Document Page 1 of 7 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR 9004-1 LOWENSTEIN SANDLER LLP Kenneth A. Rosen, Esq. Jeffrey D. Prol, Esq. Nicole Fulfree, Esq. Michael Papandrea, Esq. 65 Livingston Avenue Roseland, New Jersey 07068 (973) 597-2500 (Telephone) (973) 597-2400 (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. 17-19899 (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, 2017 1 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). 31381/2 06/22/2017 48068142.4
Document Page 2 of 7 Page: 2 Debtors: Mountain Creek Resort, Inc., et al. Case No.: 17-19899 (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. 1408 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-
Document Page 3 of 7 Page: 3 Debtors: Mountain Creek Resort, Inc., et al. Case No.: 17-19899 (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 9013-1(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-
Document Page 4 of 7 Page: 4 Debtors: Mountain Creek Resort, Inc., et al. Case No.: 17-19899 (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-
Document Page 5 of 7 EXHIBIT A
Document Page 6 of 7 Company Name Total Open Balance 000005 A-1 PORTABLE TOILETS 1,797.58 003900 SYSCO GUEST SUPPLY 1,756.59 CARVE DESIGNS 1,658.97 005282 GREEN STAR INDUSTRIAL SUPPLY CO. 1,648.87 002108 ROCKIN FOOTWEAR, LLC 1,640.16 002131 ROOM SERVICE AMENITIES 1,611.73 000249 BALDOR SPECIALTY FOODS, INC. 1,555.10 004956 BOBCAT OF NORTH JERSEY 1,463.67 004748 TRIUS PEST MANAGEMENT 1,389.38 000624 DAKINE, INC. 1,265.83 006425 MUGS MEDIA 1,250.00 002174 SCHINDLER ELEVATOR CORP 1,245.57 ID EDGE 1,170.00 006566 KILLTEC N.A. Inc. 1,157.92 000481 CINTAS CORPORATION 1,127.18 000952 GARDA CL ATLANTIC, INC. 1,109.70 004526 H & H AUTO PARTS 1,103.94 001201 IRON MOUNTAIN 1,076.75 000325 BMI 1,061.62 002517 TOM SCHNEIDER 1,049.18 006060 LAKELAND AUTOPARTS 1,047.38 006108 NEOFUNDS BY NEOPOST 1,034.70 001686 MY STAFFING PRO 1,000.00 000391 CAFE PIERROT 988.75 006563 WISHY WASHY 988.40 002181 SCOTT USA 972.61 000783 ELAVON 952.83 002266 SMITH SPORT OPTICS, INC 950.00 006520 MA'S COFFEE SERVICE 927.50 000755 EARTHCARE 865.16 004676 UTZ QUALITY FOODS, INC 850.94 001817 NUCO2, INC 849.93 001486 MAESTRO PMS 780.00 006047 VERNON ELECTRICAL SUPPLY, INC 754.66 000568 CREATIVE CONCEPTS, INC 735.07 004375 PROFORMA 620.40 BASSANI POWER EQUIPMENT 618.72 UPS FREIGHT 617.51 MOHAWK INDUSTRIAL WORKS 584.90 002333 STAPLES ADVANTAGE 543.42 001044 GREY ELEPHANT, LLC 500.00 004445 NEW JERSEY HERALD 495.00 MEERA 472.00 006506 ORACLE AMERICA, INC. 465.00 006219 ALTEC 452.00 000744 DUX PAINT, LLC 418.12 006316 MOUNTAIN ICE SERVICE & SPRING WATER 376.72 000216 ASCAP (NASHVILLE) 369.99 006210 FEDEX 367.98 AWISCO 338.20 001876 PANDEMONIUM 315.80 006435 VENICE BAKERY 310.09 VERNON WP FIRE PREVENTION 300.00 002061 RENDENA SERVICES INC 246.10 001549 MCGOWAN, LLC 240.00 006018 JAY-HILL REPAIRS 224.44 006039 FEATHERSTONE FOODS,INC 214.50 006158 SPORT OBERMEYER, LTD 212.50 001465 LOX OF BAGELS 171.87 006460 MOBILE MINI 170.78 ACCUWEATHER 167.50 SUPERIOR POOL 145.91 001671 MR. MAT INC. 142.64 006479 ADG 136.08 006565 AMTECH COMMUNICATIONS INC. 125.00
Document Page 7 of 7 000157 AMLON INDUSTRIES, INC 112.58 001670 MR. JOHN INC 111.42 006306 MAGARINO FORD, LLC 97.75 001529 MASTER PLUMBING SUPPLY 64.28 002632 UPS 48.92 000183 ANTHONY & SONS BAKERY 37.55 006571 NJE-ZPASS 31.00 CRYSTAL SPRINGS 25.36 004928 POCONO PROFOODS 24.54 51,754.24