Case No. 301-12036, Jointly AdministeredUnited States Bankruptcy Court, M.D. Tennessee, Nashville Division
April 19, 2002
GARY M. BROWN, CHARLES K. GRANT, DINSMORE SHOHL LLP, Nashville, TN., and KIM MARTIN LEWIS, TIM J. ROBINSON, DINSMORE SHOHL LLP, Cincinnati, Ohio, Attorneys for Debtors and Debtors-in-possession
CHARLES M. WALKER, WYATT, TARRANT COMBS LLP, Nashville, TN., Attorney for Weingarten Realty Investors.
AGREED ORDER RESOLVING THE OBJECTION OF WEINGARTEN REALTY INVESTORS TO DEBTORS’ NOTICE OF AMOUNT OF PROPOSED CURE PAYMENTS
KEITH M. LUNDIN, United States Bankruptcy Judge.
This matter having come before the Court upon the Objection (the “Objection”) of Weingarten Realty Investors (“Weingarten”) to the Debtors’ Notice of Amount of Proposed Cure Payments, filed on January 19, 2002 (the “Notice”), pursuant to the procedures for fixing cure amounts previously approved by this Court, the Court having considered the Notice and the Objection; and it appearing to the Court, after due consideration, that the parties have agreed to a resolution of such Objection; and that no other or further notice of the entry of this Order being necessary or required, and after due deliberation and sufficient cause appearing therefor:
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that
1. The Objection of Weingarten to the Debtors’ Notice is fully resolved on the terms set forth herein. The Debtors and Weingarten have agreed that the total monetary cure amount due to Weingarten in the event the Debtors seek to assume or assume and assign the lease for Unit No. 2032, the Black-eyed Pea restaurant located at 5455 Phelan, Beaumont, Texas shall be $16,142.49 and that the total monetary cure amount due to Weingarten for Unit No. 2009, the Black-eyed Pea restaurant located at 3800-A Spencer, Pasadena, Texas shall be $3,996.69. These cure amounts do not include any amounts (a) in respect of future obligations under the above-described leases, or (I, ) that may otherwise be owed by the Debtors to Weingarten, other than for obligations that would constitute cure claims under section 365 of the Bankruptcy Code.
2. To the extent that all or part of this figure represents real or personal property taxes, the Debtors acknowledge that they shall pay or cause to be paid all real and/or personal property taxes in connection with the closing and consummation of any Court-approved sale of the premises and/or personal property subject to the leases referenced in Weingarten’s Objection and the assumption and assignment of such lease to the successful bidder and Court-approved purchaser. Such payment will be made either to Weingarten as a part of the above-described cure payment or directly to the appropriate taxing authority as a normal closing adjustment, as may be required under the lease between Weingarten and the Debtors and as state law may direct.
3. To the extent the Debtors make or cause to be made payment of state or local taxes directly to the appropriate taxing authority or authorities, the above-described monetary cure payment shall be reduced by the amount of such taxes paid.