Application or Declaration — Form U-1
Filing Table of Contents
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1: U-1 Application or Declaration -- formu1 48 232K
2: EX-99.1 Exhibit B-1 3 15K
3: EX-99.2 Exhibit G - Form of Notice 8 37K
4: EX-99.3 Exhibit H - List of Subsidiaries, Affiliates 65 497K
5: EX-99.4 Exhibit J-3 3 9K
6: EX-99.5 Exhibit J-4 17 29K
7: EX-99.6 Exhibit K 25 88K
EX-99.4 — Exhibit J-3
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UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------
x Chapter 11
In re
: Case No. 01-16034 (AJG)
ENRON CORP., ET AL.,
:
Jointly Administered
:
Debtors. x
-------------------------------------------
ORDER AUTHORIZING CONTINUED USE OF EXISTING BANK ACCOUNTS, CASH MANAGEMENT
SYSTEM, CHECKS AND BUSINESS FORMS
Upon consideration of the motion ("Motion") filed by Enron Corp. and
certain of its affiliated entities, as debtors and debtors in possession,
seeking entry of an order authorizing the Debtors' continued use of their
existing bank accounts, cash management system, checks and business forms; and
it appearing that the Court has jurisdiction to consider this Motion; and it
appearing that the relief requested is in the best interest of the Debtors,
their estates and creditors; and it appearing that due notice of the Motion has
been given and no other or further notice need be given; and upon the
proceedings before the Court; and good and sufficient cause appearing;
IT IS HEREBY ORDERED THAT:
1. The Motion is granted.
2. The Debtors are authorized to: (a) continue all processes necessary
to close all accounts of the Enron Companies maintained at Bank of America, (b)
maintain and continue to use any or all of their existing bank accounts in the
names and with the account numbers existing immediately prior to their chapter
11 cases; provided, however, that the Debtors reserve the right to close some or
all of their
prepetition bank accounts and open new debtor in possession accounts; (c)
deposit funds in and withdraw funds from any such accounts by all usual means
including, but not limited to, checks, wire transfers, automated clearinghouse
transfers, electronic funds transfers and other debits; and (d) treat their
prepetition bank accounts (and any accounts opened postpetition) for all
purposes as debtor in possession accounts.
3. All of the banks with which the Debtors maintain Bank Accounts are
authorized (a) to continue to maintain, service and administer such accounts in
accordance with the terms of any agreements governing such accounts and (b) to
rely on representations of the Debtors as to which checks, wires or ACH
transfers issued or dated prior to the Petition Date (i) may not be paid by law
or (ii) are permitted to be paid pursuant to Orders of this Court. Such banks
shall have no liability to any party for relying on the directions of the
Debtors as provided for herein.
4. Except as otherwise required by any applicable cash collateral or
postpetition financing orders or the DIP Credit Agreement, the Debtors are
authorized to continue to utilize the cash management system as described in the
Motion. Accordingly, except as required by the DIP Credit Agreement, the Debtors
are not required to establish separate accounts for cash collateral and/or tax
payments. Further, the Debtors are authorized to pay any costs or expenses
associated with the maintenance of their existing cash management system.
5. The Debtors are authorized to use their existing check stock, and
business form stock, rather than obtain new stock reflecting their status as
debtors in possession and listing the chapter 11 case numbers under which these
cases are being jointly administered; provided, however, that, as soon as
practicable, the Debtors shall
manually imprint the legend "debtor in possession" on existing checks, and
provided, further, that if the check stock or the business forms stock is
depleted, then the Debtors shall obtain new check stock and/or business forms
stock reflecting their status as debtors in possession.
DATED: New York, New York
December 3, 2001
/s/ Arthur J. Gonzalez
----------------------
UNITED STATES BANKRUPTCY JUDGE
Dates Referenced Herein and Documents Incorporated by Reference
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