UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------- x : In re : : Lehr Construction Corp., : : Debtor.
: : ---------------------------------------------------------------- x
Chapter 11 Case No. 11-10723 (SHL)
INTERIM ORDER PURSUANT TO SECTIONS 105(a) AND 363(b) OF THE BANKRUPTCY CODE (I) AUTHORIZING PAYMENT OF WAGES, COMPENSATION AND EMPLOYEE BENEFITS AND (II) AUTHORIZING FINANCIAL INSTITUTIONS TO HONOR AND PROCESS CHECKS AND TRANSFERS RELATED TO SUCH OBLIGATIONS Upon the motion, dated February 21, 2011 (the Motion), 1 of Lehr Construction Corp., as debtor and debtor in possession (the Debtor), 2 for an order pursuant to sections 105(a) and 363(b) of title 11 of the United States Code (the Bankruptcy Code) (i) authorizing payment of wages, compensation, certain severance, and employee benefits and (ii) authorizing the banks identified in Exhibit A (the Banks) to honor and process checks and electronic funds transfers related to such obligations, all as more fully described in the Motion; and the Court having jurisdiction to consider the Motion and the relief requested therein pursuant to 28 U.S.C. 157 and 1334 and the Standing Order of Referral of Cases to Bankruptcy Court Judges of the District Court for the Southern District of New York, dated July 19, 1984 (Ward, Acting C.J.); and consideration of the Motion and the relief requested being a core proceeding pursuant to 28 U.S.C. 157(b); and venue being proper before this Court pursuant to 28 U.S.C. 1408 and 1409; and notice of the Motion appearing adequate and appropriate under the circumstances, and
Capitalized terms used but not defined herein shall have the respective meanings ascribed to them in the Motion. The last four digits of the Debtors federal tax identification number are 3507.
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it appearing that no other or further notice need be provided; and the Court having determined that the relief requested in the Motion being in the best interests of the Debtor, its creditors, and all parties in interest; 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 upon all of the proceedings had before the Court and after due deliberation and sufficient cause appearing therefor, IT IS HEREBY ORDERED that the Motion is granted to the extent provided herein on an interim basis; and it is further ORDERED that, pursuant to sections 105(a) and 363(b) of the Bankruptcy Code, the Debtor is authorized, but not required, to satisfy certain prepetition Employee Obligations (as defined below) without further Order of the Court, and in accordance with the Debtors stated policies, including, without limitation, all obligations with respect to (i) wages and salaries, (ii) payroll taxes, social security taxes, Medicare taxes, (iii) paid time-off benefits, health and welfare benefit plans, (iv) savings plans, (v) business expense reimbursements 3, (vi) severance obligations (but for severance payments to any of the Debtors insiders (as such term is defined in Section 101(31) of the Bankruptcy Code) absent further order of this Court), (vii) other employee benefit programs, and (viii) all obligations with respect to insurance policies and coverage related to the foregoing (collectively, the Employee Obligations); and it is further ORDERED that, pursuant to sections 105(a) and 363(b) of the Bankruptcy Code, the Debtor is authorized, but not required, to pay its Employees amounts owed prior to the Petition Date related to the Employee Obligations up to the statutory cap of $11,725 per Employee; and it is further
Notwithstanding anything contained in this Order to the contrary, outstanding prepetition Expense Reimbursements shall be reimbursed up to an aggregate amount for all Employees of $11,655.
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ORDERED that the Debtor is authorized on an interim basis, but not required, to continue to honor its practices, programs, and policies with respect to its employees as such practices, programs, and policies were in effect as of the Petition Date, including, but not limited to the Employee Obligations; and it is further ORDERED that the Debtor is authorized, but not required, to pay costs and expenses incidental to the payment of the Employee Obligations, including all administration and processing costs and payments to outside professionals or independent contractors, in the ordinary course of business, in order to facilitate the administration and maintenance of the Debtors programs and policies related to the Employee Obligations; and it is further ORDERED that nothing in this Order nor any action taken by the Debtor in furtherance of the implementation hereof shall be deemed an approval of the assumption or rejection of any executory contract or unexpired lease pursuant to section 365 of the Bankruptcy Code; and it is further ORDERED that nothing in this Order shall impair the ability of the Debtor or appropriate party in interest to contest any claim of any creditor pursuant to applicable law or otherwise dispute, contest, setoff, or recoup any claim, or assert any rights, claims or defenses related thereto; and it is further ORDERED that each Bank and all other applicable banks or financial institutions are authorized, when requested by the Debtor in the Debtors sole discretion, to receive, process, honor and pay all checks drawn on or direct deposit and funds transfer instructions relating to the Debtors Accounts and any other transfers that are related to Employee Obligations, and the costs and expenses incident thereto; provided, however, that sufficient funds are available in the Accounts to make such payments; provided, further, that any such bank or financial institution
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may rely on the representations of the Debtor regarding which checks that were drawn or instructions that were issued by the Debtor before the Petition Date should be honored postpetition pursuant to an order of this Court and that any such bank or financial institution shall not have any liability to any party for relying on the representations of the Debtor as provided herein; and it is further ORDERED that the Debtor is authorized (consistent with this Order) to issue postpetition checks or to effect postpetition fund transfer requests in replacement of any checks or fund transfer requests related to Employee Obligations to the extent that such checks or transfers have been dishonored or rejected as a consequence of the commencement of the Debtors chapter 11 case; and it is further ORDERED that this Court shall retain jurisdiction to hear and determine all matters arising from or related to the implementation, interpretation and/or enforcement of this Order; and it is further ORDERED that a final hearing on the relief requested in the Motion shall be scheduled for March 23, 2011 at 11:00 a.m. (prevailing Eastern Time); and it is further ORDERED that notice of the Motion as provided herein shall be deemed good and sufficient notice of such Motion.
Dated: February 23, 2011 New York, New York
/s/ Sean H. Lane UNITED STATES BANKRUPTCY JUDGE
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EXHIBIT A BANK ACCOUNTS
Bank Name and Address Capital One N.A. 99 Smithtown Bypass Hauppauge, NY 11788
Account Description Lehr Operating
Account No. xxxxxxxx72
HSBC Bank USA, N.A. 145 Fifth Avenue New York, NY 10010 212-375-1273 Citibank 100 Citibank Drive San Antonio, TX 78245-3214 JP Morgan Chase Bank, N.A. P.O. Box 659754 San Antonio, TX 78265-9754 Gotham 1412 Broadway New York, NY 10018 212-944-2599 Amalgamated Bank 52 Broadway New York, NY 10004 212-894-3000
Lehr Operating 2 Sullivan & Cromwell Fidelity Strand CBS/CRG Covington & Burling Google Amalgamated, Unite Here, Makor Kramer Levin Renaissance Technologies Goldman Sachs/AT&T The Limited Carpenters Viacom/MTV Goldman NY Warburg Pincus Economist Payroll (II) Flexplan (checking) (Smartflex) Money Market Reimburseables Project Related
xxxxxxxx67 xxxxxxxx98 xxxxxxxx06 xxxxxxxx14 xxxxxxxx22 xxxxxxxx30 xxxxxxxx48 xxxxxxxx55 xxxxxxxx63 xxxxxxxx71 xxxxxxxx66 xxxxxxxx54 xxxxxxxx97 xxxxxxxx12 xxxxxxxx52 xxxxxxxx94 xxxxxxxx54 xxxxxxxx60 xxxxxxxx89 xxxxxxxx05 xxxxxxxxx43 xxx-xxxx7-1
Project Related
xxx-xxxxx88
Project Related
xx-xxxx-x64
Employee Medical Benefits
xxx-xxx-73
Project Related
xxxxxxx48
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