Case No. 03-46591 (DML) 11 Jointly Administered.United States Bankruptcy Court, N.D. Texas, Fort Worth Division.
November 17, 2004
ORDER GRANTING DEBTORS’ MOTION PURSUANT TO 11 U.S.C. § 363(b) FOR ORDER AUTHORIZING DEBTOR SHADY HILLS POWER COMPANY, L.L.C. TO ENTER INTO AND PERFORM UNDER A TOLLING AGREEMENT WITH FLORIDA POWER CORPORATION
DENNIS MICHAEL LYNN, Bankruptcy Judge
Upon the motion, dated October 20, 2004, (the “Motion”)[1] of Mirant Corporation (“Mirant”) and its affiliated debtors, as debtors and debtors-in-possession (collectively, the “Debtors”), for authority to enter into and perform its obligations under the FPC Tolling Agreement entered into with Florida Power Corporation d/b/a Progress Energy Florida, Inc. (“FPC”) pursuant to 11 U.S.C. § 363(b); and it appearing that the Court has jurisdiction over this matter; and it appearing that due notice of the Motion has been provided, and that no other or further notice need be provided; upon all of the proceedings had before the Court; and after due deliberation and sufficient cause appearing therefor,
IT IS HEREBY:
ORDERED that the Motion is GRANTED; it is further
ORDERED that the Debtors are authorized to enter into and perform their obligations under the FPC Tolling Agreement; it is further
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ORDERED that the Debtors are authorized to enter into and/or execute contracts, instruments or agreements reasonably necessary to consummate their obligations under the FPC Tolling Agreement.
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