Thursday, November 29, 2012

Court Enters Order Finally Approving Sale Option Settlement Proposal



On November 21, 2012, the Court entered an Order finally approving the settlement between the Debtor and Halcon (“Order”), which constitutes the sale to Halcon of all of the Debtor's leases and assets, as is where is, for $10,000,000.  On or before December 12, 2012, the Debtor must file a Sale Motion setting forth the terms of the proposed sale to Halcon and indicating that such sale is subject to higher offers at a public hearing and auction.  The sale hearing has been scheduled for January 25, 2012 at 10:00a.m. in the Erie Bankruptcy Courtroom, U.S. Courthouse, 17 S. Park Row, Erie, PA 16501.  Responses to the Sale Motion shall be filed on or before December 28, 2012.

The Debtor’s advertisement of the sale will inform Potential Bidders that due diligence materials related to the Subject Interests are available for review.  Per the terms of the Order, any Potential Bidder is one who (i) has executed an appropriate confidentiality agreement and (ii) the Debtor or Broker reasonably believes is capable of submitting a Qualified Bidder Deposit of $1,000,000.  In order to be eligible to participate in the auction, each bidder must be determined to be a Qualified Bidder, which is a Potential Bidder that has submitted a Qualified Bidder Deposit and has submitted documentation evidencing sufficient financial resources and legal capacity to consummate the transaction.  

Any successful bidder shall pay Debtor’s counsel in escrow within ten (10) calendar days of the entry of an order confirming the sale.  Any successful bidder will accept the form and substance of all Ratifications of Leases in the Debtor’s possession as currently proposed, subject to further consent to amend in the interim.  A copy of the Order more thoroughly setting forth all of the specific requirements for any bidder and for the sale is available upon request to ozgascommittee@quinnfirm.com.