GRANTING RELATED RELIEF. Upon the motion (the “Motion”),2 of the above-captioned debtors and debtors in possession (collectively, the “Debtors”) in the above-captioned chapter 11 cases (collectively, the “Chapter 11 Cases”), seeking entry of an interim order (together with all annexes, schedules and exhibits hereto, this “Interim Order”) and the Final Order (as defined below) pursuant to sections 105, 361, 362, 363(b), 363(c)(2), 364(c)(1), 364(c)(2), 364(c)(3), 364(d)(1), 364(e), 503, 506(c), and 507 of title 11 of the United States Code, 11 U.S.C. §§ 101 et seq. (the “Bankruptcy Code”), and rules 2002, 4001, 6003, 6004, and 9014 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy __________ 1 The Debtors in these chapter 11 cases and the last four digits of their U.S. taxpayer identification numbers are: California Resources Corporation (0947); California Heavy Oil, Inc. (4630); California Resources Coles Levee, L.P. (2995); California Resources Coles Levee, LLC (2087); California Resources Elk Hills, LLC (7310); California Resources Long Beach, Inc. (6046); California Resources Mineral Holdings LLC (4443); California Resources Petroleum Corporation (9218); California Resources Production Corporation (5342); California Resources Production Mineral Holdings, LLC (9071); California Resources Real Estate Ventures, LLC (6931); California Resources Royalty Holdings, LLC (6393); California Resources Tidelands, Inc. (0192); California Resources Wilmington, LLC (0263); CRC Construction Services, LLC (7030); CRC Marketing, Inc. (0941); CRC Services, LLC (6989); Monument Production, Inc. (0782); Oso Verde Farms, LLC (7436); Socal Holding, LLC (3524); Southern San Xxxxxxx Production, Inc. (4423); Thums Long Beach Company (1774); Tidelands Oil Production Company LLC (5764). The Debtors’ corporate headquarters is located at 00000 Xxxxxxx Xxxx, Xxxxx 000, Xxxxx Xxxxxxx, XX 00000. 2 All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Motion. Rules”) and Rules 2002-1, 4001-1(b), 4002-1(i) and 9013-1 of the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the Southern District of Texas (the “Bankruptcy Local Rules”) and the Procedures for Complex Chapter 11 Bankruptcy Cases (the “Complex Case Procedures”) promulgated by the United States Bankruptcy Court for the Southern District of Texas, providing, among other things:
GRANTING RELATED RELIEF. Upon the motion (the “Motion”) of the debtors and debtors in possession (the “Debtors”) in the above-captioned chapter 11 cases (the “Chapter 11 Cases”) for entry of an order (this “Order”) (i) approving the form of the Operations Transfer Agreement; (ii) authorizing the transfer of the Assets of the skilled nursing facilities known as (a) “SCC at Xxxxxxxx Hills Rehabilitation and Healthcare” located at 000 Xxxxx Xxx. 000, Xxx Xxxxxxx, 1 The Debtors in the Chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification number, are set forth in the Order (I) Directing Joint Administration of Chapter 11 Cases, and (II) Granting Related Relief [Docket No. 569] and may also be found on the Debtors’ claims agent’s website at xxxxx://xxxxxxx.xxx/SeniorCareCenters. The location of the Debtors’ service address is 000 Xxxxx Xxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, Xxxxx 00000. Texas 78251, (b) “SCC at Pecan Valley Rehabilitation and Healthcare” located at 0000 X. Xxxxxxxxxx Xxxx., Xxx Xxxxxxx, Xxxxx 00000, and (c) “SCC at Hunters Pond Rehabilitation and Healthcare” located at 0000 Xxxxxxx Xxxx, Xxx Xxxxxxx, Xxxxx 00000 (the “Facility”) from Xxxxxxxx Hills SCC LLC, Pecan Valley SCC LLC, and Hunters Pond SCC LLC (collectively, the “Transferors”) to Canary Bend Healthcare, Inc., Calavara Creek Healthcare, Inc., and Sage Terrace Healthcare, Inc. (collectively, the “New Operators”); and (iii) granting related relief, all as more fully set forth in the Motion; and upon the record of the hearing on the Motion, if any; the Court having reviewed the Motion and the Declaration of Xxxxx X’Xxxxxxxx, Chief Restructuring Officer of Senior Care Centers, LLC, in Support of Chapter 11 Petitions and First Day Pleadings [Docket No. 25] (the “First Day Declaration”); and the Court having jurisdiction over this matter pursuant to 28 U.S.C. 157 and §§ 1334(b); and the Court having found that this matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2), and that the Debtors consent to entry of a final order under Article III of the United States Constitution; and the Court having found that venue of this proceeding and the Motion in this District is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and the Court having determined that the relief requested in the Motion is in the best interests of the Debtors, their estates, their creditors, and other parties in interest; and it appearing that proper and adequate notice of the Motion has been given, under the cir...
GRANTING RELATED RELIEF. Upon the motion, dated March 31, 2010 (the “Motion”)(1) of South Street Seaport Limited Partnership, its ultimate parent, General Growth Properties, Inc. (“GGP”), and their debtor affiliates, as debtors and debtors in possession (collectively, “General Growth”), pursuant to sections 105(a) and 363 of title 11 of the United States Code (the “Bankruptcy Code”), seeking entry of an order (A) approving bidding procedures (the “Bidding Procedures”) substantially in the form attached hereto as Exhibit 1, (B) authorizing General Growth to enter into certain investment agreements (each an “Investment Agreement” and collectively, the “Investment Agreements”) with REP Investments LLC (“REP”), an affiliate of Brookfield Asset Management Inc. (“Brookfield”), Fairholme Capital Management, LLC (“Fairholme”), and Pershing Square Capital Management, L.P. (“Pershing” and together with REP and Fairholme, the “Commitment Parties”), (C) approving the issuance of the Warrants, and (D) granting related relief, all as more fully set forth in the Motion; and the Court having reviewed the Motion; and General Growth having provided notice of the Motion and Hearing (as
GRANTING RELATED RELIEF. This matter is before the Court on the Debtors’ Motion for Orders (A)(I) Authorizing and Approving Bidding Procedures; (II) Approving Notice Procedures: (III) Scheduling an Auction and Sale Approval Hearing; and (IV) Approving Procedures for Assumption and Assignment of Executory Contracts and Unexpired Leases and Determining Cure Amounts and (B)(I) Authorizing the Sale of Substantially all of the Debtors’ Assets Free and Clear of All Claims, Liens, Rights, Interests and Encumbrances; (II) Approving the Successful Bidder APA; and (III) Authorizing the Debtors to Assume and Assign Certain Executory Contracts and Unexpired Lease [Docket No. 29] (the “Motion”)1; and the Court having entered an order approving the Bidding Procedures and granting certain related relief on April 2, 2019 [Docket No. 115] (the “Sale Procedures Order”); and MNG-RE Acquisition LLC (including any permitted designee or permitted assignee under the APA) (the “Buyer”) having been deemed the Successful Bidder (as defined in the Bidding Procedures) by the Debtors pursuant to the Sale Procedures Order; and the 1 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the APA (as defined below). 1" = "1" "05/20/2019 SL1 1587149v2 113308.00001" "" 05/20/2019 SL1 1587149v2 113308.00001 Court having conducted a hearing on the Motion on May 22, 2019 (the “Sale Hearing”) at which time all interested parties were offered an opportunity to be heard with respect to the Motion; and the Court having reviewed and considered the Motion, declarations and other evidence submitted in support thereof, the Asset Purchase Agreement, dated as of May 22, 2019 by and among the Debtors and the Buyer (as amended, supplemented or otherwise modified, together with all exhibits and annexes thereto, the “APA”),2 the Sale Procedures Order, and the record of the hearing before the Court on May 22, 2019; and having heard statements of counsel and the evidence presented in support of the relief requested in the Motion at the Sale Hearing; and due notice of the Motion, the Asset Purchase Agreement and the Sale Procedures Order having been provided; and having determined that the relief requested in the Motion is in the best interests of the Debtors, their estates, their stakeholders and all other parties in interest; and the Court having jurisdiction over this matter; and the legal and factual bases set forth in the Motion and at the Sale Hearing establishing just cause for the ...
GRANTING RELATED RELIEF. [Docket No. 558];
GRANTING RELATED RELIEF. Upon the Motion, dated November 22, 2002 (the “Motion”) of Adelphia Business Solutions Operations, Inc., as debtor and debtor in possession (“ABSO” or the “Debtor”) for orders (i) authorizing, pursuant to sections 105(a), 363(b) and (f), 365(a) and 1146(c) of chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”), ABSO to conduct an auction sale (the “Auction”) of certain assets related to the Closed Markets,1 including the Sale Assets2 and the Assumed Contracts3, as set forth in the proposed Agreement, (ii) scheduling a date for the Auction, (iii) approving, pursuant to Bankruptcy Rule 6004(f)(1), the terms and conditions of the Auction, including bidding procedures and Break-Up Fee (the “Bidding Procedures”), 1 The Closed Markets are: Austin, Texas; Chicago, Illinois; Cincinnati, Ohio; Dallas, Texas; Indianapolis, Indiana; Phoenix, Arizona; San Antonio, Texas; Tri Cities, Tennessee. 2 Unless otherwise defined herein, capitalized terms shall have the meanings ascribed to them in the Motion.
GRANTING RELATED RELIEF. Upon the motion (the “Sale Motion”) [Dkt. No. 522] of the above-captioned debtors and debtors in possession (the “Debtors”), pursuant to sections 105, 363 and 365 of title 11 of the United States Code (the “Bankruptcy Code”), and Rules 2002, 6004, 6006, and 9014 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) for an order authorizing and approving (a) the sale of certain of the Debtors’ remaining assets (but excluding the Excluded Assets)2 used in connection with and arising out of the operation of the Business conducted at the San Diego Studio, and (b) the assumption and assignment of certain executory contracts in connection therewith; and the Court having reviewed and considered (i) the Sale Motion and all 1 The Debtors are: Midway Games Inc., Midway Home Entertainment Inc., Midway Amusement Games, LLC, Midway Interactive Inc., Surreal Software Inc., Midway Studios — Austin Inc., Midway Studios — Los Angeles Inc., Midway Games West Inc., Midway Home Studios Inc., and Midway Sales Company, LLC. 2 All capitalized terms not otherwise defined in this Order have the meanings ascribed to such terms in the Sale Motion or the Purchase Agreement, as applicable. In the event of any inconsistency between the use of capitalized terms in the Sale Motion and Purchase Agreement, the Purchase Agreement shall control. relief related thereto, (ii) any objections thereto, (iii) the terms of the agreement relating to the purchase of certain of the Excluded Assets (hereafter, the “Purchased Assets”), as described in and pursuant to the terms and conditions of that certain Asset Purchase Agreement dated as of September 16, 2009 (collectively with all schedules and exhibits thereto, and all ancillary agreements, the “Purchase Agreement”) by and between Midway Games Inc., Midway Studios — Los Angeles Inc., and Midway Home Entertainment, Inc., as sellers (the “Sellers”), and SouthPeak Interactive Corporation (the “Purchaser”), a true and correct copy of which is attached hereto as Exhibit A and (iv) the Court having heard the statements of counsel and the evidence presented in support of the relief requested by the Sale Motion at the hearings before the Court on August 18 and 19, 2009 (collectively, the “Sale Hearing”); and the Court having jurisdiction to consider and determine the Sale Motion as a core proceeding in accordance with 28 U.S.C. §§ 157(b) and 1334; and due notice of the Sale Hearing and the Sale Motion having been provided, and it appearing ...
GRANTING RELATED RELIEF. (Docket No. 715) 1 The Reorganized Debtor in this case, along with the last four digits of the Reorganized Debtor’s federal tax identification number, is LGA3 Corp. (1505). The Reorganized Debtor's mailing address is P.O. Box 10060, Toledo, Ohio 43699-0060. References to docket numbers contained herein are references to the chapter 11 docket in Libbey Glass Inc.’s chapter 11 case, Case No. 20-11439 (LSS).
GRANTING RELATED RELIEF. [Docket No. 572], as may be amended, restated, supplemented, or otherwise modified from time to time.
GRANTING RELATED RELIEF. THIS CAUSE came before the Court for hearing on , 2017, on the Joint Motion (the “Motion”) of the Plaintiff City of Port Saint Lucie, Florida (the “City”), Xxxxxxx X. Xxxxx, Senior Director of Xxxxxxx & Marsal Public Sector Services, LLC (the “Current Receiver”), as the receiver of Defendant Vaccine and Gene Therapy Institute of Florida Corporation (“VGTI”), Plaintiff Intervenor UMB Bank, National Association (the “Trustee”), as successor indenture trustee, and Intervenor State of Florida, Department of Economic Opportunity (“DEO”) seeking the entry of an order (i) amending and restating the Corrected Order Appointing Receiver Over Defendant and Mortgaged Property (the “Corrected Order”), entered on April 5, 2016, (ii) approving the Transfer Agreement, dated as of , 2017, among the City, VGTI, and the Trustee, attached to the Motion as Exhibit A, (iii) authorizing and directing the conveyance of the Transferred Assets to the City, (iv) approving the Term Sheet, attached to the Motion as Exhibit B, relating to the disposition of the Separately Secured Property, and (v) granting related relief. Capitalized terms used but not defined in this Order have the meanings given in the Motion and the Transfer Agreement, as the context requires. The Court has considered the evidence presented, heard argument of counsel and is otherwise fully advised in the premises. Based upon the foregoing, for the reasons stated in the Motion and for the additional reasons stated in open court, which shall constitute the findings, conclusions, and decision of the Court, IT IS HEREBY FOUND AND DETERMINED THAT:1
