Bankruptcy No. BK-S-00-10533-LBR (AgriBioTech, Inc.), Jointly Administered With: No. BK-S-00-10534-LBR (AgriBioTech Canada, Inc.), No. BK-S-00-10535-LBR (Las Vegas Fertilizer Co., Inc.), No. BK-S-00-10536-LBR (Garden West Distributors, Inc.), No. BK-S-00-10537-LBR (Geo. W. Hill Co., Inc.)United States Bankruptcy Court, D. Nevada
August 31, 2000
William P. Weintraub. Esq. (SBN 108125), David M. Bertenthal, Esq. (SBN 167624), Malhar S. Pagay, Esq. (SBN 189289), Pachulski, Stang, Ziehl, Young Jones P.C., San Francisco, California, and James Patrick Shea (SBN 0405), Candace C. Carlyon (SBN 02666), Shea Carlyon, Ltd., Las Vegas, Nevada, Attorneys for Debtors and Debtors in Possession.
ORDER GRANTING MOTION FOR ORDER AUTHORIZING REJECTION OF EXECUTORY CONTRACTS AND UNEXPIRED LEASES
LINDA B. RIEGLE, United States Bankruptcy Judge.
On August 30, 2000, at 1:30 p.m., the Court conducted a hearing on the 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.