Case No. BK-N-01-31627United States Bankruptcy Court, D. Nevada
August 1, 2001
Jennifer A. Smith, Etta L. Walker, LIONEL SAWYER COLLINS, Rena, NV, David S. Kurtz, Timothy R. Pohl, SKADDEN, ARPS, SLATE, MEAGHER
FLOM (ILLINOIS), Chicago, IL, Gregg M. Galardi, Eric M. Davis, SKADDEN, ARPS, SLATE, MEAGHER FLOM LLP, Wilmington, DE, Attorneys for the Debtors and Debtors-in-Possession
ORDER UNDER 11 U.S.C. § 365 AND FED. R. BANKR. P. 6006 AUTHORIZING DEBTORS TO ASSUME EXECUTORY CONTRACTS WITH THE FEDERAL GOVERNMENT
GREGG W. ZIVE, United States Bankruptcy Judge
Upon the motion, dated June 26, 2001 (the “Motion”),[1] of the above-captioned debtors and debtors-in-possession (the “Debtors”), for entry of an order under 11 U.S.C. § 365 and F.R.Bankr.P. 6006
authorizing the Debtors to assume all existing executory contracts (the “Government Contracts”) with the United States Federal government; and the Court having considered the Motion; and the Court having considered Declaration of Reed N. Brimhall in Support of Motion for Order under 11 U.S.C. § 363 and Fed.R.Bank.P. 6004 Authorizing Debtors to Assume Executory Contracts with the Federal Government; and upon the record herein; and after due deliberation thereon; no objections thereto having been filed; and good cause appearing therefor; it is hereby
FOUND THAT:
A. The relief requested in the Motion is in the best interests of the Debtors, their estates, their creditors and other parties-in-interest.
B. Proper and adequate notice of the Motion has been given and no other or further notice is necessary.
C. The Debtors have exercised sound business judgment and have satisfied the requirements of 11 U.S.C. § 365 in deciding to assume the Government Contracts; and it is therefore,
ORDERED, ADJUDGED AND DECREED THAT:
1. The Motion is GRANTED.
2. The Debtors are authorized under 11 U.S.C. § 365 to assume, and are hereby deemed to have assumed the Government Contracts.
3. The Debtors and their respective officers, employees and agents are hereby authorized and directed to execute such documents and do such acts as are necessary or desirable to consummate the assumption of the Government Contracts.
4. This Court shall retain jurisdiction to decide any disputes arising between the Debtors and the Government with respect to this Order.