Case No. 03-32094, (Jointly Administered)United States Bankruptcy Court, E.D. Virginia, Richmond Division
March 4, 2003
Botetourt Telephone Company a/k/a Roanoke and Botetourt Telephone Company, RB Network, Inc., Botetourt Leasing, Inc., RB Cable, Inc., The Beeper Company, Virginia PCS Alliance, L.C., West Virginia PCS Alliance, L.C. and Virginia Telecommunications Partnership.
Benjamin C. Ackerly, Michael C. Shepherd, HUNTON WILLIAMS, Richmond, Virginia, Linda Lemmon Najjoum, HUNTON WILLIAMS, McLean, Virginia, for the Debtors and Debtors in Possession.
ORDER AUTHORIZING THE DEBTORS TO (i) CONTINUE PROMOTIONAL PROGRAMS, (ii) HONOR OR PAY ALL PRE- AND POSTPETITION OBLIGATIONS ARISING FROM PROMOTIONAL PROGRAMS IN THE ORDINARY COURSE, AND (iii) HONOR OR PAY ALL PRE- AND POSTPETITION OBLIGATIONS TO CUSTOMERS ARISING FROM CUSTOMER DEPOSITS AND REFUNDS IN THE ORDINARY COURSE[2]
DOUGLAS O. TICE JR., United States Bankruptcy Judge
This matter came before the Court on the motion (the “Motion”) of the above-captioned debtors and debtors-in-possession (the “Debtors”), by proposed counsel, pursuant to Section 105(a) of the United States Bankruptcy Code, 11 U.S.C. § 101 — 1330 (the “Bankruptcy Code”), for immediate entry of an Order authorizing, but not requiring, the Debtors to (i) continue their promotional programs, (ii) honor or pay all pre- and postpetition obligations arising from such promotional programs in the ordinary course, and (iii) honor or pay all pre-and postpetition obligations to customers arising from customer deposits and refunds in the ordinary course.
It appearing to the Court that due and proper notice of the Motion has been given and that no further notice need be given; and it further appearing to the Court that the relief requested in the Motion is in the best interest of the Debtors and their bankruptcy estates; it is hereby
ORDERED that the Motion is granted; and it is further
ORDERED the Debtors are authorized, but not required, to continue the Promotional Programs; and it is further
ORDERED that the Debtors are authorized, but not required, to pay or otherwise satisfy all pre- and postpetition obligations arising from the Promotional Programs and Deposits and Refunds in the ordinary course; and it is further
ORDERED that neither this Order nor any payment or performance by the Debtors authorized hereunder shall be deemed an assumption of any executory contract with any retailer or customer or otherwise affect the Debtors’ rights under Section 365 of the Bankruptcy Code to assume or reject any executory contract with a retailer or customer; and it is further
ORDERED that the applicable banks asked to process, honor and pay any and all checks on account of prepetition Promotional Programs or Deposits and Refunds may rely on the representations of the Debtors as to which checks are issued and authorized to be paid in accordance with this Order without any duty of further inquiry and without liability for following the Debtors’ instructions; and it is further
ORDERED that the Clerk of Court shall send a copy of this Order as entered to Debtors’ counsel at the address below who will then distribute the Order to all creditors and parties in interest in these cases pursuant to the Local Bankruptcy Rules.