Opinion
Case No. 02-00979-KL3-11, Jointly Administered.
July 18, 2003.
Craig V. Gabbert, Jr., Barbara D. Holmes, David P. Cañas, Harwell Howard Hyne Gabbert Manner, P.C., Nashville, TN, Counsel for the Debtors.
Joel M. Walker, Philip J. Uher, Samuel W. Braver, Buchanan Ingersoll Professional Corporation, Pittsburgh, PA, Counsel for the Debtors.
ORDER APPROVING TRANSFER AND ASSIGNMENT AGREEMENT WITH LEVISA FORK RESOURCES, LLC PURSUANT TO SECTIONS 363 and 365 OF THE BANKRUPTCY CODE
Upon the Motion dated June 6, 2003, of Elk Horn Coal Company, LLC ("Elk Horn") and Pen Coal Corporation, d/b/a Levisa Fork Mining Company ("Pen Coal," together with Elk Horn, the "Debtors") for an Order Approving Transfer and Assignment Agreement with Levisa Fork Resources, LLC Pursuant to Sections 363 and 365 of the Bankruptcy Code (the "Motion"), and it appearing that good and sufficient notice of the Motion has been given and a reasonable opportunity to object to, or be heard, regarding the relief requested in the Motion has been afforded to all interested persons and entities, and that no timely objection was filed,
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT the Motion is granted in all respects; and it is further
ORDERED that the terms of the Transfer and Assignment Agreement, and the transactions and documents related thereto, are approved; and it is further
ORDERED that the transfer of Assets to Levisa Fork Resources, LLC is approved pursuant to 11 U.S.C. § 363; and it is further
ORDERED that the assumption and assignment of the Contracts to Levisa Fork Resources, LLC is approved pursuant to 11 U.S.C. § 365; and it is further
ORDERED that this Court shall retain jurisdiction to enforce the provisions of the Transfer and Assignment Agreement, and the transactions and documents related thereto, as contemplated by the Motion.
IT IS SO ORDERED.