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Case 1:20-bk-12043 Doc 454 Filed 10/06/20 Entered 10/06/20 15:40:33 Desc Main <br /> Document Page 2 of 7 <br /> has been appointed and the Debtors continue to operate their businesses and manage their affairs <br /> as debtors-in-possession pursuant to sections 1107 and 1108 of the Bankruptcy Code. <br /> 2. On September 4, 2020, this Court entered the Sale Order' approving the sale of <br /> substantially all of the Debtors' assets. See Docket No. 410. <br /> 3. On September 25,2020,the Debtors filed the Motion, seeking to reject"any of the <br /> Debtors' remaining leases and contracts" that have not yet been assumed, assigned or rejected in <br /> the chapter 11 cases. See Docket No. 441. <br /> B. The Agreements <br /> 4. Columbia and CAM-Kentucky Real Estate LLC ("CAM-Kentucky ') are parties to <br /> two agreements: (i) a certain Confidential Settlement Agreement dated on or about June 27,2019 <br /> (the "Settlement Agreement"); and (ii) a certain Excess Excavated Materials Transfer Agreement <br /> dated on or about April 13, 2020 (the "Materials Transfer Agreement"). <br /> The Settlement Agreement <br /> 5. The Settlement Agreement relates to a certain pipeline maintained and operated by <br /> Columbia in Mingo County, West Virginia referred to as Line SM-116 (the "Pipeline"), which is <br /> located,in part,on certain real property(the"Subject Property")that was leased to CAM-Kentucky <br /> by Logan Coal & Timber Corporation and C.W. Campbell Company (the "Owners")pursuant to <br /> a Lease Agreement dated September 20, 1985 and filed of record in Book 071, at Page 401 in the <br /> Office of the County Clerk of the County Court,Mingo County,West Virginia(the"Coal Lease"). <br /> 6. A copy of the Settlement Agreement is attached hereto as Exhibit A.3 <br /> 2 Capitalized Terms not otherwise defined herein shall have the meanings ascribed to them in the Motion. <br /> s References to dollar amounts in the Settlement Agreement have been redacted. <br /> 2 <br />