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200100928
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10/14/2011 12:05:19 AM
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10/20/2005 7:54:33 PM
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200100928
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10 0 9 28 <br />Inc, or its permitted designees (the "Purchaser "). The Motion also presents a request for: (a) the <br />assumption and assignment of certain unexpired real property leases and executory contracts <br />under which the Selling Debtors have continuing obligations, as identified on Exhibit C to the <br />Motion (the "Original Assignment Agreements "); and (b) the rejection of certain unexpired real <br />property leases and executory contracts under which the Selling Debtors have continuing <br />obligations, as identified on Exhibit D to the Motion (the "Rejection Agreements "). <br />Jurisdiction, Final Order And Statutory Predicates <br />2. The Court has jurisdiction to hear and determine the Motion and to grant the relief <br />requested in the Motion pursuant to 28 U.S.C. §§ 157(b)(1) and 13340). <br />3. This proceeding is a "core proceeding" within the meaning of 28 U.S.C. § <br />157(b)(2)(A), (M), (N) and (0). <br />4. The sale of the Sale Locations to the Purchaser constitutes a sale of property of the <br />Selling Debtors' estates outside the ordinary course of business within the meaning of section <br />363(b) of the Bankruptcy Code. <br />5. This Order constitutes a final order within the meaning of 28 U.S.C. § 158(a). <br />6. Notice of the Motion and the Hearing was sufficient under the circumstances and <br />Bankruptcy Rule 6004. <br />ARpro_ val Of Motion <br />7. The Purchaser is a third party unaffiliated with the Debtors and is purchasing in <br />good faith. <br />8. The purchase terms as provided for in the Motion are for fair value and are <br />reasonable under the circumstances of this case. The proposed sale of the Sale Locations as <br />described in the Motion, pursuant to section 363 of the Bankruptcy Code, is a reasonable <br />CL: $40434vI 2 <br />
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