ARTHUR GONZALEZ, Bankruptcy Judge
RECITALS
WHEREAS, commencing on December 2, 2001 (the "Petition Date") and periodically thereafter, Enron Corp. and certain of its affiliated entities (collectively, the "Debtors") each filed a voluntary petition for relief under chapter 11 of title 11 of the United States Code (the "Bankruptcy Code");
WHEREAS, Commencing December 2, 2001 (the "Petition Date") and periodically thereafter, the Debtors filed voluntary petitions for relief under chapter 11 of title 11 of the United States Code (the "Bankruptcy Code"). The Debtors continue to be authorized to operate their businesses and manage their properties as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. The Debtors' chapter 11 cases have been procedurally consolidated for administrative purposes;
WHEREAS, on December 12, 2001, in accordance with section 1102 of the Bankruptcy Code, the United States Trustee for the Southern District of New York appointed a statutory committee of unsecured creditors (the "Creditors' Committee") for the Debtors' chapter 11 cases. The Creditors' Committee has been reconstituted from time to time;
WHEREAS, the Debtors have filed their Fifth Amended Joint Plan of Affiliated Debtors Pursuant to Chapter 11 of the United States Bankruptcy Code, (the "Plan") and accompanying Disclosure Statement for Fifth Amended Joint Plan of Affiliated Debtors Pursuant to Chapter 11 of the United States Bankruptcy Code, (the "Disclosure Statement");
WHEREAS, on January 9, 2004, the Court entered an order, inter alia, approving the Disclosure Statement as containing sufficient information to allow a holder of claims against or interests in the Debtors to vote for or against the Plan and establishing solicitation procedures with respect thereto (Docket No. 15303, the "Solicitation Procedures Order");
WHEREAS, on January 9, 2004, the Court entered an order, inter alia, establishing voting procedures in these Chapter 11 Cases (Docket No. 15296, the "Voting Procedures Order");
WHEREAS, Northern Natural Gas (the "Creditor") filed claim number 23687 on August 28, 2003, (the "Claim") against Risk Management Trading Corp. ("RMTC" or the "Debtor");
WHEREAS, the Claim filed by the Creditor was docketed as a secured claim and, absent further order of the Court, the Claim is not entitled to vote on the Plan pursuant to the Voting Procedures Order;
WHEREAS, RMTC (the "Stipulating Debtor") and the Creditor (collectively, the "Parties") have agreed that the Claim should have been docketed as set forth in this Stipulation;
WHEREAS, the Parties agree that this Stipulation only affects the docketing of the Claim, and the Parties reserve their rights with respect to the treatment of the Claim for all other purposes;
NOW, THEREFORE, in consideration of the forgoing the Parties, by their undersigned counsel, stipulate and agree as follows:
AGREEMENT
1. The Recitals are fully incorporated herein by reference.
2. The Claim shall be docketed as an unsecured claim against RMTC for $7,026,684.96, and such Claim shall be solicited by the Stipulating Debtor using the applicable procedures, ballots and voting instructions set forth in the Solicitation Procedures Order.
3. Solicitation Packages (as defined in the Solicitation Procedures Order) shall be mailed by Innisfree (as defined below) on or before March 18, 2004.
4. All ballots must be received by the Debtors' solicitation and tabulation agent ("Innisfree") by March 24, 2004 at 5 p.m. (New York City Time) in order for such ballots to be counted for or against the Plan
5. This Stipulation only affects the docketing of the Claim, and the Parties reserve their rights with respect to the treatment of the Claim for all other purposes.
6. This Stipulation and Order shall become effective and binding as of entry of this Stipulation and Order on the docket as "so ordered" by the Court. In the event that this Stipulation and Order is not approved by the Court, it shall be null and void and have no force or effect.
7. The Parties agree that this Stipulation and Order shall be of no evidentiary value whatsoever in any other proceedings.
8. This Court shall retain jurisdiction with respect to any and all issues or disputes that may arise in connection with this Stipulation.
9. This Stipulation shall be governed by, construed and enforced in accordance with the laws of the State of New York.
10. This Stipulation sets forth the entire understanding of the Parties hereto and is intended to be the complete and exclusive statement of the terms thereof and may not be modified or amended except by a writing signed by all the Parties hereto, which shall be so-ordered by the Court.
11. This Stipulation and Order may be executed in any number of counterparts and shall constitute one agreement, binding upon all Parties thereto as if all Parties signed the same document; all facsimile signatures shall be treated as originals for all purposes.
SO ORDERED.