Case No. 01-16034 (AJG), Jointly Administered.United States Bankruptcy Court, S.D. New York.
November 29, 2005
WEIL, GOTSHAL MANGES LLP, Martin J. Bienenstock (MB 3001), Brian S. Rosen (BR 0571), New York, New York, Attorneys for the Reorganized Debtors.
ORDER APPROVING THE SUPPLEMENTAL ALLOCATION
ARTHUR GONZALEZ, Bankruptcy Judge
Pursuant to the Notice of Proposed Supplemental Allocation, dated November 9, 2005 (the “Notice”), of Enron Corp. (“Enron”) and its affiliated debtor entities, as debtors and debtors in possession (collectively, the “Debtors” and, as reorganized, the “Reorganized Debtors”), for an order approving the allocation of Reserved Funds (i) made during the period from September 30, 2004 up to and including November 17, 2004 (the “Supplemental Allocation”), which were not otherwise included in the Reorganized Debtors’ motion, pursuant to Section 42.2 of the Supplemental Modified Fifth Amended Joint Plan of Affiliated Debtors Pursuant to Chapter 11 of the United States Bankruptcy Code, approving the allocation of Reserved Funds, dated November 15, 2004 (the “Allocation Motion”),[1] and the order, dated January 20, 2005, approving the Allocation Motion (the “Allocation Order”), (ii) pursuant t o
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Sale/Settlement Orders which could have been included in the Allocation Motion but, due to certain circumstances, were not included, and (iii) pursuant to certain Sale/Settlement Orders entered by the Court on December 2, 2004 in respect of motions, filed just prior or subsequent to the Effective Date, for approval of settlements of Wholesale and Retail Trading Contracts where the Reserved Funds are allocated to a single entity; and it appearing that the Court has jurisdiction to consider the Notice and the relief requested therein pursuant to 28 U.S.C. §§ 157 and 1334; and it further appearing that due and proper notice of the Notice and the relief requested therein having been given in accordance with, among other things, the Allocation Order and the Court’s Second Amended Case Management Order Establishing, Among Other Things, Noticing Electronic Procedures, Hearing Dates, Independent Website and Alternative Methods of Participation at Hearings, dated December 17, 2002, and no other or further notice need be given; and good and sufficient cause appearing,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
1. The Supplemental Allocation is hereby approved.
2. The Reorganized Debtors are authorized to effectuate the Supplementa l Allocation.
3. The Reserved Funds allocated in the Supplemental Allocation shall vest in the respective Reorganized Debtors or any of the Enron Affiliates designated in the Supplemental Allocation, free and clear of all liens and in accordance with section 1141 of the Bankruptcy Code, and shall be subject to distribution in accordance with the provisions of the Plan and the terms of the Allocation Order.
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4. No person or entity shall take any action to prevent, interfere with, or otherwise enjoin consummation of the transactions contemplated in accordance with the Supplemental Allocation.
5. The provisions of this Order are nonseverable and mutually dependent.
6. The Court shall retain exclusive jurisdiction (a) to resolve any disputes, controversies, or claims arising out of or relating to the Supplemental Allocation and (b) to interpret, implement, and enforce the provisions of this Order.
7. Entry of this order is without prejudice to the Reorganized Debtors’ right to seek approval of a subsequent Notice of Proposed Allocation made in accordance with the Allocation Order.