2020-10-15_GENERAL DOCUMENTS - C1980004 ‎(9)‎

• Permit No: C1980004
• IBM Index Class Name: General Documents
• Doc Date: 10/15/2020
• Doc Name Note: Case No. 20-12043 ‎(GRH)‎ Hopedale Mining LLC
• Doc Name: Bankruptcy Notice
• From: DRMS Website
• To: DRMS
• Permit Index Doc Type: General Correspondence
• Email Name: JRS
• Email Name: JDM
• Email Name: GRM
• Email Name: CMM
• Email Name: CCW
• Media Type: D
• Archive: No

Case 1:20-bk-12043 Doc 477 Filed 10/13/20 Entered 10/13/20 16:31:49 Desc Main
Document Page 2 of 4
and the Court having found that it has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1334(b)
and 157; and the Court having found that venue of these cases and the Motion in this district is
proper pursuant to 28 U.S.C. §§ 1408 and 1409; and the Court having found that this matter is a
core proceeding pursuant to 28 U.S.C. § 157(b); and the Court having found that notice of the
Motion has been given as set forth in the Motion and that such notice is adequate and no other or
further notice need be given; and the Court having found that the relief sought in the Motion is in
the best interest of the Debtors, their estates, their creditors, and other parties in interest; and the
Court having found that the legal and factual bases set forth in the Motion establish just cause for
the relief granted herein; and after due deliberation and sufficient cause appearing therefor,
IT IS HEREBY ORDERED THAT:
1. The Motion is GRANTED as set forth herein.
2. The Debtors are authorized to reject the Rejected Agreements as of the Rejection
Effective Date.
3. Any claims held by the Debtors against contract counterparties, whether or not
such claims arise under, are related to the rejection of, or are independent of the Rejected
Agreements, are fully preserved. Furthermore, any residual rights the Debtors may have under the
Rejected Agreements are fully preserved.
4. Nothing in the Motion or this Order shall be deemed or construed as an approval
of an assumption of any lease, sublease, or contract that is not deemed part of the Rejected
Agreements pursuant to section 365 of the Bankruptcy Code, and all such rights are reserved.
5. Notwithstanding the foregoing or anything else contained in the Motion or this
Order, that certain Confidential Settlement Agreement dated on or about June 27, 2019 by and
between CAM-Kentucky Real Estate LLC and Columbia Gas Transmission, LLC (the
"Settlement Agreement") contains real covenants that run with the land under West Virginia law