Attachment Consummation

Consummation

LETTER submitted by SkyPort International, Inc. (SkyPort)

Consummation

2006-03-31

This document pretains to SES-ASG-20060303-00360 for Assignment on a Satellite Earth Station filing.

IBFS_SESASG2006030300360_492146

555 Eleventh Street, N.W., Suite 1000 Washington, D.C. 20004—1304 Tel: (202) 637—2200 Fax: (202) 637—2201 werhw.com FIRM / AFFILIATE OFFICES LATHAMsWATKINS@ Brussels New York Chicago Northern Virginia Frankfurt Orange County Hamburg Paris Hong Kong San Diego March 31, 2006 London San Francisco Los Angeles Shanghal Milan Silicon Valley DELIVERY Moscow Singapore Munich Tokyo Ms. Marlene H. Dortch New Jersey Washington, D.C. Secretary Federal Communications Commission 445 Twelfth Street, SW Washington, DC 20554 Attn: JoAnne Lucanik, International Bureau Jeanette Spriggs, International Bureau Re: SkyPort International, Inc., Notification of Consummation of Assignment of Licenses File Nos. SES—ASG—20060303—00359 (Call Sign £050044); SES—ASG— 20060303—00360 (Call Signs £O00361; £010295) Dear Ms. Dortch: This letter is written on behalf of SkyPort International, Inc. ("SkyPort") to notify the Commission that the above—referenced assignments of FCC licenses from SkyPort International, Inc. Debtor in Possession to SkyPort were consummated on March 30, 2006, upon approval of the United States Bankruptcy Court for the Southern District of Texas.‘ The order of the bankruptcy court is aftached hereto as Exhibit A. In the event there are any questions concerning this matter, please contact the undersigned at (202) 637—2120. Sincerely, Jeffrey A. Marks Attachment \ The Commission granted its consent to the above—captioned applications by Public Notice on March 20, 2006, subject to approval of the bankruptcy court. Public Notice, Rep. No. SES— 00805 at 2 (rel. Mar. 22, 2006). DC\BS1755.2

Exhibit A Stipulation and Order of Dismissal United States Bankruptcy Court for the Southern District of Texas In re: SkyPort International, Inc. DC\BS1755.2

IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: § § SKYPORT INTERNATIONAL, INC,., § Case No. 05—95172—H2—11 § (Chapter 11) Debtor. § STIPULATION AND ORDER OFDISMISSAL #¢ F/ Upon consideration of the Motion for Order Dismissing Case (the "Motion‘") filed by the Debtor; and due and adequate notice having been given under the circumstances; and it appearing that the relief requested is in the best interests of the Debtor‘s estate, the creditors, and other parties in interest; and the Official Committee of Unsecured Creditors (the "Committee") having agreed to support the Motion in consideration of, among other things, the agreement of the Debtor to provide for payment to unsecured creditors in the amounts set forth on the attached Exhibit "A" and in accordance with the Stipulations set forth below; and good cause having been shown for the relief requested; The Debtor and the Committee stipulate as follows: 1. Exhibit "A" is a list prepared by the Debtor of its creditors holding prepetition unsecured claims, which the Debtor represents to be accurate according to its books and records; 2. For all creditors identified on Exhibit "A" as having claims of $10,000 or less, the Debtor has agreed to pay such creditors 100% of the amount so identified; 3. For all creditors identified on Exhibit "A" as having claims of greater than $10,000 but less than $100,000, the Debtor has agreed to make an initial payment to each such creditor consisting of 1/3 of the amount so identified; provided, however, that all such creditors shall retain all rights and remedies, under any applicable law, with respect to the remaining 2/3 HOUSTON\1944975.3

of such creditor‘s claim. To the extent creditors have or may agree to extend the Debtor repayment terms, the one—third (1/3) payment shall be deemed to have been made in month one, there shall be no payment in month two and payments shall resume in month three; 4. For all creditors identified on Exhibit "A" as having claims equal to or greater than $100,000, the Debtor has advised the Committee, and the Committee so believes, that the Debtor has reached agreement with each such creditor with respect to the satisfaction of such creditor‘s claims and payment shall be made by the Debtor in accordance with such agreements; 5. The payments described in Paragraphs 2—4 above shall be made by the Debtor by check mailed to such creditors (i) on the 11°" day after entry of this Order and the final order approving the Debtor‘s motion to approve post—petition financing provided no appeal to either order is perfected within such time or (ii) as otherwise agreed between the Debtor and such creditors; 6. The checks for all payments described in Paragraphs 2—4 above shall have been delivered to Debtor‘s counsel prior to entry of this Order with instructions for such payments to be delivered in accordance with Paragraph 5 above; 7. Debtor acknowledges that it is liable for the allowable fees and expenses of McClain, Leppert & Maney, P.C. as professionals retained by the Committee. Accordingly, it is hereby ORDERED that the Motion is GRANTED; ORDERED that Case No. 05—95172—H2—11 is dismissed without prejudice; ORDERED that to the fullest extent permitted, the Court shall retain jurisdiction to enforce the terms of this Order with respect to payment of the creditors identified on Exhibit "A" to this Order; and it is further HOUSTONM944975.3

ORDERED that the Court shall retain jurisdiction to determine any disputes concerning the payment of professionals retained in this Case for payment of fees and expenses incurred prior to entry of this Order; ORDERED that the Debtor within twenty (20) days of the date of entry of this Order shall file with the Clerk of the United States Bankruptcy court a statement of any disbursements made during each calendar quarter and of any fees payable under 28 U.S.C. § 1930(a)(6) for that quarter during the period from February 1, 2006, through the date of entry of this Order, and shall serve a true and correct copy of said statements on the United States Trustee. It is further ORDERED that the Debtor with twenty (20) days of the date of entry of this Order shall pay the appropriate sum of quarterly fees due and payable pursuant to 28 U.S.C. § 1930(a)(6) by remitting payment to the United States Trustee, P.O. Box 198246, Atlanta, Georgia, 30384, and shall furnish evidence of such payment to the United Sates Trustee, 515 Rusk, suite 3516, Houston, Texas. The payment shall reflect the Debtor‘s account number and shall be transmitted with a "Chapter 11 Quarterly Disbursement and Fee Report" available from the United States Trustee. This Court shall retain jurisdiction to enforce payment of fees assessed pursuant to 28 U.S.C. §1930(a)(6). . DATED: ZZ%@JZ_ 4d 200C Lleoh The Honorable Wesley W. Steen — United Sates Bankruptcy Judge HOUSTOM\LO44975.3

David P. State Bar No. 13386020 Tony L. Draper State Bar No. 00798156 South Tower, Pennzoil Place 711 Louisiana Street, Suite 3100 Houston, Texas 77002 COUNSE FOR THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS wz By: William A. (Trey) Wood, III State Bar No. 21916050 Stephanie S. Rosenberg State Bar No. 24033019 711 Louisiana, Suite 2300 Houston, Texas 77002 COUNSEL FOR THE DEBTOR SKYPORT INTERNATIONAL, INC. HOUSTON\1944075.3


Document Created: 2019-04-14 15:47:02
Document Modified: 2019-04-14 15:47:02
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