Case No. 01-52840-399.United States Bankruptcy Court, E.D. Missouri, Eastern Division.
April 21, 2003
ORDER AUTHORIZING THE DEBTORS TO (i) ASSUME LEASES AND (ii) CONTINUE GUARANTY AGREEMENTS
BARRY SCHERMER, Bankruptcy Judge
Upon the motion dated March 19, 2003 (the “Motion”) of Thermadyne Holdings Corporation (“Thermadyne Holdings”) and certain of its direct and indirect subsidiaries, as debtors and debtors in possession (collectively, the “Debtors”), seeking an order authorizing (i) the Debtors to assume certain leases of nonresidential real property (the “Leases”) and (ii) continuation by Thermadyne Holdings of its obligations as guarantors under certain lease guaranty agreements (the “Guaranty Agreements”), and the Court having jurisdiction to consider the Motion and the relief requested therein in accordance with 28 U.S.C. § 1334; and due notice of the Motion having been provided, and it appearing that no other or further notice need be provided; 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; and upon the Motion and all of the proceedings had before the Court; and after due deliberation and sufficient cause appearing therefor, it is
ORDERED that the Motion is granted; and it is further
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ORDERED that, pursuant to section 365(a) of title 11 of the United States Code (the “Bankruptcy Code”), the Debtors are authorized to assume the Leases effective as of and subject to the occurrence of the Effective Date of the Amended Plan; and it is further
ORDERED that section 365(b) of the Bankruptcy Code is satisfied because the Debtors are current under the Leases and no prepetition cure amounts are outstanding; and it is further
ORDERED that the continuation of the Guaranty Agreements by Thermadyne Holdings is approved pursuant to section 363(b) of the Bankruptcy Code; and it is further
ORDERED that nothing in this Order or the Motion shall be construed as prejudicing the Debtors rights to dispute or contest the amount or validity of any claims against the Landlords arising in connection with the Leases under applicable non-bankruptcy law.
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