EXHIBIT 10.13.4
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
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Chapter 11
In re: :
Case No. 01-16345 (BRL)
LODGIAN, INC., et al., :
Jointly Administered
Debtors. :
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POST CONFIRMATION ORDER AND NOTICE FOR JOINT PLAN OF
REORGANIZATION OF IMPAC HOTELS II, L.L.C. AND IMPAC HOTELS III, L.L.C.,
TOGETHER WITH THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS
UNDER CHAPTER 11 OF THE BANKRUPTCY CODE
WHEREAS, an order confirming the Joint Plan Of Reorganization Of Impac
Hotels II, L.L.C. and Impac Hotels III, L.L.C. (collectively, the "Impac
Debtors"),1 Together With The Official Committee Of Unsecured Creditors (the
"Committee") Under Chapter 11 Of The Bankruptcy Code, dated as of March 3, 2003
(the "Impac Plan") was entered by this Court on April 24, 2003 (the
"Confirmation Order"); and
WHEREAS, it is the Impac Debtors' responsibility to inform the Court of
the progress made toward (i) consummation of the Impac Plan under 11 U.S.C.
Section 1101(2); (ii) entry of a final decree under Rule 3022 of the Federal
Rules of Bankruptcy Procedure; and (iii) case closing under 11 U.S.C.Section350;
it is therefore
ORDERED that the Impac Debtors or such other party as the Court may
direct (the "Responsible Party") shall comply with the following:
(1) Periodic Status Reports. Subject to the requirements set forth in
paragraph 5 of this Order and 11 U.S.C.Section1106(a)(7), the
Responsible Party shall file, within 45 days after the date of this
Order, a status report detailing the actions taken by the Responsible
Party and the progress made toward the consummation
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(1) From time to time during the chapter 11 cases, the Impac Debtors have been
referred to as the "CCA Debtors." These terms are synonymous for all purposes.
of the Impac Plan. Reports shall be filed thereafter every January
15th, April 15th, July 15th and October 15th until a final decree has
been entered.
(2) Notices. The Responsible Party shall mail a copy of the
Confirmation Order and this Order to counsel for the Committee and all
parties who have filed a notice of appearance with the Court in these
Chapter 11 cases.
(3) Clerk's Charges and Report Information. Within 15 days of the date
of this Order, the Responsible Party shall submit a written request to
the Clerk to obtain the amount of any notice and excess claim charges.
The amount shall be paid in full not later than May 21, 2003.
(4) Closing Report and Final Decree. Within 15 days following the
distribution of any deposit required by the Impac Plan, or, if no
deposit was required, upon the payment of the first distribution to all
creditors as required by the Impac Plan, the Responsible Party shall
file a closing report in accordance with Local Bankruptcy Rule 3022-1
and an application for a final decree.
(5) Case Closing. Unless the Court orders otherwise, the Responsible
Party shall submit the information described in paragraph 4 herein,
including a final decree closing the case, within twelve (12) calendar
months from the date of the Confirmation Order, which time may be
extended at the option of the Impac Debtors for an additional six month
period provided notice of such option is filed with the Court. If the
Responsible Party fails to comply with this Order, the Clerk shall so
inform the Judge and an order to show cause may be issued.
Dated: April 24, 2003
New York, New York
/s/Burton R. Lifland
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HONORABLE BURTON R.
LIFLAND UNITED STATES BANKRUPTCY JUDGE
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