Case No. 02-13533 (AJG), (Jointly Administered)United States Bankruptcy Court, S.D. New York.
April 15, 2003
STIPULATION AND ORDER
ARTHUR J. GONZALEZ, United States Bankruptcy Judge
TO THE HONORABLE ARTHUR J. GONZALEZ UNITED STATES BANKRUPTCY JUDGE:
This Stipulation and Order is entered into among Debtors, WorldCom, Inc., including UUNET Technologies, Inc. (“UUNET”), and Call-Net Carrier Services, Inc. (“Call-Net”).
WHEREAS, on July 21, 2002 (the “Commencement Date”) and November 8, 2002, WorldCom, Inc. (“WorldCom”) and certain of its direct and indirect subsidiaries (collectively, the “Debtors”), including UUNET commenced cases under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”). By Orders dated July 22, 2002 and November 12, 2002, the Debtors’ chapter 11 cases have been consolidated for procedural purposes. The Debtors continue to operate their businesses and manage their properties as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code; and
WHEREAS, on February 19, 2003, the Debtors filed a motion requesting the Court’s approval to reject a certain UUNET Backbone Circuit Order, Number 47132 dated June 16, 2000 (the “Circuit Order”) between, UUNET and Call-Net; and
WHEREAS, on March 14, 2003, Call-Net filed its objection to Debtors’ motion; and
WHEREAS, as of March 27, 2003, UUNet and Call-Net have mutually agreed to amend the Circuit Order to provide that it shall terminate by its own terms on May 31, 2003 (the “Termination Date”).
IT IS HEREBY ORDER THAT:
1. Debtors’ motion and Call-Net’s objection thereto are withdrawn; and
2. UUNet shall pay all amounts that have arisen or may arise through the Termination Date owing to Call-Net under the Circuit Order according to its terms in the ordinary course of business; and the failure to make any such payment shall result in any such amounts owing being deemed an allowed administrative expense pursuant to section 503(b)(1)(A) of the Bankruptcy Code; and
3. Except as otherwise provided for herein, Call-Net hereby releases and discharges the Debtors for all claims (as defined in section 101(5) of the Bankruptcy Code), damages and causes of action of whatever kind and nature (including any claims for attorney’s fees), whether known or unknown, fixed or contingent, matured or unmatured, liquidated or unliquidated or otherwise, in each case arising from or related to, the termination of the Circuit Order, in accordance with its terms as amended; and
4. Except as expressly set forth in this Order, this Order is without prejudice to any rights, duties, obligations or remedies that the parties hereto may have under that certain Telecommunication Services Agreement, dated January 1, 2002, by and between WorldCom Canada Ltd. and Call-Net.
5. So long as the Debtors fully comply with the terms of this Order, neither the Debtors nor WorldCom Canada, Ltd. (“WorldCom Canada”) shall have any further obligations to Call-Net in respect of the Circuit Order; and
6. So long as Call-Net fully complies with the terms of this Order, Call-Net shall not have any further obligations to the Debtors or WorldCom Canada in respect of the Circuit Order.
SO ORDERED