Opinion
Case No. 05-41108-399, Jointly Administered Under, Motion No. 426.
April 26, 2005
ORDER GRANTING MOTION FOR ORDER APPROVING THE REJECTION OF (1) SUBLEASE WITH LANGER JUICE COMPANY, INC. AND (2) SUBLEASE WITH USA NIKOTA, INC.
The Court, having considered the "Motion For Order Approving The Rejection Of (1) Sublease With Langer Juice Company, Inc. And (2) Sublease With USA Nikota, Inc." (the "Motion") filed by the Debtors, the Affidavit of Anthony DeVasto (the "DeVasto Affidavit") submitted in support thereof, finds that:
Terms not otherwise defined herein shall have the same meaning ascribed to them in the Application.
(i). notice of the Motion was appropriate under the circumstances;
(ii). no opposition to the Motion was filed; and
(iii) the rejection of (i) the sublease agreement between Falcon Products, Inc.
("Falcon") and Langer Juice Co., Inc.; and (ii) the sublease agreement between Falcon and USA Nikota, Inc. (collectively, the "Subleases") will benefit the Debtors' estates and is a sound exercise of the Debtors' business judgment.
IT IS HEREBY ORDERED that:
1. The Motion is granted as set forth below and as reflected in the record of the hearing.
2. Pursuant to 11 U.S.C. § 365 and Federal Rule of Bankruptcy Procedure 6006, the rejection of the Subleases as of April 1, 2005 is approved.
3. No later than three (3) business days after the date of this order, the Debtors are directed to serve a copy of the order in accordance with the Court's order establishing notice procedures and are directed to file a certificate of service no later than two (2) business days after service.