Case No. 01-16034 [AJG], Chapter 11, Jointly Administered.United States Bankruptcy Court, S.D. New York
February 13, 2002
Albert Togut, Neil Berger, Christopher Lagow, TOGUT, SEGAL SEGAL LLP, Bankruptcy Co-Counsel, Debtors and Debtors in Possession, New York, New York.
ORDER PURSUANT TO SECTION 365(d)(4) OF THE BANKRUPTCY CODE FURTHER EXTENDING THE PERIOD WITHIN WHICH THE DEBTORS MAY ASSUME OR REJECT UNEXPIRED LEASES OF NONRESIDENTIAL REAL PROPERTY WITH SILICON VALLEY TELECOM EXCHANGE. LLC
ARTHUR J. GONZALEZ, United States Bankruptcy Judge.
Upon the Motion dated January 17, 2002 (the “Motion”) of Enron Corp. and certain of its subsidiaries, debtors and debtors-in-possession in the above-captioned cases (collectively, the “Debtors”), for entry of an order pursuant to section 365(d)(4) of chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) extending the period within which the Debtors may assume or reject all of their unexpired leases and agreements for nonresidential real property (the “Leases”); and good and sufficient notice of the Motion having been given by the Debtors; and it appearing that no other or further notice need be given under the circumstances; an objection (the “Objection”) to the Motion having been filed by Silicon Valley Telecom Exchange, LLC (“STVX”); the Court having heard the Debtors and STVX, by their counsel at the January 31, 2002 hearing to consider the Motion; and the Court having heard the parties at a subsequent hearing on February 13, 2002 and after due deliberation and sufficient cause appearing therefor, it is hereby
ORDERED that the period within which the Debtors may assume or reject their Lease(s) with STVX (the “SVTX Lease”) be, and it hereby is, extended through and including March 29, 2002; and it is further
ORDERED that the Debtors shall promptly pay to SVTX the electric charges due from the Debtors to SVTX pursuant to the Lease for the periods: December 11, 2001 through January 10, 2002, and January 11, 2002 through February 11, 2002; and it is further
ORDERED that the extension granted by this Order is without prejudice to: (i) the Debtors’ right to seek a further extension(s) of their time to assume or reject the SVTX Lease with SVTX; (ii) the Debtors’ right to seek further or different relief regarding the STVX Lease; or (iii) the right of STVX to request, for cause shown, that the extension granted hereby should be reduced; and (iv) the right of STVX to seek any other relief regarding the Leases upon proper notice to, among other parties, the Debtors and the Official Committee of Unsecured Creditors in these cases.