Case No. 02-43582-H4-11United States Bankruptcy Court, S.D. Texas, Houston Division
March 26, 2003
ORDER APPROVING DEBTORS’ EXPEDITED SECOND OMNIBUS MOTION TO REJECT CERTAIN UNEXPIRED LEASES OF NONRESIDENTIAL REAL PROPERTY [This instrument pertains to Docket #1699]
WILLIAM R. GREENDYKE, United States Bankruptcy Judge
Upon consideration of the Debtors’ Expedited Second Omnibus Motion to Reject Certain Unexpired Leases of Nonresidential Real Property (the “Motion”), filed by Encompass Services Corporation and certain of its direct and indirect subsidiaries, as debtors and debtors in possession (collectively, the “Debtors”); and the Court being satisfied that the relief requested in the Motion is in the best interests of the Debtors and their estates; and it appearing that due notice of this Motion has been given and that no other or further notice be given and sufficient cause appearing therefor, it is
ORDERED that the Motion is hereby granted in all respects; and it is further
ORDERED that pursuant to section 365 of the Bankruptcy Code and Bankruptcy Rule 6006 the Leases,[1] as described on Exhibit A attached to the Motion, are deemed rejected; and it is further
ORDERED that with respect to the Lease located at 1601, 1609, 1708, 1709 1711 Old Georgia Hwy, Gaffney, SC, 29340, leased by Sanders Properties, L.L.C. to Sanders Bros. Inc, a Debtors subject to a recent divestiture, such lease shall be deemed rejected as of March 1, 2003, by agreement of the lessor and the Debtors.
ORDERED that the form notice of lease rejection, attached to the motion as Exhibit B is approved in all respects and the Debtors are directed to send such notice to each of the lessors listed on Exhibit A attached to the Motion along with a copy of this Order; and it is further
ORDERED that the lessors listed on Exhibit A attached to the Motion must file any claim related to the rejection of the Leases within thirty days (30) of the entry of this Order; and it is further
ORDERED that this Court will retain exclusive jurisdiction to construe and enforce the terms of this Order.