Opinion
Case No. BK-N-01-31627.
September 16, 2004
Jennifer A. Smith, LIONEL SAWYER COLLINS, Reno, Nevada, Timothy R. Pohl SKADDEN, ARPS, SLATE, MEAGHER FLOM (ILLINOIS), Chicago, Illinois, Eric M. Davis SKADDEN, ARPS, SLATE, MEAGHER FLOM LLP, Wilmington, Delaware, Attorneys for the Debtors and Debtors-in-Possession.
Upon the motion, dated August 24, 2004(the "Motion"), of the above-captioned reorganized debtors (the "Reorganized Debtors"), for entry of an order, pursuant Fed.R.Bankr.P. 9019 approving settlement of claims and mutual releases among Washington Group International, Inc. and Indiana Harbor Coke Company, L.P. ("IHCC"), the Court being satisfied with the representations made in the Motion that the Agreement is necessary and is in the best interests of the Reorganized Debtors' estates; and it appearing that proper and adequate notice has been given and that no other or further notice is necessary; and good and sufficient cause appearing therefor, it is hereby:
Unless otherwise defined herein, capitalized terms used herein shall have the meanings ascribed to them in the Motion.
ORDERED, DECREED and ADJUDGED that:
1. The Motion is GRANTED.
2. The Reorganized Debtors and IHCC are authorized and to enter into the Agreement in the form attached to the Motion as Exhibit 1.
3. Once payment is made to IHCC in accordance with paragraph 9 of the Agreement, the proof of claim filed by IHCC, proof of claim no. 5457 (the "IHCC POC"), shall be deemed disallowed and withdrawn and the claims agent in these proceedings may remove the IHCC POC from the claims register.
4. The Reorganized Debtors may take such actions and execute any documents necessary to consummate the Agreement.