Case No. 03-46590 (DML), Jointly Administered.United States Bankruptcy Court, N.D. Texas, Fort Worth Division.
September 29, 2004
Bobbitt Noel, VINSON ELKINS, LLP, Counsel for Algonquin Gas Transmission, LLC, formerly known as Algonquin Gas Transmission Company.
Jason Schauer, WHITE CASE, LLP, Counsel for the Debtors.
AGREED ORDER GRANTING MOTION OF DEBTORS TO REJECT SERVICE AGREEMENT BETWEEN ALGONQUIN GAS TRANSMISSION COMPANY AND MIRANT CANAL, LLC
DENNIS MICHAEL LYNN, Bankruptcy Judge
Upon the motion,[1] dated September 3, 2004 (the “Motion”) of Mirant Corporation (“Mirant”) and its affiliated debtors, as debtors and debtors-in-possession (collectively, the “Debtors”), for authority to reject the Service Agreement (Applicable to Rate Schedule AFT-CL) (Contract No. 95500R1) dated January 1, 1999 between Algonquin Gas Transmission Company and Mirant Canal, LLC, successor in interest to Southern Energy Canal, LLC (the “Contract”), pursuant to section 365 of title 11 of the United States Code, 11 U.S.C. §§ 101–1330, as amended (the “Bankruptcy Code”); 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,
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IT IS HEREBY:
ORDERED, that the Motion is hereby GRANTED; it is further
ORDERED, that the Contract is rejected effective as of the date this Order is entered; it is further
ORDERED, that nothing herein shall be construed to constitute a termination of the Contract, and the parties reserve all rights as to whether the Contract has been terminated; it is further
ORDERED that, pursuant to the Order Pursuant To Bankruptcy Rule 3003(c) For Entry Of An Order (1) Establishing A Bar Date For Filing Certain Proofs Of Claim; (II) Establishing Ramifications For Failure To Comply Therewith; (III) Approving Proof Of Claim Form And Consolidated Notice Of (A) Case Commencement, (B) Bar Date, and (C) Meeting Of Creditors Under Section 341(a) of the Bankruptcy Code; And (IV) Approving Notice And Publication Procedures, entered on August 21, 2003, the last date to file a timely proof of claim against the Debtors arising from the rejection of the Contract is the first business day that is at least thirty (30) calendar days after the mailing of the notice of entry of this Order.
IT IS SO ORDERED.
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