AMENDED FINAL ORDER PURSUANT TO SECTION 105(a) OF THE BANKRUPTCY CODE DIRECTING THAT CERTAIN ORDERS IN THE CHAPTER 11 CASES OF WORLDCOM, INC., ET AL., BE MADE APPLICABLE TO CERTAIN AFFILIATED DEBTORS
ARTHUR J. GONZALEZ, Bankruptcy Judge.
Upon the motion, dated November 8, 2002 (the "Motion"), of WorldCom, Inc. and certain of its direct and indirect subsidiaries, as debtors and debtors in possession (collectively, the "WorldCom Debtors"), together with the other above-captioned debtors and debtors in possession (collectively, the "Affiliated Debtors" and, together with the WorldCom Debtors, "WorldCom" or the "Debtors"), seeking entry of an order, pursuant to section 105(a) of the title 11 of the United States Code (the "Bankruptcy Code"), directing that orders entered in the chapter 11 cases of the WorldCom Debtors be made applicable to the Affiliated Debtors, as more fully set forth in the Motion; and upon consideration of the supporting Certification of John S. Dubel Pursuant to Local Bankruptcy Rule 1007-2, dated November 8, 2002; and the Court having jurisdiction to consider the Motion and the relief requested therein pursuant to 28 U.S.C. § 157 and 1334; 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, and it appearing that no other or further notice need be provided; and the relief requested in the Motion being necessary and in the best interests of WorldCom and its estates and creditors; and the Court having reviewed the Motion and having heard the statements in support of the relief requested therein at a hearing before the Court (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 any and all generally applicable orders heretofore entered in the WorldCom Debtors' chapter 11 cases, each of which is identified on Exhibit A annexed hereto, are applicable to the Affiliated Debtors, effective as of the date of entry hereof, and as if the Affiliated Debtors were Debtors as set forth in such orders; provided, however, that, to the extent the Debtors inadvertently omitted from Exhibit A any generally applicable orders heretofore entered in the WorldCom Debtors' chapter 11 cases, such orders shall be deemed included in Exhibit A annexed hereto by the filing of a supplemental Exhibit A; and it is further
ORDERED that any and all generally applicable orders hereafter entered in the WorldCom Debtors' chapter 11 cases in respect of requests for relief pending before the Court on the date hereof shall be applicable to the Affiliated Debtors, effective as of the dates of entry of such orders in the WorldCom Debtors' chapter 11 cases, and as if the Affiliated Debtors were Debtors as set forth in such orders; and it is further
ORDERED that, in accordance with section 502(a)(9) of the Bankruptcy Code, the bar date for governmental units (as defined in section 101(27) of the Bankruptcy Code) for the 43 Affiliated Debtors shall be May 7, 2003; and it is further
ORDERED that the requirement under Rule 9013-1(b) of the Local Bankruptcy Rules for the Southern District of New York for the filing of a separate memorandum of law is waived.
EXHIBIT A
Date Docket # Order 07/23/2002 50 Order directing joint administration of cases 02-13532, 02-13533, 02-42154 through 02-42330, under 02-13533 (WorldCom, Inc., et al). 07/23/2002 53 Order granting the motion of the United States Trustee for the appointment of an examiner 07/23/2002 62 Order authorizing the Debtors to continue the workers' compensation programs, insurance policies, and agreements relating thereto and pay all obligations in respect thereof 07/23/2002 63 Order authorizing the Debtors to pay prepetition wages, compensation and employee benefits and authorizing and directing financial institutions to honor and process checks and transfers related to such obligations 07/23/2002 64 Order authorizing payment of prepetition claims of critical vendors 07/23/2002 72 Order authorizing Debtors to honor certain prepetition customer obligations and to continue certain prepetition customer related practices 07/23/2002 73 Order granting extension of time to file schedules of assets and liabilities, schedules of executory contracts and unexpired leases, lists of equity security holders and statements of financial affairs 07/23/2002 74 Order establishing notice procedures 07/23/2002 83 Order authorizing the Debtors to continue to pay fees and expenses of the corporate monitor 07/25/2002 102 Order approving the employment of Bankruptcy Services, LLC as claims and noticing agent 07/29/2002 127 Case Management Order (i) establishing, among other things, notice procedures (including by electronic means), omnibus hearing dates, and alternative methods of participation at hearings and (ii) authorizing WorldCom, Inc., et al., to establish an independent website 08/01/2002 206 Memorandum Order signed on 8/1/2002 by the Honorable Jed S. Rakoff, United States District Court Judge, concerning the role of the Corporate Monitor appointed by the District Court and withdrawing the bankruptcy reference to the limited extent of addressing challenges to the Corporate Monitor's role 08/06/2002 365 Order Granting Application Approving The Appointment of Dick Thornburgh as Examiner 08/13/2002 616 Order establishing procedures for interim monthly compensation and reimbursement of expenses of professionals 08/13/2002 618 Final Order authorizing Debtors to pay prepetition obligations owed to foreign creditors 08/15/2002 640 Order authorizing WorldCom to provide adequate assurance to utility companies 08/19/2002 690 Final Order authorizing the Debtors to pay prepetition sales and use taxes and regulatory fees and directing financial institutions to honor and process checks and transfers related to prepetition sales and use taxes and regulatory fees 09/04/2002 882 Order authorizing the Debtors to employ professionals utilized in the ordinary course of business 09/04/2002 883 Final Order authorizing employment of Weil, Gotshal and Manges LLP as attorneys for the Debtors 09/04/2002 887 Final Order authorizing employment of Simpson Thacher Bartlett as special counsel for the Debtors 09/04/2002 888 Final Order authorizing retention and employment of Jenner Block, LLC as special counsel to the Debtors 09/04/2002 889 Final Order authorizing employment of Patton Boggs LLP as special public policy, regulatory, and government procurement counsel for the Debtors 09/04/2002 890 Final Order authorizing retention of Piper Rudnick LLP as special counsel to the Debtors 09/04/2002 891 Order authorizing retention of Smith Pachter McWhorter Allen, PLC as special government contracts counsel to the Debtors 09/04/2002 892 Order approving retention of Squire, Sanders Dempsey LLP nunc pro tunc as co-counsel to the Debtors 09/04/2002 893 Order authorizing retention of Lawler, Metzger Milkman, LLC as special regulatory counsel to the Debtors 09/04/2002 895 Interim Order authorizing retention of Lazard Freres Co. LLC as financial advisors and investment bankers for the Debtors 09/05/2002 898 Order authorizing retention of Howrey Simon Arnold White, LLP as special insurance counsel to the Debtors 09/17/2002 1051 Final Order authorizing the employment of JAA Services, LLC as crisis managers to the Debtors 09/19/2002 1115 Order extending the period within which the Debtors may assume or reject unexpired leases of nonresiential real property 09/25/2002 1311 Order establishing and authorizing procedures for the rejection of certain executory contracts and unexpired leases and abandonment of related personal property 10/01/2002 1426 Order authorizing the retention of Akin Gump Strauss Hauer Feld LLP, as counsel to the Official Committee of Unsecured Creditors, nunc pro tunc to July 29, 2002 10/01/2002 1433 Order authorizing waiver of bankruptcy rule 2002(d)(1) 10/01/2002 1438 Order Granting Motion to Authorize The Payment of Severance Benefits and Related Obligations To Terminated Employees and Rejection of Certain Severance Agreements 10/02/2002 1449 Order approving Debtors' emergency motion for authorization to enter into a secured surety bond facility 10/02/2002 1452 Amended Order authorizing WorldCom to provide adequate assurance to utility companies 10/07/2002 1493 Order approving setoff procedures and expedited dispute resolution procedures for de minimis post-petition billing disputes with utility companies 10/08/2002 1509 Order authorizing the establishment of procedures to settle certain prepetition and postpetition claims 10/08/2002 1510 Order authorizing Debtors to honor certain additional prepetition customer obligations and to continue certain additional prepetition customer related practices 10/08/2002 1511 Order enlarging the time within which to file notices of removal of related proceedings 10/15/2002 1602 Final Order authorizing Debtors to continue centralized cash management system and maintain existing bank accounts and business forms 10/15/2002 1603 Final Order authorizing postpetition secured super-priority financing and granting intercompany super-priority claims and junior liens 10/15/2002 1607 Order authorizing the Debtors' payment of certain legal fees and expenses of their current employees and certain officers 10/15/2002 1608 Final Order authorizing continuation of current investment policy 10/22/2002 1692 Order authorizing retention and employment of Wilmer, Cutler Pickering as special counsel to the special investigative committee 10/22/2002 1694 Order approving procedures for the sale of certain assets free and clear of liens, claims and encumbrances without further court approval and the abandonment or donation of certain personal property 10/29/2002 1779 Order authorizing establishing a key employee retention plan 10/29/2002 1780 Order establishing January 23, 2003 at 5:00 p.m. as the deadline for filing certain proofs of claim and approving the form and manner of notice thereof 10/29/2002 1781 Order extending Debtors' time to file schedules, statements of financial affairs, and lists of equity holders and to file certain portions of schedules, sttements, and certificates and affidavits of service under seal