As you likely heard, Judge Lane approved the Debtors’ motions regarding the Rule 9019 settlement of the Clayton Act and authorizing immediate consummation of the Plan and the Merger. The Court also denied the Alioto Plaintiffs’ motion for a temporary restraining order. As part of the bench ruling during a thirty minute hearing that just concluded, the Court also made both determinations required under Paragraph 36 of the Confirmation Order including the Court’s determination that no re-solicitation of holders of claims or interests is required.
Judge Lane plans to issue a written ruling in several hours, and the parties presently expect that the closing will occur in Dallas on Monday, December 9, 2013, although that date could change.
Sharon L. Levine
Partner
Lowenstein Sandler LLP