Case No. 01-16034 (AJG) Chapter 11United States Bankruptcy Court, S.D. New York
December 3, 2001
ORDER GRANTING ADMINISTRATIVE EXPENSE STATUS TO THE DEBTORS’ UNDISPUTED OBLIGATIONS ARISING FROM THE POSTPETITION DELIVERY OF GOODS ORDERED IN THE PREPETITION PERIOD AND AUTHORIZING THE DEBTORS TO PAY SUCH OBLIGATIONS IN TILE ORDINARY COURSE OF BUSINESS
ARTHUR J. GONZALEZ, United States Bankruptcy Judge.
Upon consideration of the motion, dated December 3, 2001 (the “Motion”), of Enron Corp. and certain of its affiliated debtor entities (collectively, the “Debtors”) for authorization to grant administrative expense status to their undisputed obligations to vendors (the “Vendors”) arising from the postpetition delivery of materials ordered in the prepetition period (the “Outstanding Orders”) and authorization to satisfy such obligations in the ordinary course of its business, as is more fully set forth in the Motion; and the Court having jurisdiction to consider the Motion and the relief requested therein in accordance with 28 U.S.C. § 157 and 1334; and due notice of this Motion has been given and no further notice need to given; and upon the proceedings before the Court; and good and sufficient cause appearing;
IT IS HEREBY ORDERED THAT:
1. The Motion is granted.
2. To the extent that goods are accepted by the Debtors during the period from and after December 2, 2001, the Vendors providing such materials shall be afforded an administrative expense priority, pursuant to section 503(b) of title 11 of the United States Code (the “Bankruptcy Code”), with respect to the undisputed obligations of the Debtors arising under the Outstanding Orders related thereto.
3. Pursuant to section 363(c) of the Bankruptcy Code, the Debtors are authorized to pay all undisputed obligations arising from the postpetition delivery or shipment by the Vendors of materials subject to the Outstanding Orders, consistent with their customary practices in the ordinary course of its business.