Opinion
Case No. 01-16034 (AJG), Jointly Administered, Case No. 03-10676 (AJG)
February 13, 2003
ORDER DIRECTING THAT CERTAIN ORDERS ENTERED IN THE CHAPTER 11 CASES OF ENRON CORP., ET AL., BE MADE APPLICABLE TO LOUISIANA GAS MARKETING COMPANY
Upon consideration of the motion (the "Motion") jointly filed by Enron Corp. and certain of its affiliated debtor entities (collectively, the "Enron Debtors"), as debtors and debtors in possession, and Louisiana Gas Marketing Company, as debtor and debtor in possession ("LGMC" and, together with the Enron Debtors, the "Debtors") seeking entry of an order pursuant to section 105(a) of the Bankruptcy Code directing that certain orders entered in the chapter 11 cases of the Enron Debtors be made applicable to LGMC; 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 hereby granted.
2. The orders in the Enron Debtors' chapter 11 cases set forth on Exhibit A attached to the Motion are hereby made applicable to LGMC, effective as of the dates set forth on Exhibit A, and as if LGMC were an Enron Debtor referred to in said orders.
3. The service of the Motion, with the Final Order Authorizing the Debtors to Obtain Post-Petition Financing Pursuant to 11 U.S.C. § 105, 361, 362, 364(c)(1), 364(c)(2), 364(c)(3) and 364(d)(1), dated July 2, 2002, Enron Debtors' Docket No. 4888 (the "Final DIP Order") attached as Exhibit B to the Motion, is deemed adequate service of notice of the Final DIP Order, such that under the terms of the Final DIP Order, all provisions of the Final DIP Order, including, without limitation, those pertaining to the DIP Liens and the priority of the DIP Obligations (as defined in the Final DIP Order), shall automatically and without further action of this Court become applicable to LGMC twenty (20) days after the service date of the Motion (the "DIP Finalization Date"), unless a party in interest objects prior to the DIP Finalization Date.
4. If a party in interest does file an objection prior to the DIP Finalization Date, a hearing shall be scheduled to consider such objection.
5. Any and all other previous and subsequent orders entered in the Enron Debtors' chapter 11 cases having general applicability to the other Debtors are hereby made applicable to LGMC, effective as of entry of such orders in the Enron Debtors' chapter 11 cases, as if LGMC were a Debtor referred to in said orders.
6. Notwithstanding the relief granted herein, and the filing of further affiliates of the Enron Debtors under chapter 11 of the Bankruptcy Code, in no event shall the Debtors exceed the aggregate dollar limitations contained in each of the orders listed above or agreed to on the record at the hearing held before this Court on December 3, 2001, unless otherwise ordered by this Court.