Order Approving Settlement Agreement by and Between Huron Mold and Tools, LTD and Huron Model and Gauge, and The Debtors
Order Approving Settlement Agreement by and Between Huron Mold and Tools, LTD and Huron Model and Gauge, and The Debtors
Order Approving Settlement Agreement by and Between Huron Mold and Tools, LTD and Huron Model and Gauge, and The Debtors
---------------------------------------------------------------- x In re: ) Chapter 11 ) COLLINS & AIKMAN CORPORATION, et al.1 ) Case No. 05-55927 (SWR) ) (Jointly Administered) ) Debtors. ) Hon. Steven W. Rhodes ---------------------------------------------------------------- x ORDER APPROVING SETTLEMENT AGREEMENT BY AND BETWEEN HURON MOLD AND TOOLS, LTD AND HURON MODEL AND GAUGE, AND THE DEBTORS This matter having come before the Court on the Motion of Huron Mold and Tools, Ltd and Huron Model and Gauge (individually and collectively, Huron) for Relief From the Automatic Stay (the Motion), the Response and Brief in Opposition to the Motion filed by the Debtors herein (Debtors), the Joinder in Debtors Brief in Opposition filed on behalf of the Official Committee of Unsecured Creditors herein (the
The Debtors in the jointly administered cases include: Collins & Aikman Corporation; Amco Convertible Fabrics, Inc., Case No. 05-55949; Becker Group, LLC (d/b/a/ Collins & Aikman Premier Mold), Case No. 05-55977; Brut Plastics, Inc., Case No. 0555957; Collins & Aikman (Gibraltar) Limited, Case No. 05-55989; Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation), Case No. 05-55952; Collins & Aikman Asset Services, Inc., Case No. 05-55959; Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.), Case No. 05-55965; Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.), Case No. 05-55991; Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.), Case No. 05-55958; Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.), Case No. 05-55956; Collins & Aikman Automotive International, Inc., Case No. 05-55980; Collins & Aikman Automotive International Services, Inc. (f/k/a Textron Automotive International Services, Inc.), Case No. 05-55985; Collins & Aikman Automotive Mats, LLC, Case No. 05-55969; Collins & Aikman Automotive Overseas Investment, Inc. (f/k/a Textron Automotive Overseas Investment, Inc.), Case No. 05-55978; Collins & Aikman Automotive Services, LLC, Case No. 05-55981; Collins & Aikman Canada Domestic Holding Company, Case No. 05-55930; Collins & Aikman Carpet & Acoustics (MI), Inc., Case No. 05-55982; Collins & Aikman Carpet & Acoustics (TN), Inc., Case No. 05-55984; Collins & Aikman Development Company, Case No. 05-55943; Collins & Aikman Europe, Inc., Case No. 05-55971; Collins & Aikman Fabrics, Inc. (d/b/a Joan Automotive Industries, Inc.), Case No. 05-55963; Collins & Aikman Intellimold, Inc. (d/b/a M&C Advanced Processes, Inc.), Case No. 05-55976; Collins & Aikman Interiors, Inc., Case No. 05-55970; Collins & Aikman International Corporation, Case No. 05-55951; Collins & Aikman Plastics, Inc., Case No. 05-55960; Collins & Aikman Products Co., Case No. 05-55932; Collins & Aikman Properties, Inc., Case No. 05-55964; Comet Acoustics, Inc., Case No. 05-55972; CW Management Corporation, Case No. 05-55979; Dura Convertible Systems, Inc., Case No. 05-55942; Gamble Development Company, Case No. 05-55974; JPS Automotive, Inc. (d/b/a PACJ, Inc.), Case No. 05-55935; New Baltimore Holdings, LLC, Case No. 0555992; Owosso Thermal Forming, LLC, Case No. 05-55946; Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.), Case No. 05-55948; Wickes Asset Management, Inc., Case No. 05-55962; and Wickes Manufacturing Company, Case No. 05-55968.
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Committee); the Court having conducted a preliminary hearing on the Motion on September 7, 2006; the parties thereafter having submitted to non-binding mediation on the Motion (the Mediation), which Mediation occurred on September 20 and 22, 2006; as a result of the Mediation, and subject to Court approval, Huron and the Debtors having reached the settlement and compromise set forth in the Settlement Agreement (Settlement Agreement) attached to the Stipulation to Entry of Order Approving Settlement Agreement By and Between Huron Mold and Tools, Ltd and Huron Model and Gauge, and the Debtors, filed contemporaneous with the submission of this proposed Order; the parties having appeared at the September 29, 2006 final hearing on the Motion to confirm on the record the Settlement Agreement which they have entered into subject to Court approval; counsel for the Committee having further confirmed on the record at the September 29, 2006 hearing that the Committee has no objection to entry of an Order approving the Settlement Agreement; the Court having determined that no further notice or hearing on this matter is necessary or required; and the Court being otherwise duly advised in the premises; NOW, THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED THAT: 1. The Settlement Agreement is approved according to its terms, and the
Debtors are authorized to enter into, and to perform in accordance with, the Settlement Agreement. 2. The Court shall, and hereby does, retain jurisdiction to adjudicate any