Opinion
Case No. 00-34533
November 27, 2002
Bruce H. Matson (Va. Bar No. 22874), Troy Savenko (Va. Bar No. 44516), Katherine Macaulay Mueller (Va. Bar No. 44302), LeCLAIR RYAN, A Professional Corporation, Counsel for the Debtors.
Mark D. Taylor, (Va. Bar No. 42416), Akin Gump Strauss Hauer Feld LLP, Counsel For The Official Committee Of Unsecured Creditors.
ORDER APPROVING SETTLEMENT AND COMPROMISE AND MEMORANDUM OF LAW IN SUPPORT THEREOF (Phoenix RoomStore)
Upon the Debtors' Motion To Approve Settlement And Compromise And Memorandum Of Law In Support Thereof (Phoenix RoomStore) (the "Motion") of the above-captioned Debtors (the "Debtors") for the entry of an order pursuant to Rule 9019 of the Federal Rules of Bankruptcy Procedure ("Bankruptcy Rule"), authorizing and approving a settlement agreement attached hereto as Exhibit A (the "Settlement"); and due and sufficient notice of the Motion having been given to the parties identified in the Motion; and it appearing that no other further notice need be given; and it appearing that such notice constitutes due and sufficient notice for purposes of Bankruptcy Rule 2002(a)(3); and it appearing that the Settlement is in the best interests of the Debtors, their estates and creditors; and after due deliberation and sufficient cause appearing therefor;
IT IS HEREBY ORDERED that
1. The Motion is granted.
2. All capitalized terms used but not defined herein shall have the meaning ascribed to them in the Motion.
3. The Settlement is hereby approved.
4. The Debtors are authorized, empowered and directed to take all such actions necessary to enter into and effectuate the Settlement.
5. This Court shall retain jurisdiction over all affected parties with respect to any matters, claims or rights arising from or related to the Motion and/or implementation of this Order.
6. Any disputes or claims arising from the Settlement Agreement between the Phoenix RoomStore and the Debtors shall be governed by the terms and conditions of the Settlement Agreement attached hereto as Exhibit A.
7. Upon entry, the Clerk shall serve a copy of this Order on those parties on the attached Service List.
Rule 9022-1 Certification
Pursuant to LBR 9022-1, I hereby certify that the foregoing Order was endorsed by or served upon all necessary parties.