mew Doc 954 Filed 07/20/17 Entered 07/20/17 14:25:17 Main Document Pg 1 of 14

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1 Pg 1 of 14 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK x In re : : Chapter 11 WESTINGHOUSE ELECTRIC : COMPANY LLC, et al., : Case No (MEW) : Debtors. 1 : (Jointly Administered) x ORDER PURSUANT TO 11 U.S.C. 363(b), 365(a), AND 105(a) AUTHORIZING DEBTORS TO (I) ENTER INTO SERVICES AGREEMENT WITH VOGTLE OWNERS, (II) ASSUME AND ASSIGN CERTAIN EXECUTORY CONTRACTS TO VOGTLE OWNERS, (III) ASSUME AND AMEND CERTAIN EXECUTORY CONTRACTS, AND (IV) REJECT THE VOGTLE EPC CONTRACT Upon the motion (the Motion ), 2 dated June 23, 2017, of Westinghouse Electric Company LLC and its debtor affiliates, as debtors and debtors in possession in the abovecaptioned chapter 11 cases (collectively, the Debtors ), pursuant to sections 363(b), 365(a) and 105(a) of the Bankruptcy Code, for an order authorizing the Debtors to (i) enter into the Services Agreement, (ii) assume and assign the Assigned Subcontracts to the Vogtle Owners, (iii) assume and amend the Assumed Subcontracts, and (iv) reject the Vogtle EPC, all as more fully set forth in the Motion; and the Court having jurisdiction to consider the Motion and the relief requested 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, if any, are: Westinghouse Electric Company LLC (0933), CE Nuclear Power International, Inc. (8833), Fauske and Associates LLC (8538), Field Services, LLC (2550), Nuclear Technology Solutions LLC (1921), PaR Nuclear Holding Co., Inc. (7944), PaR Nuclear, Inc. (6586), PCI Energy Services LLC (9100), Shaw Global Services, LLC (0436), Shaw Nuclear Services, Inc. (6250), Stone & Webster Asia Inc. (1348), Stone & Webster Construction Inc. (1673), Stone & Webster International Inc. (1586), Stone & Webster Services LLC (5448), Toshiba Nuclear Energy Holdings (UK) Limited (N/A), TSB Nuclear Energy Services Inc. (2348), WEC Carolina Energy Solutions, Inc. (8735), WEC Carolina Energy Solutions, LLC (2002), WEC Engineering Services Inc. (6759), WEC Equipment & Machining Solutions, LLC (3135), WEC Specialty LLC (N/A), WEC Welding and Machining, LLC (8771), WECTEC Contractors Inc. (4168), WECTEC Global Project Services Inc. (8572), WECTEC LLC (6222), WECTEC Staffing Services LLC (4135), Westinghouse Energy Systems LLC (0328), Westinghouse Industry Products International Company LLC (3909), Westinghouse International Technology LLC (N/A), and Westinghouse Technology Licensing Company LLC (5961). The Debtors principal offices are located at 1000 Westinghouse Drive, Cranberry Township, Pennsylvania Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Motion.

2 Pg 2 of 14 therein in accordance with 28 U.S.C. 157 and 1334 and the Amended Standing Order of Reference M-431, dated January 31, 2012 (Preska, C.J.); and consideration of the Motion and the requested relief being a core proceeding pursuant to 28 U.S.C. 157(b); and venue being proper before the Court pursuant to 28 U.S.C and 1409; and due and proper notice of the Motion having been provided; and such notice having been adequate and appropriate under the circumstances, and it appearing that no other or further notice need be provided; and the Court having reviewed the Motion; and the Court having held a hearing to consider the relief requested in the Motion (the Hearing ) on July 18, 2017, at which time all interested parties were offered an opportunity to be heard; and upon the First Day Declaration, the Donahue Declaration, and the McKinney Declaration, filed contemporaneously with the Motion, and the record of the Hearing; and the Court having determined that the legal and factual bases set forth in the Motion establish just cause for the relief granted herein; and it appearing that the relief requested in the Motion is in the best interests of the Debtors, their estates, creditors, and all parties in interest and represents an appropriate exercise of the Debtors reasonable business judgment; and upon all of the proceedings had before the Court and after due deliberation and sufficient cause appearing therefor, IT IS HEREBY ORDERED THAT: 1. The Motion is granted. 2. All objections to the Motion other than those listed on Exhibit 1 hereto (the Pending Objections ) are resolved or are overruled. The Pending Objections relate solely to the assumption of specific Assumed Subcontracts or the assumption and assignment of specific Assigned Subcontracts. The Motion with respect to Assumed Subcontracts and Assigned Subcontracts subject to a Pending Objection shall be adjourned and heard by the Court 2

3 Pg 3 of 14 on September 7, 2017 at 11:00 a.m. (Prevailing Eastern Time) or such other date and time as may be fixed by this Court (the Adjourned Hearing ). 3. Pursuant to section 363(b)(1) and 105(a) of the Bankruptcy Code, the Debtors are authorized to enter into and perform under the Services Agreement. 4. The sale or license of any Facility IP by Westinghouse shall not be free and clear of, or otherwise adversely affect, any license of Facility IP granted to the Vogtle Owners under the Services Agreement. 5. Pursuant to sections 365(a) and 105(a) of the Bankruptcy Code, the Debtors are authorized to reject the Vogtle EPC, and the Vogtle EPC shall be deemed rejected upon the Effective Date (as defined in the Services Agreement). In accordance with the terms and conditions set forth in the Vogtle Interim Agreement and without expanding the terms thereof, GPC, for itself and as agent for the other Vogtle Owners, shall pay all administrative expenses accrued by the Debtors during the Interim Assessment Period (as defined in the Vogtle Interim Agreement) for services and goods for the Vogtle Project. 6. The Vogtle Owners reserve and retain any rights to later file a motion for relief from the automatic stay to terminate or take steps to terminate the Vogtle EPC in accordance with its terms (any such filing or steps, a Termination Action ), and any such Termination Action, when taken, shall be deemed to have been timely taken, but only to the extent the Termination Action would have been timely as of June 28, 2017; provided that the Debtors reserve and retain any rights to object to or otherwise challenge any such Termination Action, other than on the basis that the Termination Action was not timely taken because it was taken on a date after June 28, Subject to the terms of this paragraph 6, the Vogtle Owners and the Debtors reserve all of their respective rights and arguments with respect to the basis or 3

4 Pg 4 of 14 nature of a termination of the Vogtle EPC, including whether an abandonment of the Work has occurred. The Vogtle Owners further reserve and retain all of their respective rights to assert claims in any amount against the Debtors under or in connection with the Vogtle EPC, including claims based on an alleged abandonment of the Work ( Vogtle Claims ), and the Debtors further reserve and retain all of their rights to object to or otherwise challenge any such Vogtle Claims, including the amount of any such claims. 7. Subject to paragraphs 2 and 14 herein, pursuant to sections 365(a) and 105(a) of the Bankruptcy Code, the Debtors assumption and assignment of the Assigned Subcontracts to GPC (as the Vogtle Owners designee), upon the Effective Date, is approved. 8. Subject to paragraphs 2 and 14 herein, any and all anti-assignment provisions in the Assigned Subcontracts, whether such provisions expressly prohibit or have the effect of restricting or limiting assignment of such contract, are unenforceable and prohibited pursuant to section 365(f) of the Bankruptcy Code. 9. The protections afforded by section 363(m) of the Bankruptcy Code to authorization under sections 363(b) or 363(c) of the Bankruptcy Code shall be provided to the Vogtle Owners to the fullest extent available, and any reversal or modification on appeal of the authorization provided herein shall not affect the validity of the assignment of the Assigned Subcontracts to the Vogtle Owners. 10. Subject to paragraphs 2 and 14 herein, pursuant to sections 365(a) and 105(a) of the Bankruptcy Code, the Debtors are authorized to assume the Assumed Subcontracts upon the Effective Date. 11. Subject to paragraphs 2 and 14 herein, the Vogtle Owners, and the Debtors, as applicable, have provided adequate assurance of future performance in respect of the 4

5 Pg 5 of 14 Assumed Subcontracts and the Assigned Subcontracts, and no further showing of adequate assurance is necessary. 12. Subject to paragraphs 2 and 14 herein, the prepetition Cure Costs set forth on Exhibits C and D to the Motion (as have been amended or supplemented), are approved. In accordance with the terms of the Services Agreement, GPC, on behalf of itself and the other Vogtle Owners, shall pay such Cure Costs to counterparties to Assumed Subcontracts and Assigned Subcontracts for which there is no Pending Objection and, with respect to Assumed Subcontracts, only for those which an amendment to its Assumed Subcontract adding the Vogtle Owners or their designee as a counterparty to such Assumed Subcontract (an Amendment ) has been executed, within five (5) business days of the Effective Date. For Assumed Subcontracts and Assigned Subcontracts subject to a Pending Objection as of the Effective Date and for Assumed Subcontracts for which no Amendment has been executed as of the Effective Date, GPC, on behalf of itself and the other Vogtle Owners, shall pay Cure Costs to the applicable counterparty within five (5) business days of (a) the resolution of the Pending Objection if such resolution requires payment of Cure Costs, and (b) the execution of an Amendment. 13. Neither the Debtors nor the Vogtle Owners shall be required to make further payment in connection with any prepetition default under any Assumed Subcontract or Assigned Subcontract in excess of the applicable Cure Costs, notwithstanding anything to the contrary in any Assumed Subcontract or Assigned Subcontract, or any other document, and the counterparty forever shall be barred from asserting any other prepetition cure cost claims related to such Assumed Subcontract or Assigned Subcontract against the Debtors or the Vogtle Owners, or the property of any of them. 5

6 Pg 6 of Without further order of the Court (a) the Debtors may consensually resolve, subject to the consent of the Vogtle Owners, any Pending Objection prior to the Adjourned Hearing, and (b) the Vogtle Owners may, in the their sole discretion, by giving written notice to the Debtors as soon as practicable after the Adjourned Hearing, remove (i) any Assumed Subcontracts or Assigned Subcontracts that are subject to a Pending Objection or (ii) any Assumed Subcontracts for which an Amendment has not been executed as of the Effective Date, from the list of Assumed Subcontracts and Assigned Subcontracts. If a Pending Objection is resolved or an Amendment is executed, the Debtors are authorized to assume the applicable Assumed Subcontract or assume and assign the applicable Assigned Subcontract, and the provisions of this Order shall apply. Notwithstanding the foregoing, any resolution that provides for the payment of prepetition Cure Costs for an Assumed Subcontract or an Assigned Subcontract that is at least $1,000,000 more than the amount listed as the cure cost by the Debtors for such Assumed Subcontract or an Assigned Subcontract on Exhibit C or D to the Motion (as amended), shall require the consent of the UCC or approval of the Court, which approval may be sought on presentment on seven (7) days notice. 15. GPC, on behalf of itself and the other Vogtle Owners, shall pay all administrative expenses accrued by the Debtors during the Adjournment Period (as defined below) for services or goods for the Vogtle Project arising under (a) an Assumed Subcontract or Assigned Subcontract that is subject to a Pending Objection, or (b) an Assumed Subcontracts for which an Amendment has not been executed and become effective as of the Effective Date, regardless of whether such administrative expenses become payable during or after the Adjournment Period. The Adjournment Period shall mean, with respect to a particular Assumed Subcontract or Assigned Subcontract, from the Effective Date to and through the 6

7 Pg 7 of 14 earlier of (a) five (5) business days after the Vogtle Owners provide written notice to the Debtors that such Assumed Subcontract or Assigned Subcontract is removed from the list of Assumed Subcontracts or Assigned Subcontracts, and (b) the date the Assumed Subcontract or Assigned Subcontract is assumed, or assumed and assigned, to the Vogtle Owners, as applicable. Such payments by GPC shall only be used to pay counterparties to (a) Assumed Subcontracts or Assigned Subcontracts with Pending Objections, or (b) Assumed Subcontracts for which an Amendment was not executed as of the Effective Date, and the Debtors shall provide GPC with evidence of such payment within five (5) business days of such payment. 16. Following the Adjournment Period, there shall be a reconciliation of the payments made by GPC to the Debtors and by the Debtors to the counterparties to the Assumed Subcontracts and Assigned Subcontracts with Pending Objections and Assumed Subcontracts for which an Amendment was not executed as of the Effective Date. If the actual costs incurred by the Debtors exceed the estimated amounts paid by GPC to the Debtors, GPC, on behalf of itself and the other Vogtle Owners, shall pay to the Debtors any such additional amount necessary to eliminate the difference. If the amounts paid by GPC to the Debtors exceed the actual costs incurred by the Debtors, the Debtors shall pay such amounts to GPC. To the extent such amounts are not paid by the Debtors, GPC shall have an administrative claim for such amounts. 17. Notice of the Motion as provided therein is deemed to be good and sufficient notice of such Motion, and the contents of the Motion satisfy the requirements of the Bankruptcy Rules. 18. Nothing contained in this Order or any action taken by the Debtors in implementing this Order shall be deemed: (i) an admission as to the validity of any claim against the Debtors, including, without limitation, from the Vogtle Owners; (ii) a waiver or limitation of 7

8 Pg 8 of 14 the Debtors rights under the Bankruptcy Code or any other applicable law, including without limitation, any right to assert a claim, cause of action, or right of set-off which may exist now or hereafter against any party; (iii) an admission that the Vogtle EPC or any other contract that may be rejected by the Debtors in the future is integrated with any other contract or lease; (iv) a waiver by the Debtors of the requirement that the Vogtle Owners file a proof of claim in the Debtors chapter 11 cases; (v) a waiver of the Debtors rights, or the rights of any other appropriate party (including the DIP Lenders), to dispute the amount of, basis for, or validity of any such claim, whether arising under the, Vogtle EPC, the Services Agreement, any Assumed Subcontract or Assigned Subcontract or otherwise; (vi) a waiver or limitation of the Debtors rights under the Services Agreement; or (vii) to amend, supersede, or otherwise alter the terms of the Toshiba Settlement or the Stipulated Distribution Order. 19. Notwithstanding entry of this Order, nothing herein shall create, nor is intended to create, any rights in favor of or enhance the status of any claim held by any party. 20. Notwithstanding anything to the contrary contained herein, any relief or authorization granted hereunder shall not be inconsistent with, and shall be subject to, the requirements imposed on the Debtors by the terms of the DIP Credit Agreement. To the extent there may be an inconsistency between the terms of this Order and the terms of the Final DIP Order, Interim Order, DIP Credit Agreement, DIP Term Sheet, and Liquidity Facility Agreement (each as defined in the Final DIP Order, and referred to collectively herein as the DIP Documents ), the DIP Documents, as applicable, shall govern. For the avoidance of doubt, the Services Agreement and any proceeds thereof constitutes Collateral under the DIP Credit Agreement (as defined therein) to which the DIP Liens (as defined in the Final DIP Order) attach in accordance with and pursuant to the Final DIP Order. 8

9 Pg 9 of Notwithstanding anything to the contrary contained herein, any payment to be made or authorization contained hereunder shall be subject to the requirements imposed on the Debtors under any interim or final orders approving the DIP Loans (as defined in the Final DIP Order) and the budget approved thereunder (the Budget ). To the extent there is any conflict between this Order and any DIP Order or Budget, the terms of the DIP Order or Budget, as applicable, shall govern. 22. Notwithstanding anything to the contrary in this Order, the Motion or the Services Agreement, (a) none of the agreements (the Oracle Agreements ) between any of the Debtors and Oracle America, Inc., including any of its predecessors-in-interest) ( Oracle ), shall be transferred, amended, assumed or assigned to Vogtle Owners, absent further order of Court; (b) the Vogtle Owners shall not have any rights to access or use any software, applications, databases, programs, products or any IT assets in which Oracle's licensed software is installed, utilized or embedded except as permitted by the Oracle Agreements; (c) no Oracle software, applications, databases, programs, products or services shall be transferred or licensed to the Vogtle Owners except as permitted by the Oracle Agreements, absent further order of the Court or the consent of Oracle; and (d) notwithstanding the definitions of the terms Facility IP and Licensed IP as used in the Services Agreement, nothing in the Services Agreement shall modify or expand Debtors rights pursuant to the Oracle Agreements or confer upon Debtors or the Vogtle Owners any new or additional rights from Oracle with respect to Oracle software, applications, databases, programs, products or services. Nothing in this paragraph is intended to modify or restrict the Vogtle Owners rights under any agreements between one or more Vogtle Owners and Oracle. For avoidance of doubt, to the extent that the Debtors later seek to assume and/or assign any Oracle Agreement, any provision in this Order striking anti-assignment 9

10 Pg 10 of 14 provisions in executory contracts (namely, paragraph 8) shall not apply to Oracle, and the Debtors and Oracle s rights are specifically reserved with respect to the Oracle Agreements. 23. The Services Agreement and any related agreements or documents may be modified, amended or supplemented by the parties thereto, in a writing signed by such parties, and in accordance with the terms thereof, without further order of the Court, provided that any such modification, amendment or supplement does not have a material adverse effect on the Debtors estates. 24. Under the circumstances of these chapter 11 cases, notice of the Motion is adequate under Bankruptcy Rules 6004(a) and 6006(c). 25. The requirements of Bankruptcy Rule 6004(h) are hereby waived. 26. The requirements of Bankruptcy Rule 6006(f)(6) are hereby waived. 27. Notwithstanding Bankruptcy Rules 6004(h) and 6006(d), this Order shall be immediately effective and enforceable upon its entry. 28. The Debtors are authorized to take all actions that are necessary or appropriate to implement the relief granted in this Order. 29. The Court shall retain jurisdiction to hear and determine all matters arising from or related to the implementation, interpretation, and/or enforcement of this Order. Dated: July 20, 2017 New York, New York s/michael E. Wiles UNITED STATES BANKRUPTCY JUDGE 10

11 Pg 11 of 14 Exhibit 1 Pending Objections

12 Pg 12 of 14 Pending Objections 1. Objection of RSCC Wire & Cable LLC to Motion of Debtors Pursuant to 11 U.S.C. 363(b), 365(a), and 105(a) for Entry of Order Authorizing Debtors to (I) Enter Into Services Agreement with Vogtle Owners, (II) Assume and Assign Certain Executory Contracts to Vogtle Owners, (III) Assume and Amend Certain Executory Contracts, and (IV) Reject the Vogtle EPC Contract [ECF No. 850] 2. Limited Objection and Reservation of Rights by Atlas Copco Compressors LLC to the Motion of Debtors Pursuant to 11 U.S.C. 363(b), 365(a), and 105(a) for Entry of Order Authorizing Debtors to (I) Enter Into Services Agreement with Vogtle Owners, (II) Assume and Assign Certain Executory Contracts to Vogtle Owners, (III) Assume and Amend Certain Executory Contracts, and (IV) Reject the Vogtle EPC Contract [ECF No. 854] 3. Objection to Motion of Debtors Pursuant to 11 U.S.C. 363(b), 365(a), and 105(a) for Entry of Order Authorizing Debtors to (I) Enter Into Services Agreement with Vogtle Owners, (II) Assume and Assign Certain Executory Contracts to Vogtle Owners, (III) Assume and Amend Certain Executory Contracts, and (IV) Reject the Vogtle EPC Contract [ECF No. 861] 4. Limited Objection and Reservation of Rights of Chicago Bridge & Iron Company N.V. and CB&I Laurens Inc. to Motion of Debtors Pursuant to 11 U.S.C. 363(b), 365(a), and 105(a) for Entry of Order Authorizing Debtors to (I) Enter Into Services Agreement with Vogtle Owners, (II) Assume and Assign Certain Executory Contracts to Vogtle Owners, (III) Assume and Amend Certain Executory Contracts, and (IV) Reject the Vogtle EPC Contract [ECF No. 862] 5. Objection and Reservation of Rights of Eaton Corporation to the Debtors Proposed Cure Amounts for Assumption and Amendment of Executory Contracts [ECF No. 863] 6. Limited Objection of Siemens Industry, Inc. to Motion of Debtors Pursuant to 11 U.S.C. 363(b), 365(a), and 105(a) for Entry of Order Authorizing Debtors to (I) Enter Into Services Agreement with Vogtle Owners, (II) Assume and Assign Certain Executory Contracts to Vogtle Owners, (III) Assume and Amend Certain Executory Contracts, and (IV) Reject the Vogtle EPC Contract [ECF No. 864] 7. Limited Objection of Consolidated Pipe & Supply Company, Inc. to Motion of Debtors Pursuant to 11 U.S.C. 363(b), 365(a), and 105(a) for Entry of Order Authorizing Debtors to (I) Enter Into Services Agreement with Vogtle Owners, (II) Assume and Assign Certain Executory Contracts to Vogtle Owners, (III) Assume and Amend Certain Executory Contracts, and (IV) Reject the Vogtle EPC Contract [ECF No. 865] 8. Response of The Calvert Company, Inc. and Nuclear Logistics LLC in Limited Opposition to Debtors Motion Pursuant to 11 U.S.C. 363(b), 365(a), and 105(a) for Entry of Order Authorizing Debtors to (I) Enter Into Services Agreement with Vogtle

13 Pg 13 of 14 Owners, (II) Assume and Assign Certain Executory Contracts to Vogtle Owners, (III) Assume and Amend Certain Executory Contracts, and (IV) Reject the Vogtle EPC Contract [ECF No. 866] 9. Objection of Tioga Pipe Inc. to Certain Costs Identified by the Debtors in Their Motion to (I) Enter Into Services Agreement with Vogtle Owners, (II) Assume and Assign Certain Executory Contracts to Vogtle Owners, (III) Assume and Amend Certain Executory Contracts, and (IV) Reject the Vogtle EPC Contract [ECF No. 868] 10. Objection of Mackson Nuclear, LLC to Certain Cure Costs Identified by the Debtors in Their Motion to (I) Enter Into Services Agreement with Vogtle Owners, (II) Assume and Assign Certain Executory Contracts to Vogtle Owners, (III) Assume and Amend Certain Executory Contracts, and (IV) Reject the Vogtle EPC Contract [ECF No. 869] 11. Red-D-Arc, Inc. s Objection and Reservation of Rights Relating to Assumption and Assignment of Executory Contracts to Vogtle Owners [ECF No. 873] 12. Greenberry Industrial, LLC and NAES Corporation s Limited Objections to Debtors Motion re Vogtle Services Agreement etc. [ECF Nos. 875 and 876] 13. Airgas USA, LLC s Objection and Reservation of Rights Relating to Assumption and Assignment of Executory Contract to Vogtle Owners [ECF Nos. 871 and 882] 14. Objection of, and Reservation of Rights by IHI Corporation to the Motion of Debtors Pursuant to 11 U.S.C. 363(b), 365(a), and 105(a) for Entry of Order Authorizing Debtors to (I) Enter Into Services Agreement with Vogtle Owners, (II) Assume and Assign Certain Executory Contracts to Vogtle Owners, (III) Assume and Amend Certain Executory Contracts, and (IV) Reject the Vogtle EPC Contract [ECF No. 896] 15. Limited Objection of Ellis & Watts Global Industries, Inc. to Motion of Debtors Pursuant to 11 U.S.C. 363(b), 365(a), and 105(a) for Entry of Order Authorizing Debtors to (I) Enter Into Services Agreement with Vogtle Owners, (II) Assume and Assign Certain Executory Contracts to Vogtle Owners, (III) Assume and Amend Certain Executory Contracts, and (IV) Reject the Vogtle EPC Contract [ECF No. 897] 16. Objection and Reservation of Rights of Curtiss-Wright Electro-Mechanical Corporation to Motion of the Debtors Pursuant to 11 U.S.C. 363(b), 365(a), and 105(a) for Entry of Order Authorizing Debtors to (I) Enter Into Services Agreement with Vogtle Owners, (II) Assume and Assign Certain Executory Contracts to Vogtle Owners, (III) Assume and Amend Certain Executory Contracts, and (IV) Reject the Vogtle EPC Contract [ECF No. 898] 17. Objection and Reservation of Rights of Curtiss-Wright Nuclear Division to Motion of the Debtors Pursuant to 11 U.S.C. 363(b), 365(a), and 105(a) for Entry of Order Authorizing Debtors to (I) Enter Into Services Agreement with Vogtle Owners, (II) Assume and Assign Certain Executory Contracts to Vogtle Owners, (III) Assume and 13

14 Pg 14 of 14 Amend Certain Executory Contracts, and (IV) Reject the Vogtle EPC Contract [ECF No. 899] 18. MRC Global (US) Inc. s Limited Objection and Reservation of Rights Relating to Assumption and Assignment of Executory Contract to Vogtle Owners [ECF No. 901] 19. Objection of Doosan Heavy Industries & Construction Co., Ltd. to Proposed Cure and Form of Contractual Amendment in Connection with Motion Seeking to, among Other Things, Assume and Amend Certain Purchase Orders by Westinghouse and Georgia Power Corporation, as Agent to the Vogtle Owners [ECF No. 902] 20. Flowserve Corporation s Objection to Cure Amount Related to Proposed Assumption and Assignment of Contracts for the Vogtle Project [ECF No. 907] 21. Objection MRC Global (US) Inc.'s Amended Limited Objection and Reservation of Rights Relating to Assumption and Assignment of Executory Contract to Vogtle Owners [ECF No. 911] 22. Objection of Premier Trailer Leasing, Inc. to Debtors' Motion to (I) Enter Into Services Agreement with Vogtle Owners, (II) Assume and Assign Certain Executory Contracts to Vogtle Owners, (III) Assume and Amend Certain Executory Contracts, and (IV) Reject the Vogtle EPC Contract [ECF No. 918] [Not Filed Timely] 23. Objection of The Lincoln Electric Company to Motion of Debtors Pursuant to 11 U.S.C. 363(b), 365(a), and 105(a) for Entry of Order Authorizing Debtors to (I) Enter Into Services Agreement with Vogtle Owners, (II) Assume and Assign Certain Executory Contracts to Vogtle Owners, (III) Assume and Amend Certain Executory Contracts, and (IV) Reject the Vogtle EPC Contract [ECF No. 921] 24. Aecon Industrial's Limited Objection and Reservation of Rights Regarding Motion of Debtors Pursuant to 11 U.S.C. 363(b), 365(a), and 105(a) for Entry of Order Authorizing Debtors to(i) Enter Into Services Agreement with Vogtle Owners, (II) Assume and Assign Certain Executory Contracts to Vogtle Owners, (III) Assume and Amend Certain Executory Contracts, and (IV) Reject to Vogtle EPC [ECF No. 923] 14