big lug

07/29/10 6:18 PM

#327479 RE: scion #327104

Very well written

Big Lug