Case No. 02-43582-H4-11, JOINTLY ADMINISTEREDUnited States Bankruptcy Court, S.D. Texas, Houston Division.
May 7, 2003
MORGAN, LEWIS BOCKIUS LLP, New York, NY, By: Neil Herman, Attorneys for B-1 Acquisition Corp.
WEIL, GOTSHAL MANGES LLP, Houston, Texas, By: Shayne H. Newell, Attorneys for the Debtors the Debtors in Possession
ANDREWS KURTH L.L.P., Houston, Texas, By: Jennifer M. Gore, Attorneys for the Official Committee of Unsecured Creditors.
WINSTEAD SECHREST MINICK P.C., Dallas, Texas, By: C. Mark Brannum, Attorneys for The Lender Group.
AGREED ORDER (A) RESOLVING AND SETTLING MOTION FOR PAYMENT OF EXPENSES OF B-i ACQUISITION CORP. AND (B) FIXING AND ALLOWING ADMINISTRATIVE CLAIM
[This instrument pertains to Docket #598]
WILLIAM R. GREENDYKE, United States Bankruptcy Judge
Upon consideration of the motion (the “Motion”) of B-i Acquisition Corp. (“B-i”) seeking allowance and payment of certain administrative claims [Docket #598]; and responses thereto having been filed by the Debtors, the Official Committee of Unsecured Creditors (the “Committee”) and Bank of America, N.A. as administrative agent for a group of lenders (the “Lender Group”); and an initial hearing having been held on January 29, 2003; and the parties having reached an agreement resolving and settling the Motion; and the Court being satisfied that the relief requested in this Agreed Order is in the best interests of the Debtors and their estates and has been agreed to by Debtors, the Committee and the Lender Group; and it appearing that due notice of the 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 resolved on the terms set for the below; and it is further
ORDERED, that B-i shall have (and is hereby granted) an allowed administrative claim in the aggregate sum of One Hundred Fifty Thousand Dollars ($150,000) pursuant to 11 U.S.C. § 503 (b) (the “B-i Administrative Expense Claim”) as reimbursement of its expenses in connection with its bid on the assets of Building One Service Solutions, Inc. and Building One Commercial Services, Inc.; and it is further
ORDERED, that the grant of the B-i Administrative Claim as set forth above is in full and final satisfaction of any and all claims of B-i against the Debtors or the Lender Group in connection with the Motion and in connection with B-i “s bid on the assets of Building One Services Solutions, Inc. and Building One Commercial Services, Inc.
ORDERED, that B-I’s Administrative Expense Claim shall be payable at the same time and in the same manner as other undisputed administrative claims will be paid pursuant to any Plan of Reorganization, without any further notice or filing by B-i; and it is further
ORDERED, that nothing herein shall be deemed or construed as a waiver of (nor shall anything herein prejudice) (i) any claim or argument which a party in interest, including the Debtors or the Committee, might have under 11 U.S.C. § 506 (c) or otherwise to assert a “surcharge” claim in the amount of the B-i Administrative Expense Claim against the Lender Group or (ii) any defenses or arguments which the Lender Group may assert in opposition thereto.