Opinion
Bankruptcy Case No. 04-13819-SSM Jointly Administered.
November 9, 2004.
Thomas M. Mayer, Kramer Levin Naftalis Frankel LLP, New York, NY, and
Michael D. Warner, David T. Cohen, Warner Stevens, L.L.P., Forth Worth, TX, and
Dylan G. Trache, Alexander M. Laughlin, Wiley Rein Fielding LLP, McLean, VA, Counsel to Electronic Data Systems Corporation and EDS Information Services, L.L.C.
ORDER AUTHORIZING THE FILING UNDER SEAL OF THAT CERTAIN SERVICES AGREEMENT BETWEEN THE DEBTORS AND EDS
Upon the motion (the "Motion") of Electronic Data Systems Corporation and EDS Information Services, L.L.C. (collectively, "EDS"), pursuant to Sections 105 and 107 of the United States Bankruptcy Code, 11 U.S.C. §§ 101- 1330 (the "Bankruptcy Code"), for entry of an order authorizing the filing under seal of that certain services agreement and related agreements (the "Services Agreement") between EDS and US Airways, Inc. ("US Airways"), and any other debtors that are parties to contracts with EDS (the "Debtors"); it appearing that this Court has jurisdiction over this matter and the relief requested in the Motion pursuant to 28 U.S.C. §§ 157 and 1334; it appearing that this is a core proceeding pursuant to 28 U.S.C. § 157(b) and due and sufficient notice of the Motion having been given under the circumstances; the Court having determined that the terms of the Settlement Agreement constitute "commercial information" within the meaning of Section 107(b) of the Bankruptcy Code; and the Court having determined that the relief sought in the Motion is in the best interests of the Debtors, their estates, and all parties in interest; therefore, upon the Motion and all of the proceedings before the Court and after deliberation, sufficient cause appearing therefore; it is hereby
ORDERED that, the Motion is granted; and it is further
ORDERED that, the Services Agreement shall be maintained by the Court under seal until further order of the Court; and it is further
ORDERED that the Court shall retain jurisdiction with respect to all matters arising from or related to the implementation of this order; and it is further
ORDERED that the Clerk of Court shall send a copy of this order as entered to EDS's counsel at the address below who will then distribute the order to the Debtors and to all creditors and parties in interest in these cases pursuant to the Local Bankruptcy Rule.