18-50049-rbk Doc#32 Filed 05/29/18 Entered 05/29/18 17:52:25 Main Document Pg 1 of The relief described hereinbelow is SO ORDERED. Signed May 29, 2018. Ronald B. King Chief United States Bankruptcy Judge IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION In re: A GACI, L.L.C., Debtor. Chapter 11 Case No. 18-50049-rbk ORDER GRANTING DEBTOR S FIRST OMNIBUS MOTION TO REJECT CERTAIN EXECUTORY CONTRACTS PURSUANT TO BANKRUPTCY CODE 35 AND BANKRUPTCY RULE 00 The Court has considered the Debtor s First Omnibus Motion to Reject Certain Executory Contracts Pursuant to Bankruptcy Code 35 and Bankruptcy Rule 00 (the Motion ), filed by the above-captioned debtor (the Debtor ). The Court finds that: (i) it has jurisdiction over the matters raised in the Motion pursuant to 28 U.S.C. 157 and 1334; (ii) this is a core proceeding pursuant to 28 U.S.C. 157(b)(2); (iii) the relief requested in the Motion is in the best interests of the Debtor, its estate, and its creditors; (iv) proper and adequate notice of 1
18-50049-rbk Doc#32 Filed 05/29/18 Entered 05/29/18 17:52:25 Main Document Pg 2 of the Motion has been given and no other or further notice is necessary; and (v) upon the record herein after due deliberation thereon, good and sufficient cause exists for the granting of the relief as set forth herein. Therefore, IT IS HEREBY ORDERED THAT: 1. The Motion is GRANTED. 2. Pursuant to Bankruptcy Code 35 and Bankruptcy Rule 00, the contracts included on Schedule 1 of this Order (collectively, the Contracts ) shall be deemed rejected effective as of effective date of rejection listed in Schedule 1 with respect to each Contract without further order of the Court and without the need for further action by the Debtor or any other party. 3. The terms and conditions of this Order shall be immediately effective and enforceable upon its entry. 4. To the extent that Bankruptcy Rule 004(h) is applicable, the terms and conditions of this Order shall be immediately effective and enforceable upon its entry. 5. This Court shall retain jurisdiction with respect to all matters relating to the interpretation or implementation of this Order. # # # 2
18-50049-rbk Doc#32 Filed 05/29/18 Entered 05/29/18 17:52:25 Main Document Pg 3 of Submitted by: Ian T. Peck State Bar No. 2401330 David Staab State Bar No. 24093194 HAYNES AND BOONE, LLP 2323 Victory Avenue, Suite 700 Dallas, TX 75219 Telephone: 214.51.5000 Facsimile: 214.51.5940 Email: ian.peck@haynesboone.com Email: david.staab@haynesboone.com ATTORNEYS FOR DEBTOR 3
18-50049-rbk Doc#32 Filed 05/29/18 Entered 05/29/18 17:52:25 Main Document Pg 4 of Schedule 1 Contracts 4845-52-3907
18-50049-rbk Doc#32 Filed 05/29/18 Entered 05/29/18 17:52:25 Main Document Pg 5 of Contract Counterparty Name and Address Douglas Christopher Love Construction 18351 Beach Blvd. Ste. #1 Huntington Beach, CA 9248 MJR Group Services LLC, dba Jan-Pro Cleaning Systems of San Antonio Attn: Jennifer Carswell 435 Isom Rd, Ste 214 San Antonio, TX 7821 Prevue HR Systems Inc. 121-10551 Shellbridge Way Richmond, BC VX2W9 admin@prevuehr.com ThyssenKrupp Elevator Corporation Calle 4 Edificio, Esquina los Pinos, Zona Industrial Palmas Catano, PR 0092 Jorge.amador@thyssenkrupp.com ThyssenKrupp Elevator Corporation 5449 Bear Lane, Suite 40 Corpus Christi, TX 78405 Gregory.laznovsky@thyssenkrupp.com Contract Description Statement of Work #1, effective as of January 1, 2017, entered into by Douglas Christopher Love Construction and A GACI, L.L.C., as well as underlying MVA-Non- Merchandise Goods and Services executed on December 1, 2017 Service Agreement dated August 9, 201 between MJR Group Services LLC., dba Jan-Pro Cleaning Systems of San Antonio or its Assigns, and A GACI (cleaning services at San Antonio offices) Prevue Online/Prevue Assessments Standard Terms of Supply Agreement (Debtor was provided access to certain proprietary software which enabled it to administer assessments to candidates and manage candidate and position data) Gold Maintenance Agreement with term commencing on April 9, 201, between ThyssenKrupp Elevator Corporation and A GACI (Escalator/hydraulic maintenance at A GACI, Plaza Del Norte Hatillo, 50 Truncado Street, Hatillo, PR 0059) Platinum Premier Maintenance Agreement with term commencing on November 23, 2012 between ThyssenKrupp Elevator Corporation and A GACI (Escalator/hydraulic maintenance at A GACI, 2200 S. 10th Street, McAllen, TX 78503 Effective Date of Rejection 5/1/2018 /1/2018 5/1/2018 5/15/2018 5/15/2018 1
18-50049-rbk Doc#32 Filed 05/29/18 Entered 05/29/18 17:52:25 Main Document Pg of Contract Counterparty Name and Address UNiDAYS Inc. 12 W 31 st Street, th Floor New York NY 100001 info@myunidays.com Contract Description Work Order with commencement Date of June 15, 2017 executed by A GACI on January, 2017 and by UniDAYS Inc. on May 31, 2017, as well as underlying Agreement referenced therein (Ecommerce Contract) Effective Date of Rejection 5/1/2018 2