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

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ase 1.05 cv 00218 GI\/IS Document 2-12 Filed 04/13/2005 Page 1 of 2
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OP DELAWARE
In re: ) Chapter ll
)
CONE MILLS CORPORATION, et ol., ) Case No. 03-12944 (MFW)
I
Debtors ) (.Iointly Administered) .
) Re: Docket No. 998
ORDER DENYING THE MOTION OF WLR RECOVERY FUND II L.P. 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 OR (3) RESCISSION OF THE SALE, AND CONTINUING
THE MOTION SOLELY AS TO RECISSION AS SET FORTH IN THIS ORDER
Upon consideration of the Motion (the “Motion") of WLR Recovery Fund ll L.P.
and WLR Cone Mills Acquisition LLC (collectively, "WL Ross") for (I) Order Enforcing Sale
Order injunction Against the Debtors and the Pension Benefit Guaranty Corporation ("PEGC“),
or Alternatively (2) For Allowance of an Administrative Claim Pursuant to ll U.S.C. §§ l05(a),
363 and 503(a) or (3) For Rcscission ofthe Sale, and the Objection of PBOC to the Motion, the
Consolidated Objection to the Motion of the above·captioned debtors and debtors—in-possession
(collectively, the "Debtors”), the Consolidated Objection to the Motion of the Creditors’
Committee, tbe Consolidated Objection to the Motion of `Prudential Insurance Company oi`
America; and it appearing that the Court has jurisdiction to consider the Motion and the
Objections pursuant to 28 U,S.C. § l57(b)(2); and it appearing that due and adequate notice and
disclosure of the Motion has been given; and the Court having heard the argument of counsel at
the hearing on February 28, 2005; and upon the record and after due deliberation thereon; and
sufticicnt cause appearing therefor; it is
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ase 5 cv 00218 GI\/IS Document 2-12 Filed 04/13/2005 Page 2 Of 2
ORDERED that the Motion is denied in all respects, excepting only that the
Motion is continued solely with respect to WL Ross` alternative relief request for rescission or
an adrninistrative claim based on rescission of the Sale, to March 29, 2005 at 9:30 ani.; and it is
lurther
ORDERED that this Court shall retain non-exclusive jurisdiction, over matters
arising from or related to the interpretation and irnplcmentation of this Order.
Dated: Wilmington, Delaware
March __, 2005
Mary F. aalrath
Chief United States Bankruptcy Judge
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