Bankruptcy No. BK-S-00-10533-LBR Jointly Administered With: No. BK-S-00-10534-LBR, No. BK-S-00-10535-LBR, No. BK-S-00-10536-LBR, No. BK-S-00-10537-LBRUnited States Bankruptcy Court, D. Nevada
October 26, 2000
WILLIAM P. WEINTRAUB, ESQ., DAVID M. BERTENTHAL, ESQ., MALHAR S. PAGAY, ESQ., PACHULSKI, STANG, ZIEHL, YOUNG JONES P.C., San Francisco, CA; JAMES PATRICK SHEA, ESQ., CANDACE CARLYON, ESQ., SHEA CARLYON, LTD., Las Vegas, NV, Attorneys for Debtors in Possession
ORDER GRANTING SECOND MOTION FOR ORDER AUTHORIZING REJECTION OF EXECUTORY CONTRACTS AND UNEXPIRED LEASES
LINDA RIEGLE, United States Bankruptcy Judge
On October 25, 2000, at 1:30 p.m., the Court conducted a hearing on the Second Motion For Order Authorizing Rejection of Executory Contracts And Unexpired Leases (“Motion”), filed by AgriBioTech, Inc., AgriBioTech Canada, Inc., Las Vegas Fertilizer Co., Inc., Garden West Distributors, Inc., and Geo W. Hill Co., Inc., the debtors and debtors in possession in the above-captioned jointly administered bankruptcy cases (collectively, the “Debtors”).[1] David M. Bertenthal, Esq., and Malhar S. Pagay, Esq., of Pachulski, Stang, Ziehl, Young Jones P.C., appeared on behalf of the Debtors. Other appearances were as noted in the record. Based upon the arguments made in the Motion, the supporting Declaration of Nathan Cann, the pleadings and documents on file in these cases, and the arguments and representations of counsel at or prior to the hearing, and it appearing that notice has been proper under the circumstances and the nature of the relief requested, and that no other notice need be given, and sufficient cause appearing therefor,
IT IS HEREBY ORDERED that:
1. The Motion is granted in its entirety; and
2. The Debtors are authorized, but not required, to reject the Contracts.