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SEC Filings

COSI INC filed this Form 8-K on 02/13/2017
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22.          The Debtors will utilize the standard “shareholder notice” measures for public companies in order to provide notice of the relief requested in this Motion to holders of shares of Common Stock.  Specifically, within four (4) business days of filing this Motion, the Debtors will file a Current Report on Form 8-K with the SEC.  This is the method by which public companies, including the Debtors, typically communicate information with shareholders in a consistent and cost-effective manner.7

23.          The Debtors request that this Court determine that notice to shareholders by this method be deemed sufficient and that the notice requirements be deemed satisfied.

24.          The Debtors will continue to be available to address shareholder inquiries related to this Motion or the Debtors’ bankruptcy cases generally.

WHEREFORE, for the reasons set forth herein, the Debtors respectfully request that this Court enter an Order substantially in the form attached hereto: (i) approving the Settlement Agreement among Cosi and the Franchisee Parties as it is in the best interest of the Debtors’ estates and (ii) granting such other and further relief as is just under the circumstances.

Respectfully submitted,
By their counsel,
/s/ Kate P. Foley
Joseph H. Baldiga, BBO #549963
Christine E. Devine, BBO #566990
Kate P. Foley, BBO #682548
Mirick, O’Connell, DeMallie & Lougee, llp
1800 West Park Drive, Suite 400
Westborough, MA 01581-3926
Phone:  (508) 898-1501
Fax:      (508) 898-1502
Dated:  February 7, 2017

The Debtors estimate that the estates would likely incur costs in the range of approximately $20,000 - $25,000 in order to mail a copy of this Motion to all shareholders.  The Debtors believe that expense is unwarranted.

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