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Full title: Final Order Signed On 5/11/2021 Re: (I) Authorizing The Debtors To (A) Pay Certain Employee Wages And Other Compensation And Related Obligations And (B) Maintain And Continue Employee Benefits And Programs In The Ordinary Course, And (II) Authorizing And Directing Applicable Banks To Honor All Checks And Transfers Related To Such Obligations (Related Doc # 16) .

Document posted on May 10, 2021 in the bankruptcy, 5 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Upon the motion (the “Motion”)2 of Automotores Gildemeister SpA (“Gildemeister”) and certain of its affiliates, as debtors and debtors in possession in the above-captioned cases (collectively, the “Debtors”), for entry of interim and final orders, as more fully described in the Motion, authorizing the Debtors to pay certain Wages and Benefits, and for certain related relief; and upon the Declaration of Eduardo Moyano in Support of First Day Motions and Applications in Compliance with Local Rule 1007-2 (the “First Day Declaration”); and the Court having jurisdiction over this matter pursuant to 28 U.S.C. § 157 and 1334 and the Amended Standing Order of Reference from the United States District Court of New York dated January 31, 2012; and the Court having found that this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2), and 1 The Debtors, together with each of the Debtor’s Chilean, Brazilian, and/or Uruguayan tax identification number, as applicable, are: Automotores Gildemeister SpA (79.649.140-K),that the Court may enter a final order consistent with Article III of the United States Constitution, and the 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 the Court having found that the relief requested in the Motion is in the best interests of the Debtors, their estates, their creditors and the other parties in interest; and the Court having found that the Debtors’ notice of the Motion and opportunity for a hearing on the Motion was appropriate and no other notice need be provided; and the Court having reviewed the Motion and having heard the statements in support of the relief requested therein at a hearing before the Court (the “Hearing”); and the 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 the Court; and after due deliberation and sufficient cause appearing therefor, IT IS HEREBY ORDERED THAT: 1. Other than with respect to the Executive Contracts, the Debtors are authorized to modify, change or discontinue any of the Wages and Benefits and to implement new programs, policies, and benefits in the ordinary course of business during these Chapter 11 Cases in the Debtors’ discretion and without the need for further approval by this Court, unless such approval is required under 11 U.S.C. § 503(c), subject to applicable law.The banks and financial institutions on which checks were drawn or electronic payment requests made in payment of the prepetition obligations approved herein are authorized to receive, process, honor and pay all such checks and electronic payment requests when presented for payment, including all checks issued prepetition and presented for payment postpetition, and all such banks and financial institutions are authorized to rely on the Debtors’ designation of any p

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: Chapter 11 Automotores Gildemeister SpA, et al.,1 Case No. 21-10685 (LGB) Debtors. Jointly Administered FINAL ORDER (I) AUTHORIZING THE DEBTORS TO (A) PAY CERTAIN EMPLOYEE WAGES AND OTHER COMPENSATION AND RELATED OBLIGATIONS AND (B) MAINTAIN AND CONTINUE EMPLOYEE BENEFITS AND PROGRAMS IN THE ORDINARY COURSE, AND (II) AUTHORIZING AND DIRECTING APPLICABLE BANKS TO HONOR ALL CHECKS AND TRANSFERS RELATED TO SUCH OBLIGATIONS (“FINAL WAGES AND BENEFITS ORDER”) Upon the motion (the “Motion”)2 of Automotores Gildemeister SpA (“Gildemeister”) and certain of its affiliates, as debtors and debtors in possession in the above-captioned cases (collectively, the “Debtors”), for entry of interim and final orders, as more fully described in the Motion, authorizing the Debtors to pay certain Wages and Benefits, and for certain related relief; and upon the Declaration of Eduardo Moyano in Support of First Day Motions and Applications in Compliance with Local Rule 1007-2 (the “First Day Declaration”); and the Court having jurisdiction over this matter pursuant to 28 U.S.C. § 157 and 1334 and the Amended Standing Order of Reference from the United States District Court of New York dated January 31, 2012; and the Court having found that this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2), and 1 The Debtors, together with each of the Debtor’s Chilean, Brazilian, and/or Uruguayan tax identification number, as applicable, are: Automotores Gildemeister SpA (79.649.140-K), AG Créditos SpA (76.547.689-5), Marc Leasing, S.A. (96.658.270-7), Fonedar S.A. (216288040014), Camur S.A. (216589740015), Lodinem S.A. (217115010014), Carmeister S.A. (96.630.690-7), Maquinaria Nacional S.A. (Chile) (96.812.980-5), RTC S.A. (89.414.100-K), Fortaleza S.A. (76.856.380-2), Maquinarias Gildemeister S.A. (78.862.000-8), Comercial Gildemeister S.A. (76.856.310-1), and Bramont Montadora Industrial e Comercial de Vehiculos S.A. (04.926.142/0002-16). The location of the corporate headquarters and the service address for Automotores Gildemeister SpA is: 11000 Avenida Las Condes Vitacura, Santiago, Chile. 2 Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Motion.

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that the Court may enter a final order consistent with Article III of the United States Constitution, and the 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 the Court having found that the relief requested in the Motion is in the best interests of the Debtors, their estates, their creditors and the other parties in interest; and the Court having found that the Debtors’ notice of the Motion and opportunity for a hearing on the Motion was appropriate and no other notice need be provided; and the Court having reviewed the Motion and having heard the statements in support of the relief requested therein at a hearing before the Court (the “Hearing”); and the 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 the Court; and after due deliberation and sufficient cause appearing therefor, IT IS HEREBY ORDERED THAT: 1. The Motion is GRANTED to the extent set forth herein. 2. The Debtors are authorized to pay the Wages and Benefits and/or honor their wage and benefit obligations, as payments come due in the ordinary course, in accordance with their stated policies, in the ordinary course of their businesses, and consistent with their past practices, including amounts owing as of the Petition Date on account of (i) Employee Compensation, (ii) Reprocesos, (iii) Unpaid Compensation, (iv) Employee Deductions, (v) Payroll Taxes, (vi) Reimbursable Expenses and (vii) the Employee Benefits, provided however, the Debtors shall not be authorized to pay Reimbursable Expenses to any single individual in an amount exceeding $1,000. 3. The Debtors are authorized, but not directed, to continue to honor the Wages and Benefits, make necessary contributions, pay any unpaid premium, claim, or amount owed in

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connection therewith as of the Petition Date, in accordance with the Debtors’ ordinary course of business and stated policies, as set forth in the Motion, provided that nothing in this paragraph shall be in derogation of section 503(c) of the Bankruptcy Code. 4. Other than with respect to the Executive Contracts, the Debtors are authorized to modify, change or discontinue any of the Wages and Benefits and to implement new programs, policies, and benefits in the ordinary course of business during these Chapter 11 Cases in the Debtors’ discretion and without the need for further approval by this Court, unless such approval is required under 11 U.S.C. § 503(c), subject to applicable law. 5. Nothing in this order should be construed as approving any transfer pursuant to 11 U.S.C. § 503(c), and a separate motion will be filed for any request that could fall within Section 503(c). No payment to any employee may be made to the extent that it is a transfer in derogation of section 503(c) of the Bankruptcy Code. This Order does not implicitly or explicitly approve any bonus plan, incentive plan, severance plan or other plan covered by Section 503(c) of the Bankruptcy Code. 6. Nothing in this order should be construed as approving payment to an Employee on account of pre-petition wages, salaries, or commissions, including vacation, severance, and sick leave pay, in an amount exceeding the priority claim cap set forth in 507(a)(4) of the Bankruptcy Code. 7. The Debtors are authorized to make payments to applicable third parties from the Employee Deductions, Employee Benefits and the Payroll Taxes, in accordance with the Debtors’ ordinary course of business and stated policies, as set forth in the Motion. 8. The banks and financial institutions on which checks were drawn or electronic payment requests made in payment of the prepetition obligations approved herein are authorized

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to receive, process, honor and pay all such checks and electronic payment requests when presented for payment, including all checks issued prepetition and presented for payment postpetition, and all such banks and financial institutions are authorized to rely on the Debtors’ designation of any particular check or electronic payment request as approved by this Order. 9. The Debtors are authorized to reissue any check or electronic payment that originally was given in payment of any prepetition amount authorized to be paid under this Order that is not cleared by the applicable bank or financial institution. 10. Notwithstanding the relief granted in this Order and any actions taken pursuant to such relief, nothing in this Order shall be deemed: (i) an admission as to the validity, priority or amount of any claim against a Debtor entity; (ii) a waiver of the Debtors’ or any party-in-interest’s right to dispute any claim on any grounds; (iii) a propose or requirement to pay any claim; (iv) an implication or admission that any particular claim is of a type specified or defined in this Order or the Motion; (v) a requirement or authorization to assume any agreement, contract or lease pursuant to section 365 of the Bankruptcy Code or (vi) a waiver of the Debtors’ or any party-in-interest’s rights under the Bankruptcy Code or any other applicable law. 11. The authorization granted to the Debtors in this order are subject to the terms of any interim or final orders entered by the Court (in either case, the “DIP Orders”) approving the Debtors’ use of cash collateral and entry into that certain debtor in possession financing facility dated as of the closing thereof, among, inter alia, Acquiom Agency Services LLC as administrative agent, TMF Group New York, LLC as collateral agent, the lenders from time to time party thereto, and the Debtors as borrowers and guarantors thereof (the “DIP Credit Agreement”). In the event the relief granted herein or any action taken or proposed to be taken hereunder is inconsistent with the terms of the DIP Orders or the amounts detailed in the DIP Credit Agreement, the terms of the

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DIP Orders and DIP Credit Agreement shall control. The Debtors shall not be authorized to make any payments to the extent inconsistent with the DIP Orders or the DIP Credit Agreement and the Debtors’ payment of all Claims pursuant to this Order shall be subject to the Budget (as such term is defined in the DIP Orders) and any limitations or variances thereto contained in the DIP Documents (as defined in the DIP Orders). 12. The Debtors are authorized to take all actions necessary to effectuate the relief granted pursuant to this Order in accordance with the Motion. 13. The requirements of Bankruptcy Rule 6003(b) are satisfied by the contents of the Motion or otherwise deemed waived. Notwithstanding Bankruptcy Rule 6004, the terms and conditions of this Order shall be immediately effective and enforceable upon its entry. 14. This Court shall retain exclusive jurisdiction with respect to all matters arising from or related to the implementation, interpretation, or enforcement of this Order. Dated: May 11, 2021 /s/ Lisa G. Beckerman__________ New York, New York HONORABLE LISA G. BECKERMAN UNITED STATES BANKRUPTCY JUDGE

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