Opinion
Case No. 01-16034 (AJG), Chapter 11, Jointly Administered
January 15, 2002
ORDER MODIFYING, IN PART, ORDER TO PAY PREPETITION EMPLOYEE COMPENSATION, BENEFITS, REIMBURSABLE BUSINESS EXPENSES AND RELATED ADMINISTRATIVE COSTS
Upon consideration of the motion, dated December 14, 2001 (the "Motion"), filed by Enron Corp. and certain of its affiliated entities (collectively, the "Debtors"), as debtors and debtors in possession, as modified in the manner set forth in the record of the hearing held on January 15, 2002 (the said motion, as modified, the "Motion"), seeking an order modifying, in part, the Order to pay prepetition employee compensation, benefits, reimbursable business expenses and related administrative costs, entered December 3, 2001 (the "Employee Order"); and it appearing that the Court has jurisdiction to consider the Motion; and it appearing that the relief requested in the Motion is in the best interest of the Debtors, their estates and creditors; and it appearing that due notice of the Motion has been given and no further notice need be given; and upon the proceedings before the Court; and good and sufficient cause appearing;
IT IS HEREBY ORDERED THAT:
1. The Motion is granted.
2. The Employee Order is modified to the extent that the Debtors are authorized, in their discretion and in the exercise of their business judgment, to honor and pay in full to all persons, including employees of the Enron Companies, their retirees, their former employees, and dependents of the foregoing, entitled, as of the Petition Date, to compensation, benefits, reimbursement, severance, or other payment as a consequence of being employed by, or a dependent of someone employed by, the Enron Companies (the "Enron Companies' Employees"), the accrued and unpaid Employment Obligations (as such term is defined in the Motion of the Debtors For Authority to Pay Prepetition Employee Compensation, Benefits, Reimbursable Business Expenses and Related Administrative Costs, dated December 3, 2001 (the "Employee Motion"), as modified herein to include all the Enron Companies' Employees), even if such payment exceeds $15,000 to or on behalf of any individual Enron Companies' Employee, including payments to Administrators administering benefit plans on behalf of such Enron Companies' Employee; except that the Debtors shall establish a $15,000 payment limit to any individual Enron Companies' Employee only with respect to the Compensation Obligations and Vacation Obligations (as such terms are defined in the Employee Motion, as modified to include all Enron Companies' Employees).
3. The Debtors are authorized, in their discretion and in the exercise of their business judgment, to honor and pay in full the accrued and unpaid amounts due and owing to relocation vendors with respect to employee relocation costs.
4. This Order shall not be construed as requiring the Debtors to honor or pay any Employment Obligation to any particular Enron Companies' Employee, Administrator, or third-party service provider, including relocation vendors; and, subject to this Order, the Debtors' right to make any such payment in respect of any Employment Obligation shall be in the Debtors' discretion and in their business judgment; and nothing contained herein or in the Employee Order shall constitute an assumption of any executory contract related to the Employment Obligations.