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<br />accordance with paragraph 9.4 of the Plan, Randle W. Case is hereby appointed as agent for the <br />Dehtor COMAT Cor the purpose of carrying out the terms of the Plan, and taking all actions <br />deemed necessary or appropriate to consummating the terms of the Plan and the Agreement, <br />including but not limited to execution of any and all documents required to be delivered by the <br />Debtors to C1G under the Agreement, including deeds, bills of sale, and such other instruments <br />or documents as CIG shall reasonably request to consummate and effectuate the Closing under <br />and pursuant to the terms and condition of the Agreement. <br />7. Atrsuant to 11 U.S.C. § 1142(a), notwithstanding any otherwise applicable non- <br />bankruptcy law, rule or regulations relating to financial condition, the Debtors and .CIG shaII <br />carry cwt the Plan and the related transactions contemplated under the Agreement.: Further, this <br />btder shall constitute all approvals and consents required, if any, by the laws, rules or <br />regulazions of any state or of any other governmental authority with respect to the <br />implementation or consummation of the Plan, the Agreement and any documents, instruments <br />and acts referenced in or contemplated therein, that may be necessary to implement and <br />consummate the Plan or the Agreement. <br />t3. In the event that the Closing Date does net occur: (a) all property of the estates <br />and all property of the Debtors shall revert in the Debtors' estates; (b) the Plan, automatically <br />and without further order of this Court shall be, and shall be deemed, null and vaid,.and of no <br />force or Legal effect whatsoever; (c) all bar dates and deadlines established by the Plan or this <br />Order shall be deemed vacated; (d) this Order, automatically and without further order of the <br />Court shall be, and shat! be deemed, null, void, and vacated, with no force or .legal effect <br />whatsoever; (e) the cases shall continue as if cantrmation of the Plan has not occurred; (n aU <br />parties and other parties in interest will be returned to the sazne position as if confirmation had <br />not occurred; and (g) the Agreement shall be deemed null and void and of no force or legal effect <br />whatsoever. <br />9. Notwithstanding the provisions of Article 10 of the plat[, and except for any <br />motions currently pending in the Debtors' cases filed pursuant to 11 U.S.C. § 36S(a), to the <br />extent an order approving the Debtors' assumption and/or assumption and assignment of any <br />executory contract and unexpired lease is not entered by the Court prior to later of the date this <br />Order becomes a Pinal Order or the Closing Date, any such unexpired lease or executory contract <br />shall he deemed rejected pursuant to the provisions of 11 U.S.C. § 365, and such rejection shall <br />be deemed to be an exercise of the Debtors' reasonable business judgment. In accordance with <br />Article 10.4 of the Plan, all proofs of claim with respect to Claims arising from the. rejection of <br />any executory contract or unexpired lease with any Debtor which has been rejected pursuant to <br />the Plan shall be filed with the Bankruptcy Court within twenty (20) days of the date of this <br />Order. <br />IU. To the extent that any provision designated herein as. a finding of fact is. more <br />properly characterized as a conclusion of law, it is adopted as such. To the extent that any <br />provision designated herein as a conclusion of law is more properly characterized as a finding of <br />fact, it is adopted as such. The provisions of this Order are integrated with each other and are <br />non-severable and mutually dependent. <br />V;IL~Nt:lpkulintpdCONFntMATtON aRnFR x41504 v2.lJOt.~c 5 <br />0(3952 <br />