Opinion
Case No. 04-33192, (Jointly Administered).
July 16, 2004.
Mark A. Robinson, VALENTI HANLEY CROOKS, PLLC, Louisville, Kentucky, and Eric D. Schwartz, Gregory W. Werkheiser, MORRIS, NICHOLS, ARSHT TUNNELL, Wilmington, Delaware, CO-COUNSEL FOR THE COMMITTEE.
Edward M. King, FROST BROWN TODD LLC, Louisville, KY, and James H.M. Sprayregen, P.C., James W. Kapp III, KIRKLAND ELLIS LLP, Chicago, IL, CO-COUNSEL FOR THE DEBTORS.
AGREED ORDER MODIFYING NOTICE OF AUCTION PROVISIONS OF SALE PROCEDURES ORDER
Upon the motion (the "Motion") of the debtors and debtors in possession in the above-captioned Chapter 11 Cases (collectively, the "Debtors") seeking entry of an agreed order pursuant to 11 U.S.C. § 105(a) modifying the Notice of Auction provisions in this Court's Order (A) Authorizing and Scheduling a Public Auction for the Sale of Certain or All of the Debtors' Assets free and Clear of All Liens, Claims, Encumbrances and Interests, (B) Approving Procedures for the Submission of Qualifying Bids, (C) Approving Bid Protections, and (D) Approving the Form and Manner of Notice Pursuant to Fed.R.Bankr.P. 2002 (the "Sale Procedures Order"); and it appearing that the relief requested is in the best interests of the Debtors' estates and creditors; and it appearing that this Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334; and it appearing that this Motion is a core proceeding pursuant to 28 U.S.C. § 157; and adequate notice of the Motion having been given; and it appearing that no other notice need be given; and after due deliberation and sufficient cause appearing therefor, it is hereby:
Capitalized terms not defined herein shall have the same meaning ascribed in the Motion.
ORDERED that the Motion is granted; and it is further
ORDERED that the Sale Procedures Order is hereby modified so that the Debtors are solely required to serve the Notice of Auction on the Sale Parties; and it is further
ORDERED that this Court shall retain jurisdiction with respect to any matters related to or arising from the implementation of this Order.
SO ORDERED.