Case Document 2786 Filed in TXSB on 11/07/13 Page 1 of 10 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Transcription

1 Case Document 2786 Filed in TXSB on 11/07/13 Page 1 of 10 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: ATP Oil & Gas Corporation, Debtor. Chapter 11 Case No.: Hon. Marvin Isgur NOTICE OF FILING OF REVISED PROPOSED ORDER APPROVING DEBTOR S MOTION FOR ENTRY OF AN ORDER FURTHER EXTENDING THE TIME WITHIN WHICH IT MUST ASSUME OR REJECT UNEXPIRED LEASES OF NONRESIDENTIAL REAL PROPERTY (Relates to Dkt. No. 2753) PLEASE TAKE NOTICE that attached hereto as Exhibit A is a revised version of the proposed order submitted in conjunction with the Debtor s Motion for Entry of an Order Further Extending the Time Within Which it Must Assume or Reject Unexpired Leases of Nonresidential Real Property (the 365(d)(4) Motion ) (Dkt. No. 2753). PLEASE TAKE FURTHER NOTICE that attached hereto as Exhibit B is a redline showing the changes from the version of the proposed order that was filed at Docket No Dated: November 7, 2013 Respectfully submitted, MAYER BROWN LLP By: /s/ Charles S. Kelley Charles S. Kelley Attorney-in-Charge State Bar No Southern District of Texas Bar No Louisiana Street, Suite 3400 Houston, TX Telephone: Facsimile: ATTORNEYS TO THE DEBTOR AND DEBTOR-IN-POSSESSION

2 Case Document 2786 Filed in TXSB on 11/07/13 Page 2 of 10 Exhibit A

3 Case Document 2786 Filed in TXSB on 11/07/13 Page 3 of 10 IN THE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: ATP Oil & Gas Corporation, Debtor. Chapter 11 Case No.: Hon. Marvin Isgur ORDER FURTHER EXTENDING THE TIME WITHIN WHICH DEBTOR MUST ASSUME OR REJECT CERTAIN OF ITS REMAINING UNEXPIRED LEASES Upon consideration of the Debtor s Motion for Entry of an Order Further Extending the Time Within Which It Must Assume or Reject Certain Remaining Unexpired Leases (the Motion ), 1 the agreement and stipulation of the Bureau of Ocean Energy Management, United States Department of the Interior ( BOEM ) and ATP Oil & Gas Corporation (the Debtor and together with BOEM, the Parties ) to the provisions of this Order, as reflected by the signature of their respective counsel appearing below and the proceedings before the Court related to the Motion; and the Court having found that: (i) the Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334; (ii) this is a core proceeding pursuant to 28 U.S.C. 157(b); (iii) venue is proper in this Court pursuant to 28 U.S.C and 1409; (iv) the Motion is in full compliance with all applicable provisions of the Bankruptcy Code, Bankruptcy Rules, Local Bankruptcy Rules of the Southern District of Texas, and orders and procedures of this Court; (v) proper and adequate notice of the Motion, the deadline to file any objections to the Motion, and any hearing thereon was given, and no other or further notice is necessary; (vi) the legal and factual bases set forth in the Motion establish just cause for the relief granted herein; and (vii) the relief sought in the Motion is in the best interests of the Debtor and its estate; and after due deliberation and sufficient cause appearing therefor; 1 Capitalized terms used but not otherwise defined herein are intended to have the same meaning as defined in the Motion.

4 Case Document 2786 Filed in TXSB on 11/07/13 Page 4 of 10 IT IS HEREBY ORDERED THAT: 1. The Motion is granted in its entirety. 2. Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Motion. 3. The date by which the Debtor must assume or reject the 363 Sale Leases identified on Exhibit 1 is hereby extended to and including February 28, 2014, without prejudice to the Debtor s right to seek and obtain further extensions as permitted by Section 365(d)(4)(B)(ii) of the Bankruptcy Code. 4. The date by which the Debtor must assume or reject the Other Remaining Leases identified on Exhibit 2 is hereby extended to and including December 31, 2013, without prejudice to the Debtor s right to seek and obtain further extensions as permitted by Section 365(d)(4)(B)(ii) of the Bankruptcy Code. 5. To the extent that the Rejected Leases on Exhibit 3 are unexpired leases or executory contracts pursuant to Bankruptcy Code Section 365, the Rejected Leases identified on Exhibit 3 are hereby deemed rejected pursuant to Section 365(a) of the Bankruptcy Code following the expiration of the Current 365(d)(4) Deadline as of 11:59 p.m. on October 31, Nothing in this Order shall constitute a finding or determination that any or all of the Remaining Unexpired Leases identified on Exhibits 1-3 are in fact unexpired leases of nonresidential real property and/or executory contracts under Section 365 of the Bankruptcy Code, and the Debtor, any party to a pending adversary proceeding, and any other parties in interest reserve all rights with respect to that issue. 7. The terms and conditions of this Order shall be immediately effective and enforceable upon its entry. 2

5 Case Document 2786 Filed in TXSB on 11/07/13 Page 5 of This Court shall retain jurisdiction to resolve all matters arising out of or related to the Motion or this Order. SIGNED this day of, MARVIN ISGUR, UNITED STATES BANKRUPTCY JUDGE STIPULATED AND AGREED TO BY: STUART DELERY Assistant Attorney General /s/ Victor W. Zhao J. CHRISTOPHER KOHN TRACY J. WHITAKER E. KATHLEEN SHAHAN VICTOR W. ZHAO Commercial Litigation Branch Civil Division - United States Department of Justice P.O. Box 875 Ben Franklin Station Washington D.C Tel. (202) Fax (202) Victor.W.Zhao@usdoj.gov CHARLES S. KELLEY Attorney-in-Charge /s/ Charles S. Kelley CHARLES S. KELLEY State Bar No Southern District of Texas Bar No Mayer Brown LLP 700 Louisiana Street, Suite 3400 Houston, TX Telephone: Facsimile: cskelley@mayerbrown.com COUNSEL FOR THE DEBTOR AND DEBTOR-IN-POSSESSION IGNACIO S. MORENO Assistant Attorney General Environment & Natural Resources Div. U.S. Department of Justice ALAN S. TENENBAUM Senior Counsel Environmental Enforcement Section U.S. Department of Justice P.O. Box 7611 Ben Franklin Station Washington, D.C (202) alan.tenenbaum@usdoj.gov COUNSEL FOR THE UNITED STATES 3

6 Case Document 2786 Filed in TXSB on 11/07/13 Page 6 of 10 Exhibit B

7 Case Document 2786 Filed in TXSB on 11/07/13 Page 7 of 10 IN THE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: ATP Oil & Gas Corporation, Debtor. Chapter 11 Case No.: Hon. Marvin Isgur ORDER FURTHER EXTENDING THE TIME WITHIN WHICH DEBTOR MUST ASSUME OR REJECT CERTAIN OF ITS REMAINING UNEXPIRED LEASES Upon consideration of the Debtor s Motion for Entry of an Order Further Extending the Time Within Which It Must Assume or Reject Certain Remaining Unexpired Leases (the Motion ), 1 the agreement and stipulation of the Bureau of Ocean Energy Management, United States Department of the Interior ( BOEM ) and ATP Oil & Gas Corporation (the Debtor and together with BOEM, the Parties ) to the provisions of this Order, as reflected by the signature of their respective counsel appearing below and the proceedings before the Court related to the Motion; and the Court having found that: (i) the Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334; (ii) this is a core proceeding pursuant to 28 U.S.C. 157(b); (iii) venue is proper in this Court pursuant to 28 U.S.C and 1409; (iv) the Motion is in full compliance with all applicable provisions of the Bankruptcy Code, Bankruptcy Rules, Local Bankruptcy Rules of the Southern District of Texas, and orders and procedures of this Court; (v) proper and adequate notice of the Motion, the deadline to file any objections to the Motion, and any hearing thereon was given, and no other or further notice is necessary; (vi) the legal and factual bases set forth in the Motion establish just cause for the relief granted herein; and (vii) the relief sought in the Motion is in the best interests of the Debtor and its estate; and after due deliberation and sufficient cause appearing therefor;

8 Case Document 2786 Filed in TXSB on 11/07/13 Page 8 of 10 IT IS HEREBY ORDERED THAT: 1. The Motion is granted in its entirety. 2. Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Motion. 3. The date by which the Debtor must assume or reject the 363 Sale Leases identified on Exhibit 1 is hereby extended to and including February 28, 2014, without prejudice to the Debtor s right to seek and obtain further extensions as permitted by Section 365(d)(4)(B)(ii) of the Bankruptcy Code. 4. The date by which the Debtor must assume or reject the Other Remaining Leases identified on Exhibit 2 is hereby extended to and including December 31, 2013, without prejudice to the Debtor s right to seek and obtain further extensions as permitted by Section 365(d)(4)(B)(ii) of the Bankruptcy Code. 5. TheTo the extent that the Rejected Leases on Exhibit 3 are unexpired leases or executory contracts pursuant to Bankruptcy Code Section 365, the Rejected Leases identified on Exhibit 3 are hereby deemed rejected pursuant to Section 365(a) of the Bankruptcy Code following the expiration of the Current 365(d)(4) Deadline as of 11:59 p.m. on October 31, Nothing in this Order shall constitute a finding or determination that any or all of the Remaining Unexpired Leases identified on Exhibits 1-3 are in fact unexpired leases of nonresidential real property and/or executory contracts under Section 365 of the Bankruptcy Code, and the Debtor, any party to a pending adversary proceeding, and any other parties in interest reserve all rights with respect to that issue. 7. The terms and conditions of this Order shall be immediately effective and 1 Capitalized terms used but not otherwise defined herein are intended to have the same meaning as defined in the Motion. 2

9 Case Document 2786 Filed in TXSB on 11/07/13 Page 9 of 10 enforceable upon its entry. 8. This Court shall retain jurisdiction to resolve all matters arising out of or related to the Motion or this Order. SIGNED this day of, MARVIN ISGUR, UNITED STATES BANKRUPTCY JUDGE STIPULATED AND AGREED TO BY: STUART DELERY Assistant Attorney General /s/ Victor W. Zhao J. CHRISTOPHER KOHN TRACY J. WHITAKER E. KATHLEEN SHAHAN VICTOR W. ZHAO Commercial Litigation Branch Civil Division - United States Department of Justice P.O. Box 875 Ben Franklin Station Washington D.C Tel. (202) Fax (202) Victor.W.Zhao@usdoj.gov CHARLES S. KELLEY Attorney-in-Charge /s/ Charles S. Kelley CHARLES S. KELLEY State Bar No Southern District of Texas Bar No Mayer Brown LLP 700 Louisiana Street, Suite 3400 Houston, TX Telephone: Facsimile: cskelley@mayerbrown.com COUNSEL FOR THE DEBTOR AND DEBTOR-IN-POSSESSION IGNACIO S. MORENO Assistant Attorney General Environment & Natural Resources Div. U.S. Department of Justice ALAN S. TENENBAUM Senior Counsel Environmental Enforcement Section U.S. Department of Justice P.O. Box 7611 Ben Franklin Station Washington, D.C (202) alan.tenenbaum@usdoj.gov 3

10 Case Document 2786 Filed in TXSB on 11/07/13 Page 10 of 10 COUNSEL FOR THE UNITED STATES 4