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USACM Liquidating Trust v. Placer County Land Speculators, LLC, 2:08-cv-01276-KJD-RJJ. (2015)

Court: District Court, D. Nevada Number: infdco20150223979 Visitors: 11
Filed: Feb. 20, 2015
Latest Update: Feb. 20, 2015
Summary: ORDER: (1) AUTHORIZING RECEIVER TO OBTAIN NEW FINANCING AND ISSUE RECEIVER CERTIFICATES; AND (2) APPROVING FORBEARANCE AGREEMENT KENT J. DAWSON, District Judge. Upon consideration of the Motion of Receiver for Order: (1) Authorizing Receiver to Obtain New Financing and Issue Receiver Certificates; and (2) Approving Forbearance Agreement [Docket No. 833], the Court having considered the motion and arguments, and good cause appearing, IT IS ORDERED that: 1. The motion is granted. 2. The Recei
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ORDER: (1) AUTHORIZING RECEIVER TO OBTAIN NEW FINANCING AND ISSUE RECEIVER CERTIFICATES; AND (2) APPROVING FORBEARANCE AGREEMENT

KENT J. DAWSON, District Judge.

Upon consideration of the Motion of Receiver for Order: (1) Authorizing Receiver to Obtain New Financing and Issue Receiver Certificates; and (2) Approving Forbearance Agreement [Docket No. 833], the Court having considered the motion and arguments, and good cause appearing,

IT IS ORDERED that:

1. The motion is granted.

2. The Receiver is authorized to obtain new financing with Socotra Capital as set forth in the Motion, or other financing on more favorable terms, if such can be obtained.

3. In the event the Receiver is able to obtain other financing on more favorable terms, the Receiver is directed as follows:

a. The Receiver shall send a notice to the Owners describing such financing and why the proposed financing is more favorable;

b. The Owners shall have 10 days from service of the notice to object solely on the issue of whether the proposed financing is more favorable;

c. In the event of a dispute over whether the proposed financing is more favorable, the Court will hold a hearing solely on that issue; and

d. In the event of no dispute over whether the proposed financing is more favorable after the 10 day period expires, the Receiver shall submit a supplemental order approving the more favorable financing.

4. The Receiver is authorized to issue receiver certificates, if necessary, in connection with such financing and to take all other actions necessary to obtain and implement the new financing.

5. The forbearance agreement with Gold Coast as set forth in the Motion is approved.

Source:  Leagle

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