IN RE: AMERICAN HOMEPATIENT, INC., et al., Chapter 11, Debtors.

Case No. 02-08915United States Bankruptcy Court, M.D. Tennessee, Nashville Division
March 13, 2003

ATTORNEYS FOR DEBTORS, HANCE SCARBOROUGH WRIGHT GINSBERG BRUSILOW, LLP, Frank J. Wright, C. Ashley Ellis, Dallas, Texas

MENDES GONZALES, PLLC, Robert J. Gonzales, Robert J. Mendes, Robin Bicket White

ATTORNEYS FOR THE ADMINISTRATIVE AGENT, HAYNES AND BOONE, LLP, Lenar M. Parkins, Robin E. Phelan, Houston, Texas

NEAL HARWELL, PLC, James R. Kelly, Nashville, Tennessee

AGREED ORDER RESOLVING LENDERS’ OBJECTION TO DEBTORS’ MOTION TO APPROVE ASSUMPTION OF UNEXPIRED NONRESDIENTIAL REAL PROPERTY LEASE WITH PRINCIPAL MUTUAL LIFE INSURANCE COMPANY (DOCKET NO. 895)
GEORGE C. PAINE, II, United States Bankruptcy Judge

This matter is before the Court upon the Debtors’ Motion for Order Authorizing the Assumption of Unexpired Nonresidential Real Property Lease with Principal Mutual Life Insurance Company (the “Motion”) Docket No. 895. The Motion was granted, subject to timely objections, on February 6, 2003 by Notice and Order Granting Motion Authorizing the Assumption of an Unexpired Nonresidential Real Property Lease with Principal Mutual Life Insurance Company (the “Notice and Order”), Docket No. 914. On February 26, 2003, the Lenders timely filed an Objection to Debtor’s Motion to Approve Assumption of Unexpired Nonresidential Real Property Lease with Principal Mutual Life Insurance Company (the “Objection”).

IT IS HEREBY ORDERED THAT American HomePatient, Inc., a Delaware Corporation, is authorized to assume the lease, as amended, which is attached as an exhibit to the Motion on the terms and conditions set forth in the Motion and the Notice and Order.

IT IS SO ORDERED.