Opinion
Case No. BK-N-01-31627.
August 16, 2004
Jennifer A. Smith, LIONEL SAWYER COLLINS, Reno, Nevada, Timothy R. Pohl, SKADDEN, ARPS, SLATE, MEAGHER FLOM (ILLINOIS), Chicago, Illinois and Gregg M. Galardi, Eric M. Davis, SKADDEN, ARPS, SLATE, MEAGHER FLOM LLP, Wilmington, Delaware, Attorneys for the Reorganized Debtors.
ORDER UNDER FED. R. BANKR. P. 9019 APPROVING SETTLEMENT AGREEMENT REGARDING KM CLAIMS
Upon the above captioned Reorganized Debtor's motion (the "Motion") for approval of the Settlement Agreement pursuant to Fed.R.Bankr.P. 9019; and it appearing that notice of the Motion was good and sufficient under the circumstances; and that no other or further notice need be given; and after due deliberation thereon, it is hereby,
Capitalized terms not otherwise defined shall have the meanings ascribed to them in the Motion.
FOUND AND DETERMINED THAT:
A. The Settlement Agreement was negotiated at arm's length and in good faith;
B. The Settlement Agreement is fair and equitable and
C. The Settlement Agreement is the result of the Reorganized Debtor's exercise of sound business judgment; and it is therefore,
ORDER, ADJUDGED AND DECREED THAT:
1. The Motion is Granted.
2. Pursuant to Rule 9019 of the Federal Rules of Bankruptcy Procedure, the Settlement Agreement is hereby approved.