Jevic Holding Corp. v.

PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 14-1465 ___________ In re: JEVIC HOLDING CORP., et al., Debtors OFFICIAL COMMITTEE OF UNSECURED CREDITORS on behalf of the bankruptcy estates of Jevic Holding Corp., et al. v. CIT GROUP/BUSINESS CREDIT INC., in its capacity as Agent; SUN CAPITAL PARTNERS, INC.; SUN CAPITAL PARTNERS IV, LP; SUN CAPITAL PARTNERS MANAGEMENT IV, LLC CASIMIR CZYZEWSKI; MELVIN L. MYERS; JEFFREY OEHLERS; ARTHUR E. PERIGARD and DANIEL C. RICHARDS, on behalf of themselves and all others similarly situated, Appellants __________ On Appeal from the United States District Court for the District of Delaware (D.C. No. 13-cv-00104 & 1-13-cv-00105) District Judge: Honorable Sue L. Robinson ___________ Argued January 14, 2015 Before: HARDIMAN, SCIRICA and BARRY, Circuit Judges ____________ ORDER AMENDING OPINION ____________ IT IS HEREBY ORDERED that the opinion in the above case, filed May 21, 2015, be amended as follows: Page 14, line 7, which read: First, Federal Rule of Bankruptcy Procedure 9019 expressly authorizes settlements as long as they are “fair and equitable.” shall read: First, Federal Rule of Bankruptcy Procedure 9019 authorizes settlements as long as they are “fair and equitable.” This amendment does not change the filing date of the judgment or the original opinion. BY THE COURT, s/ Thomas M. Hardiman Circuit Judge DATED: August 18, 2015 2