Case No. 01-52840-399.United States Bankruptcy Court, E.D. Missouri, Eastern Division.
April 21, 2003
ORDER AUTHORIZING THE DEBTORS TO CONTINUE LEASE GUARANTY AGREEMENT
BARRY SCHERMER, Bankruptcy Judge
Upon the motion dated March 19, 2003 (the “Motion”) of Thermadyne Holdings Corporation (“Thermadyne Holdings”), as debtor and debtor in possession, seeks an order authorizing continuation by Thermadyne Holdings of the Continuing Lease Guaranty, dated August, 1988, between Thermadyne Holdings (as successor in interest to Palco Acquisition Company) and Holman/Shilder Investment Corporation, Trustee (“Holman”) (the “Guaranty”), 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 the continuation of the Guaranty by Thermadyne Holdings is approved pursuant to section 363(b) of the Bankruptcy Code, effective as of and subject to the occurrence of the Effective Date[1] of the Plan; further
ORDERED that nothing in this Order or the Motion shall be construed as prejudicing Holman or Thermadyne Holdings rights to dispute or contest the amount or validity of any claims against the Landlord arising in connection with the Lease and Lease Amendment under applicable non-bankruptcy law.