Free Affidavit - District Court of Delaware - Delaware

Case 1:04-cv—00407-Gl\/IS Document 68 Filed 03/15/2007 Pagel of4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re Civil Action No. O4-407 (GMS)
BROADBAND OFFICE, INC., Bankruptcy Case No. 01-172 (GMS)
Debtor. Chapter 11
BROADBAND OFFICE, INC.,
Plaintifi
vs.
TECHNOLOGY CREDIT CORPORATIO
d/b/a EXTREME NETWORKS CREDIT
CORPORATION, EXTREME NETWORKS,
INC., and KEY EQUIPMENT FINANCE,
INC. f/k/a KEY CORPORATE CAPITAL,
INC. f/k/a LEASTEC CORPORATION
Defendants.
AFFIDAVIT OF RICARDO PALACIO IN SUPPORT OF
DEFENDANT EXTREME NETWORKS, INC.'S
MOTION FOR SUMMARY JUDGMENT
I, Ricardo Palacio, declare and say as follows:
1. I am an attorney at the law firm of Ashby & Geddes, co-counsel for Extreme
Networks, Inc. ("Extreme Networks") in the above-captioned proceeding. I make this
declaration of my personal knowledge, and if called upon to testify to the matters stated herein, I
could and would do so competently.
2. I make this declaration in support of Extreme Networks' Motion for Summary
Judgment under F ed.R.Civ.P. 56.
3. Attached to the Appendix of Evidence in Support of Defendant Extreme
Networks, Inc.'s Motion for Summary Judgment ("Appendix"), filed concurrently herewith, as
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Exhibit A is a true and correct copy of pertinent excerpts of the transcript of the Deposition of
James Hartigan.
4. Attached to the Appendix as Exhibit B is a true and correct copy of pertinent
excerpts of the transcript of the Deposition of Richard Salhany.
5. Attached to the Appendix as Exhibit C is a true and correct copy of the
Agreement for the Purchase of Equipment, dated June 9, 1999, nmnbered TCC00346 through
TCC00356, as produced by Technology Credit Corporation ("TCC").
6. Attached to the Appendix as Exhibit D is a true and correct copy of the Fictitious
Business Name statements filed by TCC, numbered TCC00317 through TCC00320, as produced
by TCC.
7. Attached to the Appendix as Exhibit E is a true and correct copy of the Master
Lease Agreement dated March 9, 2000, with schedules, numbered BBO-225, 226, 1, 2, 3, 260,
261, 262, 21, 22, 23, 128, 129, 130, 138, 139, 140, 147, 148, 149, 150, 151, 152 and 153, as
produced by Broadband Office, Inc. ("BBO").
8. Attached to the Appendix as Exhibit F is a tme and correct copy of the Proof of
Claim of Key Equipment Finance, dated June 21, 2001, as filed in In re Broadband Ojice, Inc.
9. Attached to the Appendix as Exhibit G is a true and correct copy of certain Bills
of Sale, numbered BBO-91, 204, 126, 136, 145 and 160, as produced by BBO.
10. Attached to the Appendix as Exhibit H is a true and correct copy of certain Bills
of Sale and Assignments, numbered BBO-92, 203, 125, 219, 144 and 42, as produced by BBO.
11. Attached to the Appendix as Exhibit I is a true and correct copy of the Lease
Guaranty, dated March 24, 2000, numbered BBO—1 11 and 110, as produced by BBO.
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12. Attached to the Appendix as Exhibit J is a true and correct copy of pertinent
excerpts of Attachment G-5 to the Schedules of the Debtor, as filed in In re Broadband Ojice,
Inc.
13. Attached to the Appendix as Exhibit K is a true and correct copy of the Proof of
Claim of Extreme Networks Credit Corporation, dated February 5, 2002, as filed in In re
Broadband Ojfice, Inc.
14. Attached to the Appendix as Exhibit L is a true and correct copy of pertinent
excerpts of Attachment SOFA3.a to the Statement of Financial Affairs of the Debtor, as filed in
In re Broadband O]j’ice, Inc.
15. Attached to the Appendix as Exhibit M is a true and correct copy of a letter dated
April 10, 2003, numbered BBO-3 54 through 355, as produced by BBO.
16. Attached to the Appendix as Exhibit N is a true and correct copy of a letter dated
April 28, 2003, numbered BBO-359 through 363, as produced by BBO.
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17. Attached to the Appendix as Exhibit O is a tme and correct copy of a letter dated
July 25, 2003, numbered BBO—356 through 357, as produced by BBO.
18. Attached to the Appendix as Exhibit P is a true and correct copy of a letter dated
September 27, 2004, numbered TCC00034 through 40, as produced by TCC.
19. Attached to the Appendix as Exhibit Q is a true and correct copy of a letter dated
May 20, 2004, with attachments, numbered TCC00001 through 33.
Executed on March 15, 2007 at Wilmington, Delaware.
By:
Ricardo Palacio (I.D. #3765)
SWORN O S SCRIBED before me this /56 day of March, 2007.
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