Case No. 01-16034 (AJG), Jointly Administered, Adversary No. 01-03650.United States Bankruptcy Court, S.D. New York.
April 29, 2004
ORDER, PURSUANT TO BANKRUPTCY CODE SECTION 363 AND BANKRUPTCY RULE 9019 AUTHORIZING AND APPROVING THE SETTLEMENT OF ADVERSARY PROCEEDING BROUGHT BY R. LACY, INC.
ARTHUR GONZALEZ, Bankruptcy Judge
Upon consideration of the motion, dated April 12, 2004 (the “Motion”), filed by Enron North America Corp. (“ENA”), as debtor and debtor in possession for an order, pursuant to Section 363 of the Bankruptcy Code and Federal Rule of Bankruptcy Procedure 9019, authorizing and approving the settlement of adversary proceeding no. 01-036590, entitled R. Lacy, Inc. v. Enron North America Corp.; and it appearing that the Court has jurisdiction to consider the Motion and the relief requested therein pursuant to 28 U.S.C. § 157 and 1334; and due notice of the Motion and the hearing to be held thereon having been served to all parties entitled thereto in accordance with the Bankruptcy Rules and this Court’s Second Amended Case Management Order, and no other or further notice need be given; and the hearing having been held before this Court;
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and it appearing that the relief requested in the Motion is in the best interest of ENA, its estates and creditors; and upon the proceedings before the Court; and good and sufficient cause appearing therefor, it is
ORDERED that the Motion is granted; and it is further
ORDERED that all objections, if any, to the Motion or the relief requested therein or granted in this Order, that have not been withdrawn, waived or settled, and all reservations of rights included therein, are overruled; and it is further
ORDERED that the Settlement Agreement as described in the Motion is authorized and approved pursuant to section 363 of the Bankruptcy Code and Bankruptcy Rule 9019; and it is further
ORDERED that in the event any the description of the Settlement Agreement set forth in the Motion differs from the terms of Settlement Agreement itself, the terms of the Settlement Agreement shall control; and it is further
ORDERED that ENA is authorized to execute, deliver, implement, and fully perform any and all obligations, instruments, documents and papers and to take any and all actions reasonably necessary to consummate the Settlement Agreement and perform any and all obligations contemplated therein; and it is further
ORDERED that this Court shall retain jurisdiction over any and all disputes arising under or otherwise relating to the construction, performance and enforcement of the terms of this Order on the terms and conditions of the Settlement Agreement hereby authorized or approved.