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IN RE WORLDCOM, INC. (Bankr.S.D.N.Y. 2003)
ORDER APPROVING DEBTORS' MOTION PURSUANT TO SECTION 365(a) OF THE BANKRUPTCY CODE AND RULE 6006 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE FOR APPROVAL OF REJECTION OF AN EXECUTORY CONTRACT WITH METROMEDIA FIBER NETWORK SERVICES, INC.
ARTHUR J. GONZALEZ, United States Bankruptcy Judge.
A hearing having been held on February 4, 2003 (the "Hearing") to consider the motion (the "Motion") of WorldCom, Inc. and certain of its direct and indirect subsidiaries, as debtors and debtors in possession (collectively, the "Debtors"), for an order pursuant to section 365(a) of title 11 of the United States Code (the "Bankruptcy Code") and Rule 6006 of the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Rules") authorizing the Debtors to reject the Fiber Optic Private Network Agreements and Fiber Optic Private Network Agreement Product Orders by and between Metromedia Fiber Network Services, Inc. and Intermedia Communications, Inc. (the "Agreements and Orders"), a list of which is annexed hereto as Exhibit A, as more fully described in the Motion; and the Court having jurisdiction to consider the Motion and the relief requested therein pursuant to 28 U.S.C. § 157 and 1334 and the Standing Order of Referral of Cases to Bankruptcy Court Judges of the District Court for the Southern District of New York, dated July 19, 1984 (Ward, Acting C.J.); and consideration of the Motion and the relief requested therein being a core proceeding pursuant to 28 U.S.C. § 157(b); and venue being proper before this Court pursuant to 28 U.S.C. § 1408 and 1409; and due and proper notice of the Motion having been provided pursuant to this Court's case management order dated July 29, 2002, and no other or further notice need be provided; and the relief requested in the Motion being in the best interests of the Debtors and their estates and creditors; and the Court having reviewed the Motion and having heard the statements in support of the relief requested therein at the Hearing; and the Court having determined that the legal and factual bases set forth in the Motion and at the Hearing establish just cause for the relief granted herein; and upon all of the proceedings had before the Court and after due deliberation and sufficient cause appearing therefor, it is
ORDERED that the Motion is granted; and it is further
ORDERED that, pursuant to section 365(a) of the Bankruptcy Code and Rule 6006 of the Bankruptcy Rules, the rejection of the Agreements and Orders as of the date of the Motion is hereby approved; and it is further
ORDERED that the Debtors shall pay to MFN $157,317.50 in full satisfaction of any claim for an administrative expense arising from or in connection with the rejection of the Agreements and Orders; and it is further
ORDERED that MFN shall have 45 days from the date hereof to file any claim for damages arising from the rejection of the Agreements and Orders; and it is further
ORDERED that the requirement pursuant to Local Rule 9013-1(b) that the Debtors file a memorandum of law in support of the Motion is hereby waived.
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