Opinion
Case No. 301-12036 Jointly Administered
November 6, 2001
Attorneys for Debtors and Debtors-in-Possession: Gary Brown, Charles K. Grant, DINSMORE SHOHL, LLP, Nashville, TN and Kim Martin Lewis, Tim J. Robinson, DINSMORE SHOHL LLP, Cincinnati, OH
NOTICE
Notice is hereby given that Phoenix Restaurant Group, Inc. ("PRG") and the above-captioned direct and indirect subsidiaries of PRG (collectively, the "Debtors") have filed a Combined Emergency Motion for Interim and Final Orders Pursuant to 11 U.S.C. § 365(a) Approving and Authorizing (i) Rejection of Certain Unexpired Non-Residential Real Estate Leases; (ii) Rejection of Certain Executory Contracts Related to Rejected Real Estate Leases; and (iii) Fixing of Deadline for Non-Debtor Parties to Rejected Leases and Related Contracts to File Proofs of Claim on Account of Rejection Damage Claims (the "Contract Rejection Motion"). The relief requested in the Contract Rejection Motion has been granted in the Order set forth below, its effectiveness being conditioned upon there being no timely-filed and sustained objection to the Contract Rejection Motion, and in such event, only with respect to the party or parties having timely filed such objection(s).
Please be advised that objections to the relief granted in this Order must be filed with the United States Bankruptcy Court, 701 Broadway, Nashville, Tennessee 37203 on or before November 16, 2001. Any objection filed must conform to the Federal Rules of Bankruptcy Procedure, Rule 9013-1 of the Local Rules for the United States Bankruptcy Court for the Middle District of Tennessee ("LBR"), and any Order of the Court establishing case management and administrative procedures. Further, a copy of any objection must be served on the undersigned counsel. If a timely objection is filed, the objection will be heard on November 20, 2001, at 10:00 a.m. If no timely objection is filed, this Order will become final.
ORDER AUTHORIZING AND APPROVING (i) REJECTION OF CERTAIN UNEXPIRED NON-RESIDENTIAL REAL ESTATE LEASES; (ii) REJECTION OF CERTAIN EXECUTORY CONTRACTS RELATED TO REJECTED REAL ESTATE LEASES; AND (iii) ESTABLISHMENT OF DEADLINE FOR NON-DEBTOR PARTIES TO REJECTED LEASES AND CONTRACTS TO FILE PROOFS OF CLAIM ON ACCOUNT OF REJECTION DAMAGE CLAIMSUpon the motion (the "Motion") of Phoenix Restaurant Group, Inc. ("PRG") and its above captioned direct and indirect subsidiaries (the "Subsidiary Debtors"), debtors and debtors-in-possession in the above-captioned cases (PRG and the Subsidiary Debtors collectively, the "Debtors") for entry of interim and final Orders pursuant to 11 U.S.C. § 365 authorizing and approving: (i) rejection of certain unexpired nonresidential real property leases described herein (the "Leases"); (ii) rejection of certain executory contracts related to the operation of the Debtors' restaurants subject to rejected Leases (the "Related Contracts"); and (iii) establishment of deadline for non-debtor parties to rejected Leases and Related Contracts to file proofs of claim on account of rejection damage claims (the "Motion"); and upon the affidavit of Jeffery Pate in Support of Chapter 11 Petition and First Day Orders, sworn to on October 30, 2001; and it appearing that the relief requested is in the best interest of the Debtors, their estates, creditors and interest holders and is a proper exercise of the Debtor's business judgment; and it further appearing that proper and adequate notice of the Motion has been given and that no other or further notice is necessary for the Court to enter this Order; and upon the record herein; and after due deliberation thereon; and good and sufficient cause appearing therefore, it is hereby:
Capitalized terms used but not defined herein shall have the meaning ascribed to such term in the Motion related hereto.
ORDER ADJUDGED AND DECREED THAT
1. The Debtors are authorized to reject their leasehold interests in the Leases and their interests under the Related Contracts upon the terms described in the Motion.
2. The rejection of the Leases and Related Contracts pertaining to the Closed Premises and Contingent Liability Premises shall be effective as of October 31, 2001 (the "Petition Date").
4. Non-debtor pates to the rejected Leases and Related Contracts shall have (90) calendar days from the entry of this Order to file proofs of claim for damages, if any, attributable to the Debtors' rejection of the Leases and Related Contracts.
5. In the absence of any timely and proper Objection, this Order shall automatically become a final Order without the necessity of a further hearing and shall be effective as of the Petition Date.
6. Service of the Debtors' Motion as described in that Motion, and the shortened notice period and expedited hearing described in this Court's Order Setting Emergency 1-leaning on Selected First Day Motions and Shortening the Time Period of Notice and Setting Expedited Hearing Upon Selected First-Day Motions, entered in these cases as a separate order dated November 1, 2001, is deemed adequate and appropriate under the circumstances and in full compliance with applicable provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure. and the Local Rules of this Court. In addition, notice of the deadline for filing and service of any Objection to entry of final Order granting the relief requested in the Motion and of the hearing thereon (if applicable is deemed adequate and appropriate under the circumstances and in full compliance with applicable provisions of the Bankruptcy Code the Federal Rules of Bankruptcy Procedure and the Local Rules of this Court.