Case No. 05-41108-399 Jointly Administered Under, Motion No. 701.United States Bankruptcy Court, E.D. Missouri, Eastern Division.
August 1, 2005
ORDER GRANTING SECOND MOTION FOR ORDER AUTHORIZING THE REJECTION OF NONRESIDENTIAL REAL PROPERTY LEASES
BARRY SCHERMER, Bankruptcy Judge
The Court, having considered the “Second Motion For Order Authorizing The Rejection Of Non Residential Real Property Leases” (the “Motion”)[1] filed by the Debtors and the Affidavit of Neal Restivo (the “Restivo Affidavit”) submitted in support thereof, finds that:
(i) notice of the Motion was appropriate under the circumstances;
(ii) no opposition to the Motion was filed; and
(iii) the rejection of (i) the lease agreement between Falcon Products, Inc.
(“Falcon”) and LaSalle National Bank (“LaSalle”), along with the “First Lease Amendment” thereto executed by Falcon and Merchandise Mart L.L.C., whereby Falcon leased Rooms 1194-1197A on the eleventh floor of The Merchandise Mart, a building located at Merchandise Mart Plaza, Chicago, Illinois (the “Chicago Showroom”); (ii) the lease agreement between Shelby Williams Industries, Inc. (“Shelby Williams”) and Centex Office Southpointe II, L.L.C. (“Southpointe”) whereby Shelby Williams leased from Southpointe Suite 120 on the first floor of Centex Center, a building located at 7901 S.W. 6th Court, Plantation, Florida (the “Florida Showroom”); and (iii) the lease agreement between Falcon and Unum Life Insurance Company of America (“Unum”)whereby Falcon leased from UNUM Suite #3600 of the property located at
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6301 N.W. 5th Way, Ft. Lauderdale, FL 33309 (the “Epic Offices,” and collectively with the leases for the Chicago Showroom and the Florida Showroom, the “Leases”) will benefit the Debtors’ estates and is a sound exercise of the Debtors’ business judgment.
IT IS HEREBY ORDERED that:
1. The Motion is granted as set forth below and as reflected in the record of the hearing.
2. Pursuant to 11 U.S.C. § 365(a) and Federal Rule of Bankruptcy Procedure 6006, the rejection of the Leases is approved.
3. The leases for the Chicago Showroom and the Florida Showroom are rejected as of July 31, 2005.
4. The lease for the Epic Offices is rejected as of July 30, 2005.
5. No later than three (3) business days after the date of this order, the Debtors are directed to serve a copy of the order in accordance with the Court’s order establishing notice procedures and are directed to file a certificate of service no later than two (2) business days after service.