Bankruptcy No. BK-S-00-10533-LBR (AgriBioTech, Inc.) Jointly Administered With: No. BK-S-OO-10534-LBR (AgriBioTech Canada) No. BK-S-OO-10535-LBR (Las Vegas Fertilizer Co. No. BK-S-OO-10536-LBR (Garden West Distributors, Inc.) No. BK-S-OO-10537-LBR (Geo W. Hill Co., Inc.)United States Bankruptcy Court, D. Nevada
October 26, 2000
WILLIAM P. WEINTRAUB, ESQ., JEFFREY N. POMERANTZ, ESQ., MALHAR S. PAGAY, ESQ., PACHULSKI, STANG, ZIEHL, YOUNG JONES, P.C., San Francisco, CA.
JAMES PATRICK SHEA, ESQ., CANDACE C. CARLYON, ESQ., SHEA
CARLYON, LTD Las Vegas, NV., Attorneys for Debtors and Debtors-in-Possession.
INTERIM ORDER APPROVING SECOND STIPULATED ORDER AUTHORIZING DEBTORS TO USE CASH COLLATERAL AND GRANTING REPLACEMENT LIENS AND RELATED RELIEF
LINDA B. RIEGAL, United States Bankruptcy Judge
On October 25, 2000 at 1:30 p.m. the Court reviewed the SecondStipulated Order Authorizing Debtors To Use Cash Collateral And GrantingReplacement Liens And Related Relief (the “Stipulation”).[1] David M. Bertenthal of Pachuiski, Stang, Ziehl, Young Jones P.C. appeared on behalf of the Debtors. Other appearances were made as set forth in the record of these proceedings.
Based upon the Stipulation, the arguments of counsel made at the hearing, and for other good cause appearing,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
1. The Debtors are authorized to enter into the Stipulation.
2. The Stipulation is approved on an interim basis. A final hearing regarding approval of the Stipulation shall be conducted on November 29, 2000, at 1:30 p.m. (the “Final Hearing”). Any party in interest seeking to oppose approval of the Stipulation on a final basis must file and serve a written opposition so it is received not later than ten (10) days from the date of entry of this Order.
3. Debtors shall provide notice of the entry of this Order, the date, time and location of the Final Hearing and the opposition deadline set forth in paragraph 2 above, as well as a copy of the Stipulation, to the Lenders, Committee, counsel for all growers groups and all parties requesting special notice.