Opinion
Case No. 01-16034 (AJG), Jointly Administered, Case Nos. 03-14540 (AJG), 03-14539 (AJG).
July 24, 2003.
ORDER DIRECTING THAT CERTAIN ORDERS ENTERED IN THE CHAPTER 11 CASES OF ENRON CORP., ET AL., BE MADE APPLICABLE TO THE NEW DEBTORS
Upon consideration of the motion (the "Motion") jointly filed by Enron Corp. and certain of its affiliated debtor entities (the "Debtors") seeking entry of an order pursuant to section 105(a) of the Bankruptcy Code directing that certain orders entered in the chapter 1 cases of the Debtors be made applicable to Cabazon Holdings LLC and Cabazon Power Partners LLC, which are affiliates filing petitions for relief under chapter 11 on July 17, 2003 (the "New Debtors"); and an objection to the Motion having been filed by Bank, and it appearing that the Court has jurisdiction to consider the Motion pursuant to 28 U.S.C. § 157 and 1334; 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 subject to the provisions below.
2. All generally applicable orders previously entered and any generally applicable proposed orders in the Debtors' cases, some of which are listed on Exhibit A attached to the Motion, are hereby made applicable to the New Debtors' cases, effective as of the date of entry of such orders and as if the New Debtors were a Debtor referred to in said orders, except that none of the orders authorizing the Debtors' post-petition financing agreement shall be applied to the New Debtors' chapter 11 cases, and except that application of this Court's Order Approving and Authorizing Allocation Formula For Shared Overhead Expenses, dated November 25, 2002 [Enron Debtors' Docket No. 8069], the Order Authorizing Continued Use of Existing Bank Accounts, Cash Management System, Checks and Business Forms, dated December 3, 2001 [Enron Debtors' Docket No. 34] and the Amended Order Authorizing Continued Use Of Existing Bank Accounts, Cash Management System, Checks And Business Forms, And Granting Inter-Company Superpriority Claims, As Adequate Protection, dated February 25, 2002 [Enron Debtors' Docket No. 1666] shall not be effective until such time as the Debtors reach agreement with regard to those Orders with Fortis Bank NA or this Court, upon notice of hearing, which notice shall not be given less than five business days before the hearing, enters an order applying those Orders to the New Debtors' chapter 11 cases.
3. Subject to the foregoing, any and all other previous and subsequent orders entered in the Debtors' chapter 11 cases having general applicability to the other Debtors are hereby made applicable to the New Debtors' cases, effective as of entry of such orders in the Debtors' chapter 11 cases, as if the New Debtors were a Debtor referred to in said orders.
4. Notwithstanding the relief granted herein, and the filing of further affiliates of the 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.