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Full title: Order and Notice of Hearing Signed on 2/26/2021 (RE: related document(s)423 Debtors Emergency Motion for Entry of an Order (I) Authorizing the Debtors to Obtain Postpetition Secured Financing, (II) Granting Liens and Superpriority Administrative Expense Status, (III) Granting Adequate Protection, and (IV) Modifying the Automatic Stay filed by Debtor FM Coal, LLC, et al., 425 Granting Motion to Expedite Hearing filed by Debtor FM Coal, LLC, et al.). Hearing scheduled 3/3/2021 at 10:00 AM at Courtroom 3 (TOM) Birmingham. (rwh) (Entered: 02/26/2021)

Document posted on Feb 25, 2021 in the bankruptcy, 2 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Jointly Administered ORDER SETTING EXPEDITED HEARING Upon the Motion2 of the above-captioned Debtors for entry of an order (this “Order”), pursuant to section 105 of the Bankruptcy Code and Bankruptcy Rule 9006(c), setting an expedited hearing on the Debtors’ Emergency Motion for Entry of an Order (I)Granting Adequate Protection, and (IV) Modifying the Automatic Stay (the “Underlying Motion”); and this Court having determined it has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the General Order of Reference from the United States District Court for the Northern District of Alabama dated July 16, 1984, as amended July 17, 1984; and this Court having found that this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and this Court having found that venue of this proceeding and the Motion in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and this Court having found that the Debtor’s notice of the Motion and opportunity for a hearing on the Motion were appropriate under the circumstances and no other notice need be provided; and this Court having reviewed the Motion and having heard 1 The Debtors in these cases, along with the last four digits of each Debtor’s federal tax identification number, are: FM Coal, LLC (1768); Cane Creek, LLC (3207); M. S. & R. Equipment Co., Inc. (3487); Cedar Lake Mining, Inc. (6132); Best Coal, Inc. (2487); and Xinergy of Alabama, Inc. (3009) 2 Capitalized terms shall have the same meanings as defined in the Motion unless otherwise defined herein. the statements in support of the relief requested therein at a hearing before this Court (the “Hearing”), if any; and this Court having determined that the legal and factual bases set forth in the Motion and at the Hearing establish just cause for the relief granted herein; and upon all of the proceedings had before this Court; and after due deliberation and sufficient cause appearing therefor, it is hereby ORDERED as follows: 1. Any objections to the Underlying Motion shall be filed by _March 2, 2021 at 2:00 p.m. (prevailing Central Time).The Debtors shall provide notice of such hearing by serving a copy of this Order on the service list identified in the Underlying Motion.

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UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA In re: ) ) Chapter 11 FM COAL, LLC, et al.,1 ) ) Case No. 20-02783 (TOM) Debtors. ) ) Jointly Administered ORDER SETTING EXPEDITED HEARING Upon the Motion2 of the above-captioned Debtors for entry of an order (this “Order”), pursuant to section 105 of the Bankruptcy Code and Bankruptcy Rule 9006(c), setting an expedited hearing on the Debtors’ Emergency Motion for Entry of an Order (I) Authorizing the Debtors to Obtain Postpetition Secured Financing, (II) Granting Liens and Superpriority Administrative Expense Status, (III) Granting Adequate Protection, and (IV) Modifying the Automatic Stay (the “Underlying Motion”); and this Court having determined it has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the General Order of Reference from the United States District Court for the Northern District of Alabama dated July 16, 1984, as amended July 17, 1984; and this Court having found that this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and this Court having found that venue of this proceeding and the Motion in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and this Court having found that the Debtor’s notice of the Motion and opportunity for a hearing on the Motion were appropriate under the circumstances and no other notice need be provided; and this Court having reviewed the Motion and having heard 1 The Debtors in these cases, along with the last four digits of each Debtor’s federal tax identification number, are: FM Coal, LLC (1768); Cane Creek, LLC (3207); M. S. & R. Equipment Co., Inc. (3487); Cedar Lake Mining, Inc. (6132); Best Coal, Inc. (2487); and Xinergy of Alabama, Inc. (3009) 2 Capitalized terms shall have the same meanings as defined in the Motion unless otherwise defined herein.

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the statements in support of the relief requested therein at a hearing before this Court (the “Hearing”), if any; and this Court having determined that the legal and factual bases set forth in the Motion and at the Hearing establish just cause for the relief granted herein; and upon all of the proceedings had before this Court; and after due deliberation and sufficient cause appearing therefor, it is hereby ORDERED as follows: 1. The Motion is GRANTED. 2. The Underlying Motion is hereby set for hearing on _March 3, 2021 at 10:00 a.m. (prevailing Central Time). The hearing will be conducted telephonically. Any party wishing to attend the hearing may do so by dialing 1-877-336-1280 and entering access code 2653346# when prompted. 3. Any objections to the Underlying Motion shall be filed by _March 2, 2021 at 2:00 p.m. (prevailing Central Time). 4. The Debtors shall provide notice of such hearing by serving a copy of this Order on the service list identified in the Underlying Motion. 5. This Court shall retain jurisdiction with respect to all matters arising from or related to the implementation or interpretation of this Order. Dated: February 26, 2021 /s/ Tamara O. Mitchell __________ TAMARA O. MITCHELL UNITED STATES BANKRUPTCY JUDGE

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