Free Designation of Record on Appeal - District Court of Delaware - Delaware

Case 1 :05-cv-00218-GIVIS Document 2-14 Filed 04/13/2005 Page 1 of- 2 I
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: : Chapter 11
CONE MILLS CORPORATION, et al., Case N0. 03-12944 (MFVV)
o Debtors. (J ointly Administered)
[Re D.I. 998]
NOTICE OF WITHDRAWAL BY WLR RECOVERY FUND II, L.P. AND
INTERNATIONAL TEXTILE GROUP, INC. FOR ALLOWANCE OF AN
ADMINISTRATIVE CLAIM PURSUANT TO 11 U.S.C. §§ 105(a), 363 AND 503(a), OR
ALTERNATIVELY FOR RESCISSION OF THE SALE
PLEASE TAKE NOTICE that WLR Recovery Fund II, L.P. and International
Textile Group, Inc, formerly known as WLR Cone Mills Acquisition LLC,1 (collectively, the
" ") hereby withdraw with prejudice the Movants’ request for an administrative claim
against the Debtors pursuant to 11 U.S.C. §§ l05(a), 363 and 503(a), or alternatively, for
rescission ofthe sale, as such requests were set forth in the Motion Of WLR Recovery Fund IL
L.P. And WLR Cone Mills Acquisition LLC For (1) Order Enforeing Sale Order Injunction
Against The Debtors And The Pension Benefit Guaranty Corporation, Or Alternatively, (2) For
Allowance Of An Administrative Claim Pursuant To 11 US. C. §§ 105(a), 363 And 503 (a) Or (3)
For Rescission Of T he Sale [D.I. 998] tiled on October 14, 2004.
_ PLEASE TAKE FURTHER NOTICE that notwithstanding the foregoing, the
Movants are not withdrawing their request for enforcement ofthe Sale Order against the Debtors
andthe Pension Benefit Guaranty Corporationi This Court has denied the Movants’ request for
such Sale Order enforcement in the Order Denying The Motion Of WLR Recovery Fund IL L.P.
I On August 2, 2004, WLR Cone Mills Acquisition LLC was merged into WLR Burlington Industries Acquisition
LLC, which was renamed International Textile Group, Inc.
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Case 1 :05-cv-00218-Gl\/IS Document 2-14 Filed 04/13/2005 Page 2 of 2
And WLR Cone Mills Acquisition LLC For (1) Order Enforcing Sale Order Injunction Against
The Debtors And The Pension Benefit Guaranty Corporation, Or Alternatively, (2) For
Allowance Of An Administrative Claim Pursuant To 1] US. C. §§ 1 05 (a), 363 And 5 03(a) Or (3)
For Rescission Of T he Sale, And Continuing The Motion Solely As To Rescission As Set Forth In
This Order [D.I. 1184] entered on March 10, 2005. On March 21, 2005, the Movants tiled their
Notice of Appeal [D.I. 1191] in order to pursue their request to enforce the Sale Order against the
Debtors and the Pension Benefit Guaranty Corporation.
Dated: March 24, 2005
Wilmington, Delaware
STROOCK & STROOCK & LAVAN LLP
Lewis Kruger, Esq.
Christopher R. Donoho, Esq. I
_ 180 Maiden Lane
New York, NY 10038
Telephone: (212) 806-5400
. Facsimile: (212) 806-6006 i
PGE/bl {$»i`>i GMO
DUANE MO S LLP Etcrji
Michael R. Lastowski (DE I.D. 3892)
Cl1ristopher M. Winter (DE I.D. 4163)
1100 North Market Street
Suite 1200
Wilmington, DE 19801
Telephone: (302) 657-4900
Facsimile: (302) 657-4901
Co-counsel for WLR Recovery Fund II, L.P. and
International Textile Group, Inc.
2
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