2016-04-25_GENERAL DOCUMENTS - C1982056 (5)

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Case 16-42529 Doc 32 Filed 04/13/16 Entered 04/13/16 11:43:47 Main Document Pg9of21 Bank, N.A., 762 F.2d 1303, 1309 (5th Cir. 1985) and In re Defender Drug Stores, Inc., 145 B.R. 312, 317 (B.A.P. 9th Cir. 1992)). See also Crystalin, L.L.C. v. Selma Props. Inc. (In re Crystalin, L.L.C.), 293 B.R. 455, 463-64 (B.A.P. 8th Cir. 2003) (holding that the business judgment rule may be satisfied "'as long as the proposed action appears to enhance the debtor's estate."') (quoting Four B. Corp. v. Food Barn Stores, Inc. (In re Food Barn Stores Inc.), 107 F.3d 558, 567 n.16 (8th Cir. 1997)) (emphasis in original, internal quotations and alterations omitted); Four B. Corp. v. Food Barn Stores, Inc. (In re Food Barn Stores Inc.), 107 F.3d 558, 567 n.16 (8th Cir. 1997) (holding that "[w]here the [debtor's] request is not manifestly unreasonable or made in bad faith, the court should normally grant approval 'as long as the proposed action appears to enhance the debtor's estate"') (quoting Richmond Leasing Co. v. Capital Bank, N.A., 762 F.2d 1303, 1309 (5th Cir. 1985) (internal alterations and quotations omitted)); Official Comm. Of Subordinated Bondholders v. Integrated Res. Inc (In re Integrated Res. Inc.), 147 B.R. 650, 656 (S.D.N.Y. 1992) (finding that "[c]ourts are loath to interfere with corporate decisions absent a showing of bad faith, self-interest, or gross negligence"). 19. The Debtors submit that the requested relief represents a sound exercise of their business judgment, is necessary to avoid immediate and irreparable harm and is justified under sections 105(a) and 363(b) of the Bankruptcy Code. If authorization to perform and enter into transactions under the ADM Agreement is not granted, the Debtors will be at a financial disadvantage vis-a-vis their competitors, and the Debtors will be unable to take advantage of their expertise in the industry and the common industry practice employed to hedge risk and manage expenses. As such, the Debtors respectfully request the entry of an order providing that the Debtors are authorized to enter into and consummate transactions under the ADM Agreement without further order of the Court. KIM