Free Motion for Hearing - District Court of Delaware - Delaware

Case 1:06-cv-00508-JJF Document 4 Filed 08/15/2006 Paget of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: )
1 )
GLOBAL HOME PRODUCTS, LLC, et al., ) Case N0. 06-10340 (KG)
) (Jointly Administered)
Debtors. )
) Chapter 11
)
)
)
MOTION FOR EMERGENCY HEARING
Regal Ware, Inc. ("Regal Ware") hereby files this motion for an emergency
hearing on its Emergency Motion For Stay Pending Appeal Of Order Approving Motion
Of The Debtors For An Order (D Approving Sale By The WearEver Debtors Of
Substantially All Of The WearEver Debtors' Operating Assets Free And Clear OfAll
Liens, Claims, Encumbrances And Other Interests Pursuant To Sections 363(B), (F) And
(M) Of The Bankruptcy Code, (ID Assuming And Assigning Certain Executory Contracts
And Unexpired Leases, And (IID Granting Related Relief (The "Stay Motion"), tiled
contemporaneously herewith, and shows this Court as follows;
On August 8, 2006, the Bankruptcy Court approved the sale of the Debtors’
WearEver assets to SEB, SA ("SEB"). On August 14, 2006, the Bankruptcy Court
entered Order Approving Motion of Debtors for the Entry of an Order (I) Approving Sale
I The Debtors are the following entities: Global Home Products LLC; GHP Holding Company LLC;
GHP Operating Company LLC; Anchor Hocking Acquisition Inc.; Anchor Hocking Inc.; AH
Acquisition Puerto Rico, Inc.; Anchor Hocking Consumer Glass Corporation; Anchor Hocking CG
Operating Company LLC; Anchor Hocking Operating Company LLC; Burnes Acquisition Inc.;
Intercratt Company; Burnes Puerto Rico, Inc.; Picture LLC; Burnes Operating Company LLC; Debtors
Acquisition Inc.; Debtors Puerto Rico, Inc.; Debtors Operating Company LLC.
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Case 1:06-cv-00508-JJF Document 4 Filed 08/15/2006 Page 2 of 3
by the WearEver Debtors of Substantially all of WearEver Debt0rs' Assets Free and
Clear of all Liens, Claims, Enbumbrances and Other Interests, (ID Assuming and
Assigning Certain Executory Contracts and Unexpireal Leases, and (III) Granting
Related Relief (the "Sale Order," Docket No. 664).2
As part of the Sale Order, paragraphs 18, 19, 20 and 22, among others (the
"Assignment Approval Provisions"), authorize the Debtors to assume and assign the
Trademark Sublicense Agreement (defined below) between Newell Operating Company
("Newell") and Mirro Operating Company ("Mirro"). Regal Ware is the licensor party to
the Trademark Sublicense Agreement, in place of Newell, by virtue of the August 1,
2006 Assignment from Newell to Regal Ware.
A hearing on the Stay Motion was held on August 14, 2006 before the
Bankruptcy Court. The Bankruptcy Court denied the Stay Motion. Under the Asset
Purchase Agreement with SBB, the deadline for closing the sale expires on Friday,
August 18, 2006. However, the parties advise that they seek to close early in an effort to
moot Regal Ware’s appeal rights. Accordingly, it is essential that the District Court hear
Regal Ware’s Stay Motion as soon as possible and enter an order preserving the status
gpg until the Stay Motion can be heard.
2 All pleadings, orders and other court filings with the Bankruptcy Court referenced in the Motion are
located in the Appendix to the Motion, submitted herewith,
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Case 1:06-cv-00508-JJF Document 4 Filed 08/15/2006 Page 3 of 3
WHEREFORE, Regal Ware respectfully requests the Court grant it an expedited
hearing on the Stay Motion as soon as possible and in the interim, an order preserving the
status gg until the Stay Motion can be heard.
Date: August 15, 2006 Respectfully submitted,
KLEHR HARRISON HARVEY
BRANZBURG & ELLERS LLP
Morton R. Branzburg, Esq.
Steven K. Koitanek (Del. Bar No. 3106)
Jennifer L. Scoliard (Del. Bar No. 4147)
919 N. Market Street, Suite 1000
Wilmington, Delaware 19801
(302) 429-1189 — telephone
(302) 426-9193 — facsimile
-and-
RYAN KROMHOLZ & MANION, S.C.
Daniel R. Johnson, Esq.
Joseph A. Kromholz, Esq.
P. O. Box 26618
Milwaukee, Wisconsin 53226-0618
Attorneysfor Regal Ware, Inc.
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