Case SLM Doc 149 Filed 06/23/17 Entered 06/23/17 16:30:52 Desc Main Document Page 1 of 7

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1 Document Page 1 of 7 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR LOWENSTEIN SANDLER LLP Kenneth A. Rosen, Esq. Jeffrey D. Prol, Esq. Nicole Fulfree, Esq. Michael Papandrea, Esq. 65 Livingston Avenue Roseland, New Jersey (973) (Telephone) (973) (Facsimile) Order Filed on June 23, 2017 by Clerk, U.S. Bankruptcy Court - District of New Jersey Proposed Counsel to the Debtors and Debtors-in-Possession In re: Mountain Creek Resort, Inc., et al., 1 Debtors. Chapter 11 Case No (SLM) Jointly Administered ORDER AUTHORIZING, BUT NOT DIRECTING, THE DEBTORS TO PAY PREPETITION CLAIMS OF THE ADMINISTRATIVE CONVENIENCE CLASS The relief set forth on the following pages, numbered two (2) through and including four (4), is hereby ORDERED. DATED: June 23, The Debtors in these chapter 11 cases and the last four digits of each Debtor s taxpayer identification number are as follows: Mountain Creek Resort, Inc. (4557), Mountain Creek Services Inc. (3228), Mountain Creek Management, LLC (1394), Mountain Creek Mountainslide, LLC (1545), Mountain Leasing LLC (6057), and Appalachian Liquors Corporation (9542) /2 06/22/

2 Document Page 2 of 7 Page: 2 Debtors: Mountain Creek Resort, Inc., et al. Case No.: (SLM) Caption: Order Authorizing, But Not Directing, the Debtors to Pay Prepetition Claims of the Upon consideration of the Motion 2 of the above-captioned debtors and debtors-inpossession (collectively, the Debtors ) for entry of an order authorizing, but not directing, the Debtors to pay prepetition Administrative Convenience Claims; and the Court having jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334 and the Standing Order of Reference to the Bankruptcy Court Under Title 11 of the United States District Court for the District of New Jersey, dated September 18, 2012 (Simandle, C.J.); and venue being proper in this Court pursuant to 28 U.S.C and 1409; and this matter being a core proceeding pursuant to 28 U.S.C. 157(b)(2); and notice of the Motion being sufficient under the circumstances; and it appearing that no other or further notice need be provided; and the Objection by the Acting United States Trustee to the Motion of the Debtors for Entry of an Order Authorizing, But Not Directing the Debtors to Pay Prepetition Claims of the Administrative Convenience Class [Docket No. 134] having been resolved; and the Court having determined that the relief sought in the Motion is in the best interests of the Debtors, their estates and creditors; and after due deliberation and sufficient cause appearing therefor; IT IS HEREBY ORDERED THAT: 1. The Motion is GRANTED as set forth herein. 2. The Debtors are authorized, but not directed, in the reasonable exercise of their business judgment, to pay all or part of, on a case-by-case basis, the Administrative Convenience Claims in an aggregate amount not to exceed $51,800, as set forth in Exhibit A attached hereto. 3. Negotiation of any check received by any Convenience Creditor pursuant to this Order shall constitute acknowledgement by such Convenience Creditor that any and all of its prepetition claims are satisfied in full and that it has no further prepetition claim in these Chapter 11 Cases. 2 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Motion. -2-

3 Document Page 3 of 7 Page: 3 Debtors: Mountain Creek Resort, Inc., et al. Case No.: (SLM) Caption: Order Authorizing, But Not Directing, the Debtors to Pay Prepetition Claims of the 4. Notwithstanding the relief granted herein, nothing in the Motion or this Order, or any actions taken pursuant to this Order, shall be deemed: (i) an admission as to the validity of any claim against the Debtors; (ii) a request or authorization to assume any agreement, contract, or lease pursuant to section 365 of the Bankruptcy Code; or (iii) a waiver of the Debtors or the Committee s rights under the Bankruptcy Code or any other applicable law. 5. Each of the financial institutions at which the Debtors maintain their accounts are authorized to honor checks presented for payment and all fund transfer requests made by the Debtors with respect to payment of Administrative Convenience Claims to the extent that sufficient funds are on deposit in such accounts. 6. The Debtors are authorized to issue postpetition checks or make additional electronic payment requests with respect to payment of any Administrative Convenience Claim in the event prepetition checks or electronic payment requests with respect thereto are dishonored or rejected. 7. Notwithstanding anything in the Motion or this Order to the contrary, any authority granted to the Debtors herein to make any payment shall be subject to any orders authorizing the Debtors to use cash collateral or access postpetition financing. 8. The requirement set forth in Local Rule (a)(3) that any motion or other request for relief be accompanied by a memorandum of law is hereby deemed satisfied by the contents of the Motion or otherwise waived. hereby waived. 9. To the extent applicable, the requirements of Bankruptcy Rule 6004(a) are 10. Notwithstanding the possible applicability of Bankruptcy Rule 6004(h), this Order shall be immediately effective and enforceable upon its entry. 11. The Debtors are authorized to take all actions necessary to effectuate the relief granted pursuant to this Order. -3-

4 Document Page 4 of 7 Page: 4 Debtors: Mountain Creek Resort, Inc., et al. Case No.: (SLM) Caption: Order Authorizing, But Not Directing, the Debtors to Pay Prepetition Claims of the 12. This Court shall retain exclusive jurisdiction to hear and decide any and all disputes related to or arising from the implementation, interpretation and enforcement of this Order. -4-

5 Document Page 5 of 7 EXHIBIT A

6 Document Page 6 of 7 Company Name Total Open Balance A-1 PORTABLE TOILETS 1, SYSCO GUEST SUPPLY 1, CARVE DESIGNS 1, GREEN STAR INDUSTRIAL SUPPLY CO. 1, ROCKIN FOOTWEAR, LLC 1, ROOM SERVICE AMENITIES 1, BALDOR SPECIALTY FOODS, INC. 1, BOBCAT OF NORTH JERSEY 1, TRIUS PEST MANAGEMENT 1, DAKINE, INC. 1, MUGS MEDIA 1, SCHINDLER ELEVATOR CORP 1, ID EDGE 1, KILLTEC N.A. Inc. 1, CINTAS CORPORATION 1, GARDA CL ATLANTIC, INC. 1, H & H AUTO PARTS 1, IRON MOUNTAIN 1, BMI 1, TOM SCHNEIDER 1, LAKELAND AUTOPARTS 1, NEOFUNDS BY NEOPOST 1, MY STAFFING PRO 1, CAFE PIERROT WISHY WASHY SCOTT USA ELAVON SMITH SPORT OPTICS, INC MA'S COFFEE SERVICE EARTHCARE UTZ QUALITY FOODS, INC NUCO2, INC MAESTRO PMS VERNON ELECTRICAL SUPPLY, INC CREATIVE CONCEPTS, INC PROFORMA BASSANI POWER EQUIPMENT UPS FREIGHT MOHAWK INDUSTRIAL WORKS STAPLES ADVANTAGE GREY ELEPHANT, LLC NEW JERSEY HERALD MEERA ORACLE AMERICA, INC ALTEC DUX PAINT, LLC MOUNTAIN ICE SERVICE & SPRING WATER ASCAP (NASHVILLE) FEDEX AWISCO PANDEMONIUM VENICE BAKERY VERNON WP FIRE PREVENTION RENDENA SERVICES INC MCGOWAN, LLC JAY-HILL REPAIRS FEATHERSTONE FOODS,INC SPORT OBERMEYER, LTD LOX OF BAGELS MOBILE MINI ACCUWEATHER SUPERIOR POOL MR. MAT INC ADG AMTECH COMMUNICATIONS INC

7 Document Page 7 of AMLON INDUSTRIES, INC MR. JOHN INC MAGARINO FORD, LLC MASTER PLUMBING SUPPLY UPS ANTHONY & SONS BAKERY NJE-ZPASS CRYSTAL SPRINGS POCONO PROFOODS ,754.24