Case Nos. 01-16034 (AJG), 03-13502(AJG), 03-13500 (AJG), Jointly Administered.United States Bankruptcy Court, S.D. New York.
June 12, 2003.
ORDER DIRECTING THAT CERTAIN ORDERS ENTERED IN THE CHAPTER 11 CASES OF ENRON CORP., ET AL., BE MADE APPLICABLE TO THE NEW DEBTORS
ARTHUR J. GONZALEZ, United States Bankruptcy Judge
Upon consideration of the motion (the “Motion”) jointly filed by Enron Corp. and certain of its affiliated debtor entities (the “Debtors”) seeking entry of an order pursuant to section 105(a) of the Bankruptcy Code directing that certain orders entered in the chapter 11 cases of the Debtors be made applicable to affiliates filing petitions for relief under chapter 11 on May 30, 2003 (the “New Debtors”), and it appearing that the Court has jurisdiction to consider the Motion pursuant to 28 U.S.C. § 157 and 1334; and it appearing that the relief requested in the Motion is in the best interest of the Debtors, their estates and creditors; and it appearing that due notice of the Motion has been given and no further notice need be given; and upon the proceedings before the Court; and good and sufficient cause appearing;
IT IS HEREBY ORDERED THAT:
1. The Motion is granted except as otherwise provided herein.
2. All generally applicable orders previously entered and any generally applicable proposed orders in the Debtors’ cases, some of which are listed on Exhibit A attached to the Motion, are hereby made applicable to the New Debtors’ cases, effective as of the date of entry of such orders and as if the New Debtors’ were a Debtor referred to in said orders.; exceptthat the Final Order Authorizing the Debtors to Obtain Post-Petition Financing Pursuant to 11 U.S.C. § 105, 361, 362, 364(c)(1), 364(c)(2), 364(c)(3) and 364(d)(1), dated July 2, 2002, Enron Debtors’ Docket No. 4888 (the “Final DIP Order”) attached as Exhibit B to the Motion and as supplemented by the Order Authorizing, Pursuant to 11 U.S.C. § 105, 361, 362, 364(c)(1), 364(c)(2), 364(c)(3) and 364(d)(1), Amendment of DIP Credit Agreement To Provide For Extension of Post-Petition Financing, dated May 8, 2003, Debtors’ Docket No. 10388, (the “Amendment Order” attached as Exhibit C to the Motion, and together with the Final DIP Order, the “Final DIP Orders”) shall not be made applicable to Green Power Partners I LLC.
3. The service of the Motion, with the Final DIP Orders, is deemed adequate service of notice of the Final DIP Orders, such that under the terms of the Final DIP Orders all provisions of the Final DIP Orders, including, without limitation, those pertaining to the DIP Liens and the priority of the DIP Obligations (as defined in the Final DIP Order), shall automatically and without further action of this Court become applicable to each of the New Debtors’ cases (except to the chapter 11 case of Green Power Partners I LLC) twenty (20) days after the service date of the Motion (the “DIP Finalization Date”), unless a party in interest objects prior to the DIP Finalization Date.
4. If a party in interest does file an objection prior to the DIP Finalization Date, a hearing shall be scheduled to consider such objection.
5. Any and all other previous and subsequent orders entered in the Debtors’ chapter 11 cases having general applicability to the other Debtors are hereby made applicable to the New Debtors’ cases, effective as of entry of such orders in the Debtors’ chapter 11 cases, as if the New Debtors’ were a Debtor referred to in said orders.
6. Notwithstanding the relief granted herein, and the filing of further affiliates of the Debtors under chapter 11 of the Bankruptcy Code, in no event shall the Debtors exceed the aggregate dollar limitations contained in each of the orders listed above or agreed to on the record at the hearing held before this Court on December 3, 2001, unless otherwise ordered by this Court. Dated: June 12, 2003