Case No. 04-13819, Jointly Administered.United States Bankruptcy Court, E.D. Virginia, Alexandria Division.
September 12, 2004.
Brian P. Leitch, Esq., Daniel M. Lewis, Esq., Michael J. Canning, Esq., ARNOLD PORTER LLP, Denver, Colorado, and Washington, DC, and New York, New York.
Lawrence E. Rifken, Esq. (VSB No. 29037), Douglas M. Foley, Esq., (VSB No. 34364), David I. Swan, Esq., McGUIREWOODS LLP, McLean, Virginia, Counsel to the Debtors and Debtors-in-Possession.
BRIDGE ORDER AUTHORIZING THE DEBTORS TO HONOR PREPETITION OBLIGATIONS TO CUSTOMERS AND TO OTHERWISE CONTINUE CUSTOMER PROGRAMS AND PRACTICES IN THE ORDINARY COURSE OF BUSINESS
ROBERT MAYER, Bankruptcy Judge
Upon the Motion to Expedite Hearing on “First Day Motions” and for Entry of Bridge Orders dated September 12, 2004 (the “Expedited Hearing Motion”), wherein the Debtors and debtors-in-possession in the above-captioned cases moved this Court for,
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among other things, entry of a bridge order granting the relief requested in the Debtors’ Motion to Authorize the Debtors to Honor Prepetition Obligations to Customers and to Otherwise Continue Customer Programs and Practices in the Ordinary Course of Business dated September 12, 2004 (the “Motion”)[2] on an interim basis pending the Court’s disposition of the Motion on its merits after notice and a hearing; the Court finds that (i) it has jurisdiction over the matters raised in the Expedited Hearing Motion and the Motion pursuant to 28 U.S.C. §§ 157 and 1334; (ii) this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); (iii) the relief requested in the Expedited Hearing Motion and the Motion is in the best interests of the Debtors, their estates and their creditors; (iv) proper and adequate notice of the Expedited Hearing Motion and Motion and the hearing thereon has been given and that no other or further notice is necessary; and (v) upon the record herein after due deliberation thereon good and sufficient cause exists for the granting of the relief as set forth herein. Therefore,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1. The Debtors are authorized, but not directed, in their business judgment, to (a) perform such of their obligations under the Customer Programs as they deem appropriate, and (b) continue, renew, replace, implement new and/or terminate such of the Customer Programs as they deem appropriate, in the ordinary course of business, without further application to the Court.
2. Nothing contained in this Order shall be deemed to constitute an assumption or rejection of any executory contract or agreement between the Debtors and any third party.
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3. Any payment made pursuant to this Order is not, and shall not be, deemed an admission to the validity of the underlying obligation or waiver of any rights the Debtors may have to subsequently dispute such obligation.
4. Notwithstanding the relief granted herein and any actions taken hereunder, nothing herein shall create, nor is intended to create, any rights in favor of or enhance the status of any claim held by any person.
5. This Order is effective only from the date of entry through this Court’s disposition of the Motion on its merits. The Court’s ultimate disposition of the Motion shall not impair any action taken pursuant to this Order.