Bankr. P. 2002, 0004 AND 9014 APPROVING (A) BIDDING PROCEDURES, (B)
Bankr. PROC. 6004(G); AND (5) AUTHORIZING THE DEBTORS TO PAY THE PROCEEDS OF SALE TO SECURED LENDERS. Date: February 26, 2001 Time: 9:00 a.m. Place: U.S. Bankruptcy Court 0000 Xxxx Xxxxxx, Xxxxxxx, XX Courtroom 201, Judge Xxxxxx Xxxxxxxxxxx -------------------------------------------------------------------------------- THIS MATTER CAME BEFORE THE COURT beginning on February 26, 2001 and continuing through February 28, 2001, on the Motion for Order Authorizing the Debtors' Sale of Assets Through Going-out-of-Business Sales Free and Clear of Liens Pursuant to Bankruptcy Code Sections 363(b) and (f); Waiving the Requirements of Federal Rule of Bankruptcy Procedure 6004(g); Authorizing the Debtors to Pay Certain Proceeds of the Sales to Their Secured Lenders; and Approving the Liquidation Budget (the "Motion");(1) filed herein by debtor and debtor-in-possession Natural Wonders, Inc. ("Natural Wonders") and debtor and debtor in possession World of Science, Inc. ("World of Science," and collectively with Natural Wonders, the "Debtors"). Xxxxxxx X. Xxxxxx and Xxxxxxxxx Xxxxxxx of the law firm of Sheppard, Mullin, Xxxxxxx & Xxxxxxx XXX appeared on behalf of the Debtors. Other appearances were as noted on the record. The Court has considered the Motion, the declarations filed in support of the Motion together with the exhibits thereto, the oppositions to the Motion ("Oppositions") together with the declarations submitted in support of the oppositions, the Debtors' reply to the Oppositions, the evidence presented and the representations of counsel at the hearing on the Motion. Based on the foregoing and the proofs of service filed herein, the Court finds that notice of the Motion is sufficient under the circumstances and that it is in the best interests of these estates and their creditors that the Debtors conduct an orderly, professionally supervised going out of business sale. The Court has stated its findings of fact and conclusions of law on the record. Accordingly, the Court hereby orders as follows:
Bankr. Pro. 7052. Case 2:11-bk-13454-PC Doc 344 Filed 07/01/11 Entered 07/01/11 12:05:09 Desc Main Document Page 4 of 35 1 Debtor’s chapter 11 case and the Sale Motion is proper in this district under 28 U.S.C. §§ 1408 and 2 1409(a).
Bankr. Proc. 2002 and 6004, the Sale Procedures Order, and the Agreement. The foregoing notice constitutes good and sufficient notice of the Motion, the Auction, and the Hearing, and no other or further notice of the Motion, the Auction, the Hearing or the entry of this Order need be given.
Bankr. P. 2002, 6004, 6006, and 9014 (the "Sale Order") authorizing (i) the sale (the "Sale") by The Top-Flite Golf Company ("Top-Flite") and Lisco Sports, Inc. ("Lisco") of the Assets pursuant to and as described in the Asset Purchase Agreement, dated as of June __, 2003 (the "Agreement"),(2) between Top-Flite and Callaway Golf Company (the "Purchaser"), (ii) the Debtors' assumption and assignment to the Purchaser of the Assumed Contracts, pursuant to and as described in the Agreement, and (iii) the assumption by the Purchaser of certain liabilities of Top-Flite (the "Assumed Liabilities"), pursuant to and as described in the Agreement; and the Court having entered an order on July __, 2003 (the "Procedures Order") approving (i) the
Bankr. P. 2002, 6004 and 9014 and in compliance with the Procedures Order to each party entitled thereto, (ii) such notice was good and sufficient, and appropriate under the particular circumstances, and (iii) no other or further notice of the Motion, the Sale Hearing, the Auction, or the assumption and assignment of the Assumed Contracts is or shall be required.
Bankr. P. 4001, AUTHORIZING DEBTOR TO OBTAIN AND INCUR POST-PETITION FINANCING AND POST-PETITION INDEBTEDNESS WITH SUPERPRIORITY OVER CERTAIN ADMINISTRATIVE EXPENSES AND A SECURITY INTEREST IN LETTER OF CREDIT CASH COLLATERAL ACCOUNT BEST PRODUCTS CO., INC. ("Best"), having filed with this Court a voluntary petition for relief under chapter 11 of title 11 of the United States Code on September 24, 1996 (the "Filing Date"); and having filed a motion, dated September 25, 1996, pursuant to 11 U.S.C. Section 364(c) (1) and (2) and Fed. R. Bankr. P. 4001 (the "Motion"), for an order, inter alia:
Bankr. P. 6004 And 9019 Appxxxxxg Memorandum Of Understanding Among UAW, Delphi, And General Motors Corporation Including Modification Of UAW Collective Bargaining Agreements And Retiree Welfare Benefits For Certain UAW-Represented Retirees (Docket No. 8693, July 19, 2007) (the "par rights offering"); provided, that Appaloosa (in its capacity as a stockholder of Delphi) shall agree not to participate in the par rights offering and shall use commercially reasonable efforts to
