Opinion
Case No. 301-12036, 301-12164, 301-12166, 301-12165, 301-12167 Jointly Administered
November 8, 2001
GARY M. BROWN, CHARLES K. GRANT, DINSMORE SHOHL LLP, Nashville, TN., and KIM MARTIN LEWIS, TIM J. ROBINSON, DINSMORE SHOHL LLP, Cincinnati, Ohio, Attorneys for Debtors and Debtors-in-possession
ORDER PURSUANT TO 11 U.S.C. § 105(a), 365 AND 507(a)(6) AUTHORIZING CONTINUATION OF CERTAIN CUSTOMER PRACTICES
Upon the motion (the "Motion"), wherein Phoenix Restaurant Group, Inc. ("PRG") and its above-captioned subsidiaries (the "Subsidiary Debtors"), debtors and debtors-in-possession in the above-captioned cases (PRG and the Subsidiary Debtors collectively, the "Debtors") moved this Court for an order pursuant to 11 U.S.C. § 507(a)(6), 365 and 105(a) of the Bankruptcy Code authorizing the continuation of certain prepetition customer practices (the "Motion"); and upon the Affidavit of Jeffrey Pate In Support of Chapter 11 Petitions and First Day Orders, sworn to on October 30, 2001; and it appearing that proper and adequate notice is necessary; and after due deliberation thereon; and upon the record herein; and good and sufficient cause appearing therefor, it is
ORDERED, ADJUDGED AND DECREED THAT:
1. The Debtors are authorized to honor all obligations to customers, including specifically, but not limited by. gift certificates and "customer appreciation vouchers" as described in the Motion, consistent with past practice prior to the commencement of their Chapter 11 cases.
2. Service of the Debtors' Motion as descried in that Motion, and the notice of hearing on emergency motions described in this Court's Order Setting Emergency Hearing 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 of even date herewith. 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 the Middle District of Tennessee. Further notice to parties in interest to individual First Day Motions is hereby waived.