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IN RE FALCON PRODUCTS, INC. (Bankr.E.D.Mo. 2005)
BARRY SCHERMER, Bankruptcy Judge
The Court, having considered the "Motion For Order Authorizing Debtors To Enter Into `Termination Protection Agreement' With Jeff M. O'Hara" (the "Motion") filed by the Debtors, the Affidavit of Neal Restivo (the "Restivo Affidavit") submitted in support thereof, and the "Termination Protection Agreement" annexed as Exhibit "1" to the Restivo Affidavit, finds that:
Terms not otherwise defined herein shall have the same meaning ascribed to them in the Motion.
(i). notice of the Motion was appropriate under the circumstances;
(ii). the Official Committee of Unsecured Creditors has withdrawn its objection; and
(iii) good cause has been shown for the relief requested in the Motion.
IT IS HEREBY ORDERED that:
1. The Motion is granted as set forth below and as reflected in the record of the hearing.
2. The terms of the Termination Protection Agreement are approved.
3. Sellers Josephson, Inc. is authorized to enter into the Termination Protection Agreement and perform thereunder as necessary.
4. No later than three (3) business days after the date of this order, the Debtors are directed to serve a copy of the order in accordance with the Court's order establishing notice procedures and are directed to file a certificate of service no later than two (2) business days after service.
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