Opinion
Jointly Administered Under Case No. 302-00979
February 4, 2003
HARWELL HOWARD HYNE GABBERT MAYNER, P.C., Craig V. Gabbert, Jr., Barbara D. Holmes, Nashville, TN, BUCHANAN INGERSOLL PROFESSIONAL CORPORATION, Joel M. Walker, Philip J. Uher, Pittsburgh, PA, COUNSEL FOR THE DEBTORS
SCHULTE ROTH ZABEL, LLP, David M. Hillman, New York, NY, BOULT CUMMINGS CONNERS BERRY, PLC, William L. Norton, III, Nashville, TN, COUNSEL FOR LENDERS
BAKER DONELSON BEARMAN CALDWEL, Randal Mashburn, Nashville, TN, Chuck Gibbs, Keith Aurzada, AKIN GUMP STRUSS HAUER FELD, Dallas, TX, ATTORNEYS FOR THE COMMITTEE
AGREED ORDER AMENDING OCTOBER 8, 2002 FINAL ORDER GRANTING AUTHORITY TO USE CASH COLLATERAL
This matter is before the Court upon agreement between Debtors, the Unsecured Creditors Committee and the Lenders as indicated by the signatures of counsel below.
1. Final Order. On October 8, 2002, a final order granting authority to use cash collateral was entered, which, inter alia, authorized the Debtors to use cash collateral for the period through December 17, 2002, and was amended by Agreed Order entered December 18, 2002, to extend the period through January 21, 2003, and by Agreed Order entered January 24, 2003, to extend the period through February 28, 2003. The October 8 Order and the December 18, 2002, and January 24, 2003, amendments are collectively referred to as the "October 8 Order."
2. Terms. All capitalized terms not otherwise defined herein are defined as set forth in the October 8 Order.
3. Relief Appropriate. The Court finds that the relief requested is appropriate under the circumstances and hereby enters the following order further amending the October 8 order;
IT IS HEREBY Ordered, Adjudged and Decreed that
A. The October 8 Order is further amended to authorize the Debtors to amend Paragraph C of the December 18, 2002, amendment to extend to February 7, 2003, the deadline for the Debtors or the Committee to file any adversary proceeding regarding the allowance of the Lender's claim, including but not limited to the amount of the claim, any challenge to the Bridge Loan of $3,000,000.00 dated November 28, 2001, or any other mailer other than the validity, priority, perfection or enforceability of the Lenders' liens. If such adversary proceeding is not filed by February 7, 2003, the Lender's secured claim against the Debtors shall be deemed allowed, secured claims pursuant to sections 506(a) and 506(b) of the Code, and shall be binding allowed and in full force and effect.
B. All other provisions of the October 8 Order shall remain in full effect and are incorporated herein by reference.