Opinion
Case No. 08-11877.
November 18, 2008
ARNALL GOLDEN GREGORY LLP, Darryl S. Laddin (GA Bar No. 460793), Frank N. White (GA Bar No. 753377), Atlanta, Georgia, ANDERSON QUINN, LLC, Alice Kelley Scanlon (Federal Bar No. 22582), Curtis B. Hane (Federal Bar No. 12479), Rockville, MD, ATTORNEYS FOR VERIZON.
LINOWES AND BLOCHER LLP, Bradford F. Englander (Federal Bar No. 11951), Jennifer Larkin Kneeland (Federal Bar No. 14916), Brian M. Nestor (Federal Bar No. 27121), Bethesda, Maryland, ATTORNEYS FOR DEBTOR.
Verizon Services Corporation and certain of its affiliates, creditors in the above referenced case (collectively, "Verizon") and Lightwave Communications, LLC ("Debtor"), by and through their respective attorneys, represent as follows:
WHEREAS, on May 20, 2008, the Debtor filed a Motion to Extend Exclusivity Period for Filing Chapter 11 Plan and Disclosure Statement and Solicit Acceptances Thereof Pursuant to Section 1121(d) of the Bankruptcy Code (Docket No. 126) (the "Exclusivity Motion");
WHEREAS, on June 20, 2008, Debtor filed the Motion for Order: (1) Approving Sale Of Substantially All Of The Sellers' Assets Free And Clear Of Liens, Claims, Interests And Encumbrances; (2) Authorizing And Approving Purchase Agreement; (3) Approving Assumption And Assignment And Sale Of Certain Contracts And Leases; (4) Approving Procedures Determining Cure Amounts; (5) Approving Payment Of Break-up Fee And Expense Reimbursement; (6) Approving Settlement Agreement Between The Debtor And Adera, LLC; (7) Authoring Consummation Of The Contemplated Transactions Therein; and (8) Granting Related Relief (Docket No. 152) (the "Sale Motion");
WHEREAS, on June 26, 2008, Debtor filed the Motion for Approval of the Stipulation and Order for Assumption and Assignment of Executory Contracts, and Related Cure, Among (I) Lightwave Communications, LLC, (II) Verizon Services Corp. and its Affiliates, and (III) Broadview Networks, Inc. and Broadview Networks of Virginia, Inc. ("Broadview"), Pursuant to 11 U.S.C. §§ 105 and 265 and Rule 9019 of the Federal Rules of Bankruptcy Procedure (Docket No. 159) (the "Settlement Motion");
WHEREAS, on July 15, 2008, the Court entered an order approving the Settlement Motion (Docket No. 174) (the "Settlement Order");
WHEREAS, on July 15, 2008, the Court entered its order approving the Sale Motion (Docket No. 175) (the "Sale Order");
WHEREAS, closing of the sale occurred on September 18, 2008 ( see Report of Sale (Docket No. 200));
WHEREAS, Verizon has agreed to the relief requested in the Exclusivity Motion;
NOW, THEREFORE, in consideration of the foregoing and subject to approval of the Court, Debtor and Verizon stipulate and agree:
1. The Exclusivity Motion is hereby GRANTED.
2. The exclusive period for Debtor to file a plan is hereby extended through and including December 8, 2008.
3. The Exclusive Period for Debtor to solicit acceptance of a plan is hereby extended through and including February 6, 2009.
STIPULATED AND AGREED THIS 17th DAY OF NOVEMBER, 2008.
SO ORDERED
Notice Recipients
Recipients of Notice of Electronic Filing: Recipients submitted to the BNC (Bankruptcy Noticing Center):
District/Off: 0416-0 User: mmaloneyr Date Created: 11/18/2008 Case: 08-11877 Form ID: pdfall Total: 4 aty Alice Kelley Scanlon ascanlon@andersonquinn.com aty Bradford F. Englander benglander@linowes-law.com aty Darryl S Laddin bkrfilings@agg.com TOTAL: 3 db Lightwave Communications, LLC 14504 Greenview Drive Suite 300 Laurel, MD 20708 TOTAL: 1