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IN RE FV STEEL WIRE COMPANY
ORDER UNDER SECTION 365(a) OF THE BANKRUPTCY CODE AUTHORIZING THE DEBTORS TO REJECT CERTAIN UNEXPIRED LEASES ENTERED INTO WITH RYDER TRUCK RENTAL, INC. RELATED TO RYDER UNIT NUMBERS 915339 AND 586873
SUSAN KELLEY, Bankruptcy Judge
Upon the motion (the "Motion") of the debtors and debtors in possession in the above-captioned chapter 11 cases (collectively, the "Debtors") seeking entry of an order authorizing the Debtors to reject certain unexpired leases entered into with Ryder Truck Rental, Inc. related to Ryder Unit Numbers 915339 and 586873; and it appearing that the relief requested is essential to the continued operation of the Debtors' business and is in the best interest of the Debtors' estates and creditors; and it appearing that this Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334; and it appearing that this Motion is a core proceeding pursuant to 28 U.S.C. § 157; and adequate notice of the Motion having been given; and it appearing that no other notice need be given; and after due deliberation and sufficient cause appearing therefore, it is hereby:
Capitalized terms not defined herein shall have the same meaning ascribed in the Motion.
ORDERED that the Motion is granted in its entirety; and it is further
ORDERED that the Tractor Lease (related to unit number 915339) and the First Trailer Lease (related to unit number 586873) shall be deemed rejected effective as of the filing of the Motion and the tractor governed by the Tractor Lease and trailer governed by the First Trailer Lease will be made available for pickup at the Debtors' Sherman, Texas location; and it is further
ORDERED that the Debtors do not waive any claims that they may have against any of the counter-parties to the Proposed Rejected Leases, whether or not related to the rejection of the Proposed Rejected Leases; and it is further
ORDERED that the Debtors are authorized to take all actions necessary to effectuate the relief granted pursuant to this Order in accordance with the Motion; and it is further
ORDERED that the deadline by which time the counter-parties to the Proposed Rejected Leases shall file proofs of claims relating to the rejection of the Proposed Rejected Leases shall be the later of (a) the claims bar date established in the Debtors' Chapter 11 Cases or (b) thirty (30) days after the entry of this Order; and it is further
ORDERED that if a proof of claim for the rejection of the Proposed Rejected Leases is not timely filed in accordance with this Order, such claim shall be forever barred; and it is further
ORDERED that within three business days after the entry of this Order, the Debtors will serve a copy of this Order on: (a) the Core Group as defined in the current case management procedures; (b) those parties who have filed and not withdrawn requests for notices under Bankruptcy Rule 2002; and (c) the non-Debtor counter-parties to the Proposed Rejected Leases; and it is further
ORDERED that this Court shall retain jurisdiction to hear and determine all matters arising from or related to the implementation of this Order.
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