Case No. 01-16034 (AJG), Jointly Administered.United States Bankruptcy Court, S.D. New York.
April 12, 2005
ORDER DEEMING WESTLB AG, NEW YORK BRANCH’S PROOF OF CLAIM WITHDRAWN
ARTHUR GONZALEZ, Bankruptcy Judge
Upon the Notice of Presentment, dated March 29, 2005, filed by WestLB AG, New York Branch (formerly known as Westdeutsche Landesbank Girozentrale, New York Branch, “WestLB”); and on or about October 15, 2002, WestLB having filed its proof of claim, identified as claim number 13676 (the “WestLB Claim”), alleging a claim in the aggregate of $44,280,945.00 on account of that certain Guaranty Agreement dated September 30, 1999 with the above-captioned debtors (the “Debtors”), in favor of WestLB in its capacity as administrative agent under that certain Reimbursement Agreement dated September 30, 1999 (for the period that it was acting in that capacity), and in its capacity as issuing bank and participating bank with respect to that certain Letter of Credit dated September 30, 1999; and the Debtors having objected to the WestLB Claim in the Reorganized Debtors’ Eighty-First Omnibus Objection to Proofs of Claims (No Amount Due Per Debtors’ Books and Records and Insufficient Proof) filed on or about February 25, 2005; and WestLB seeking to withdraw the WestLB Claim pursuant to Rule 3006 of the Federal Rules of Bankruptcy Procedure without prejudice to proofs of claim filed individually by other banks for their commitments as participating
Page 2
banks under the Reimbursement Agreement; and notice of this order having been provided to all parties on the master service list in the above-captioned cases, and such notice being adequate; and no objections to the entry of this order having been filed; it is therefore
ORDERED, that the WestLB Claim is withdrawn.