HomeMy WebLinkAboutNCG180086_COMPLETE FILE - HISTORICAL_19990827STORMWATER DIVISION CODING SHEET
RESCISSIONS
PERMIT NO.
N L� ZS bLA
DOC TYPE
91 COMPLETE FILE - HISTORICAL
DATE OF
RESCISSION
❑ I r ( " cl,
YYYYMMDD
,State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
WILLIAM E. SMITH
HICKORY WHITE HICKORY MANF. DIV.
POST OFFICE BOX 189
HICKORY, NC 28603
Dear Permittee:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 27, 1999
Subject: Reissue - NPDES Stormwater Permit
Hickory White Hickory Manf. Div.
COC Number NCG180086
Catawba County
In response to your renewal application for continued coverage under general permit NCG180000, the Division of
Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. This permit is reissued
pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement
between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983.
The following information is included with your permit package:
* A copy of general stormwater permit NCGI80000
* A Stormwater Pollution Prevention Plan (SPPP) Certification Form. Completion of this form is required to
certify that you have developed and implemented the SPPP as per the conditions of the permit. This form
must be completed and returned to the Division within 30 days of receipt of this letter.
DO NOT SEND the SPPP with the signed form.
* Five copies of the Analytical Monitoring form and five copies of the Qualitative Monitoring form
* A copy of a Technical Bulletin on the Stormwater program which outlines program components and
addresses frequently asked questions
* A corrected Certificate of Coverage if you indicated a name change on the Renewal Application
Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require
modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal
requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility
for compliance with any other applicable federal, state, or local law rule, standard, ordinance, order, judgment, or
decree.
If you have any questions regarding this permit package please contact Bill Mills of the Central Office Stormwater
and General Permits Unit at (919) 733-5083, ext. 548
Sincerely,
for Kerr T. Stevens
Director, Division of Water Quality
cc: Central Files
Mooresville Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733.5083 FAX 919-733.9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG180000
CERTIFICATE OF COVERAGE No. NCG180086
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
HICKORY WHITE
is hereby authorized to discharge stormwater from a facility located at
HICKORY WHITE
856 7TH AVE SE
HICKORY
CATAWBA COUNTY
to receiving waters designated as Clark Creek in the Catawba River Basin
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I,11, III,
IV, V, and VI of General Permit No. NCG180000 as attached.
This certificate of coverage shall become effective August 27, 1999.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day August 27, 1999.
for Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
June 9, 1995
Ted Wacaster
Hickory Manufacturing Div
300 Oak Street
HighPoint, NC 27260
Subject: General Permit No. NCG 180000
Hickory Manufacturing Div
COC NCG180086
Catawba County
Dear Ted Wacaster:
In accordance with your application for discharge permit received on March 29, 1995, we are
- —_> -_•forwarding herewith%the subject certificate of coverage to discharge under. the subject state--NPDES-general- - —
permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and
the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated
December 6, 1983.
_ If any parts, measurement frequencies or sampling requirements contained in this permit are _
unacceptable to you, you have the right to request an individual permit by sulimifting an individual permit
application. Unless such demand is made, this certificate of coverage shall be final and binding.
Please take notice that this certificate of coverage is not transferable except after notice to the Division
of Environmental Management. The Division of Environmental Management may require modification or
revocation and reissuance of the certificate of coverage.
This permit does not affect the legal requirements to obtain other permits which may be required by the
Division of Environmental Management or permits required by the Division of Land Resources, Coastal
Area Management Act or any other Federal or Local governmental permit that may be required.
If you have any question concerning this permit, please contact MR. BILL MILLS at telephone number
919/733-5083.
Sincerely„ ,gin?I Signed BY
Coleen H. Sullins
A. Preston Howard, Jr. P.E.
cc: Mooresville Regional Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
GENERAL PERMIT NO. NCG180000
CERTIFICATE OF COVERAGE NO. NCG180086
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
Hickory -White
is hereby authorized to discharge stormwater from a facility located at
Hickory Manufacturing Division
856 7th Avenue, S.E.
Hickory
Catawba County
to receiving waters designated as Clark Creek in the Catawba River Basin
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, I1, III
and IV of General Permit No. NCGI80000 as attached.
This Certificate of Coverage shall become effective June 9, 1995.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day June 9, 1995.
Original Signed. 6y
Craleen n. Suillns
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
By Authority of the Environmental Management Commission
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
WATER QUALITY SECTION
PERMIT NAME/OWNERSHIP CHANGE FORM
Permit Number: NCG180086
1. Permit holder's name:Hickory White Furniture Co.
2. Permit's signing official's name and title: Mike Robinson
(Person legally responsible for permit)
VP of Finance
(Title)
3. Mailing Address: P.O Box 1600 City: High Point
State: NC Zip Code: 27261 Phone: (910) 885-1200
1. This request for a name change is a result of:
-( a. Change in ownership of property/company
—b. Name change only
—c. Other (please explain): Hickory White was previously owned by
Sunstates Investment group. It is
now HWS Company Inc., dba Hickory
White under new asset owner Sherrill
Furniture Company Inc.
2. New owner's name (name to be put on permit): HWS Company Inc..
dba Hickory White
3. New owner's or signing official's name and title: Mike Powers
(Person legally responsible for permit)
Vice President
(Title)
4. Mailing Address: 2405 Highland Ave. NE City: Hickory
State: NC Zip Code: 28601 Phone: (704) 322-2640
PERMIT NAME/OWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF
ENVIRONMENTAL MANAGEMENT UNLESS ALL OF THE APPLICABLE ITEMS LISTED
BELOW ARE INCLUDED WITH THE SUBMITTAL.
REQUIRED ITEMS:,rir,
1. This completed application n
2. Processing fee of $100 (Checks to be made payable to DEHNR)
�r i 3Tn
3. If an ownership change, legal documentation of the transfer of iv
ownership (such as a contract, deed, articles of c
incorporation)
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT
PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF CHANGE OF
OWNERSHIP. FOR NAME CHANGE ONLY, COMPLETE AND SIGN THE APPLICANT'S
CERTIFICATION.
Current Permittee's Certification:
I, Mike Robinson I attest that this application for
name/ownership change has been reviewed and is accurate and
complete to the best of my knowledge. I understand that if all
required parts of this application are no completed and that if all
required supporting information and attachments are not included,
this application package will be returned as incomplete.
Signature:/%VL �� Date:
Applicants Certification:
I, Mike Powers , attest that this application for
name/ownership change has been reviewed and is accurate and
complete to the best of my knowledge. I understand that if all
required parts of this application are no completed and that if all
required supporting information and attachments are not included,
this application package will be returned as incomplete.
Signature: - A';"l Date:
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
North Carolina Division of Environmental Management
Water Quality Section
Permits and Engineering Unit
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Telephone: (919) 733-5083
Fax: (919) 733-0719
HICKORY WHITE
March 24, 1997
Dcar Valued Supplier,
We are pleased to announce that on March 14, 1997, Sherrill Furniture Company completed an Asset
Only purchase of the 1-lickory White Company, I ligh Point NC. Regrettably, liabilities will be addressed
at a future date by the US Bankruptcy Court.
Going forward, we iquesl that you grant Open Account slalus to 1IWS Company, Inc. dba Hickory
White. Because it is a newly formed, wholly owned subsidiary of Sherrill Furniture Company, please
consider Sherrill's excellent credit history and strong financial position in making your decision.
We are keenly aware of your difficult situation with respect to (lickory White. I lowever please be
assured that it is our intention to form a mutually beneficial partnership with you as we move into the
future. The data below is offered for your consideration:
I_I=GAL NAML=: I IW`i Company, Inc. Slicrrill Furniturc Company
DOING 13U51NI_55 A5: Hickory Whiec As Above
DA"I L OF INCOKPOKAI ION: 14 97 6-II 47
S I"Al'1= 01= INCOEI'OKA1 ION: NC IJC
PM15 NUMl3I E: Applird 1 or 00 32.2. t 3:i0
1-FI7LKN_ ID NUMI31_-E: 56-0475593 (Same for 13o1:h)
N G SAI_I15 & 1J51-- I AX NUMBER: /105-9-01f.',055d 9 (5amc for l3oeh)
13ANK: 13KANCI 1 BANK & I-R051' 1'0 130X 459 I IICKOK'( NC 2f3603
ACCOUNI' 1--XI=Gt)HVL: EON LINDI_I=f: ACCOUNT //:511-f3977(376
P: (701) 326-64326 F: 70,1 32.6 OP0b
All invoices, quotes and inquiries should be directed to:
I IW5 Company Inc. dba Hickory Wrier,
FO box 996,1 lickory NC 2f3603
Accoune5 f2yrrblc:
Wood Purcha5ing:
lJpholsCcry furdm5ing:
1': (704) 327 26� 0
17: (704) 322.-f36211
F: (910) b54-2214
F: 704 324 6,207
F: 704 322. 594 2
F: 910 �)bl 5329
If there are questions and concerns, please contact me directly. We look forward to doing business with
you.
Very truly yours,
Sherrill Furniture Con ny
Michael L. Powers, Vice President of Finance
Vj R^tur•n to: Marshall Yount, Attorney
600:(2C23 F,%E 396
FILED
nfnuen
RUTH HACKIE
asz 03-e8-9)
'97 MRR 20 P17 2 115
��-- Filed March 20, 1997 at 2:45 P ,M. and
S ATEOF 660- 00 REGISTER OF DEEDS
CATAWBA CO., N. C.
GpROLINA ¢;r Real Estate recorded-I'n Book t Page 396.
tJJ Excise Tax
REVENUE $1,660.00 RUTH MACKIE - REGISTER OF DEEDS
Excise Tax Recording Time, Book aria Page
Tax Lot No....37,13.-17.-0„0-9.072„_eo4.., 71.3,-17-00_-6874 Parcel Identifier No. _ ....... ......... ........................ ....... .... -.................
Verifiedby...... ........ ..... . ............ .,...... ,.... ...... County on the..... ,...... .... day of ........ ,................. ..,..... ..... ,...... ..... ..... 19............
by...................................... --- ................ ................. ............................006063................................................. ........ .............. ........ .-......
11fa11 after recording to ,Smith lie lma Mu 11 iss 6 Moore, L.L.P. (box 71. 2) (Chris Ne abate)
.............-............. ...................... ........................................... I ..... ................. _.............................
This instrument was prepared by. Smith.-Helma..Mu.III Sa...&...Moo Fe, ,.. L,1
Brief description for the Indek Two Tracts, 11Daa Avenue, S.E.
NORTH CAROLINA GENERAL WARRANTY DEED
I qrr
THIS DEED made this ._F. 7....+.h. Jay of ...... ...mAkC.h.............. ....... ......,.. 10.7. /.... by and between
GRANTOR
HICKORY WHITE COMPANY
GRANTEE
H W S COMPANY, INC.
P.O. Box 189
Hickory, NC 28603
Enter In appropriate block for each party; ra e, address, aria, If approPrla/e, chameter of entit, e., corporallen or partnership.
The designation Grantor and Grantee as used herein shall include said parties,.lheir heirs, auccessms, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context.
tVITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Crantee in fee simple. all that
certain lot or parcel of hand situated in the City of .... jq!l lcory ,,,,,, ,, ,,,,,, Township,
.,Catawba .. ............ ........ ....„Cuun ty, North Carolina and more paltictdm'ly deacribed as follolvs:
See Exhibit A attached hereto and incorporated herein by reference
N.l. car A--. roan No, s a llll..1-11en 1111.
EXILLBIT A bov2022 3 X'L 397
TRACT 1: BEGIM1LNC at mi iron stake in the centerline of Southern Railroad
2G0 foot righc-of-way, said iron scalce tp_ir; the northt:esc corner of Cranford
' Wbodcaiviil:,, Inc., property end the northeast corner of Hickory Furniture
Group, and tuns thence frcm said point of beginning South 40' 12' 55" East
102.55feet with the western line of Cranford Woodcarving.Inc., to an iron
pin; [hence. South 75' 28' East 110.40 feet to an old iron pin; thence
concinuin; in the saiie direction 4.60 feet co an iron pin; thence South 27'
30' 37" Icesc 10.45 feet to .n old iron Pin; thence South 25' 15' 46" East
142.35 feet to a nail located in the paved surface of Ninth Screet• SE; thence
on a line icit'nin the paved surface of Ninth Streec, SE, South 24' 52' 58" East
621.65 feet to a spike located within the paved surface of the intersection of
Ninch Screet, SE, <irh "D" Avenue, SE; thence on a line 1, ich is in the righc-
of-way for "D" Avenue, SE, for most of its run, North 86' 05' 13" hest 966.16
feet to an iron pin; thence South 26' 31' 57" East 0.70 feet to an old iron
pin; thence Souch 66' 01' 51" west 47.16 feet to an iron pin in ehe northern
Targin of the right-of-way for "D" Avenue, SE;; thence with the northern
margin of the right-of-way for "D" Avenue, SE, South 78' 40' 44" West 125.29
I
eet to ar. old iron pin located in the said right-of-way; thence continuing
with the mar -gin of said right-oE-way as is arcs to bear in a more northerly
direction with a curve having a radius of 57.98 feet, a chord bearing of 'Norch
68' 46' 35" ?lest and a chord of 62.38 feet to an iron pin in the eastern
margin of the right-of-way for Sth Street Place, SE; thence North 36' 10' 53"
West 124.17 feet to a drill hole at or near the intersection of the eastern
margin of the paved surface of 8th Street Place, SE, and the eastern margin of
the raved surface of Highland Avenue, S2; thence on a line that follaas the
eastern margin of the right-of-way for Highland Avenue, SE, North 20' 05' 14"
East 397.65 feet to a nail in the center line 'of the said Southern Railroad
right-of-way; thence North 65' 10' 11" Fist 693.81 fee[ to the point of
Beginning.
'^ Lying end beirG in Hickory Tozmship, Ce.tawba County, North Carolina, and
containing 15.042 acres.
MkCT II: BEGINNING at an iron pin located South 26' 31' 57" East 17.37 feet
from the iron pin described in the foregoing description of Tract 1 as lying
and being North 86' 05' 13" best"966.16 feet from "a point located within the
paved surface of the intersection of Ninth Street, SE, with "D" Avenue, SE,"
and concinuire thence from said point of beginning, cTithin the right -of -:say
for "D" Avenue, Sc, South 86' 11' Ea:>t 650.84 feet to an iron pin; thence
Soa:th 4' 10' Nest 6.40 feet to an iron pin; thence South 86' 01' East 120.00
feet to an iron pin, Du_L-e Pa.%er Company's norrITiest corner; thence leaving
said right-of-way with Duke Power Company's western line South 4' 06' hest
202.00 feet to an iron pin; thence South 85' 57' East 55.28 feet to an iron;
thence South 11'. 27' East 771.05 `isec to an iron pin in the northern cargin of
proposed "F" Avenue, SE; thence North 80' 59' 23" hest 320.13 feet to an iror.
pin; thence 'North 71' 59' 35 West 123.3E feet to an iron pin: thence North
67' 34' 40" West 80.00 feet to an iron pin; thence North 75' 29' 30" West
65.64 feet to an iron oin in Firs. Juanita Yount's eastern line; thence with
Mrs. Yount's said line North 1' 49' 26" East 31.88 feet to an iron pin; thence
with i-[rs. Ycunt's line and also Hickory CL--nufaccurina Company's line North
32' 29' 58" Wesc 321.00 feet to an iron pin in Empire General Corp.'s
southern line; thence with Empire General Corp.'s southern line South 89' 58'
51" East 25.15 feet to an iron pin ac Fnpirc General Corp.'s southeastern
corner; thence crith Empire General Corp.'s eastern line North 18' 31' 53" l:zst
290.35 feet to an iron pin; thence North 26' 31' 57" best 341.50 feet to the
point of Be. -inning and containing 13.586 acres.
Lying And being in hickory Tot-rship, Cataw6:i Coivicv, North Carolina.
EXHIBIT B boo 2023 Pr,cL- 398.
UNITED STATES BANKRUPTCY COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
Statesville Division k - `"
U. 5.6ank; Uotry Court
IN RE:
HICKORY WHITE COMPANY, d/b/a
Hickory White Upholstery,
Hickory Manufacturing, White
of Mebane, White Furniture,
KayLyn,
Tax I.D. No. 56-1697022
Debtor.
Case No. 97-50105
CHAPTER 11
MAR .l 7.1gg11
Or J.BaroKG(ott (4#;k
11 7 � 0 SI 1` .,• .l
ORDER AUTHORIZING SALE TO SHERRILL FURNITURE COMPANY
OR ITS ASSIGNEE OF SUBSTANTIALLY ALL OF THE ASSETS
OF HICKORY WHITE COMPANY, A NORTH CAROLINA CORPORATION,
FREE AND CLEAR OF ALL LIENS, CLAIMS AND ENCUMBRANCES
AND THE ASSIGNMENT OF DESIGNATED LEASES AND CONTRACTS
THIS MATTER coming on to be heard.and being heard before the
Court on March 11, 1997 and pursuant to the Findings of Fact and
Conclusions of Law filed and entered contemporaneously herewith,
and good cause appearing,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:
1. All of the findings .and conclusions set forth in the
Findings of Fact and Conclusions of Law filed and entered
contemporaneously herewith be, and hereby are, incorporated by
reference as though fully restated herein.
2. The Sale Motion is hereby granted by the Court and Hickory
White Company,- the Debtor and Debtor -in -Possession herein, is
authorized and directed to sell, convey and transfer all of its
interest in the Assets to Sherrill or its assignee (the "Buyer") in
accordance with the terms and conditions of the Findings of Fact
and Conclusions of Law and this Order (collectively the "Sale
Order") and the Asset Purchase Agreement (the "Sherrill Agreement")
attached hereto as Exhibit A and incorporated herein by reference,
and to enter into, execute and perform all agreements and documents
necessary to implement the sale.
i
aov2023 PACE 399
3. The Buyer shall purchase the Assets in accordance with the
terms and conditions of this Sale Order and the Sherrill Agreement,
as may be subsequently modified. In the event of any inconsistency
among the Sale order or any other document, the Sale Order shall
control any other document executed in connection with this Sale.
4. The Buyer shall deposit the sum of $500,000.00 (the
"Deposit") with the Closing Agent on or before on March 14, 1997.
5. The Assets to be sold to the Buyer pursuant to this Sale
Order shall include without limitation the Assets defined in the
Sherrill Agreement. It includes two (2) nominal parcels of real
estate located in Catawba County, North Carolina which are owned by
a separate corporation, Hickory Manufacturing Company, and which
are in addition to the real estate described in the sale Motion.
A more particular description of all of the real estate being
conveyed to Sherrill is shown on Exhibit A to the Sherrill
Agreement.
6. The Assumed Leases as shown in the Sale Order and in the
Sherrill Agreement shall be assumed by the Debtor and assigned to
Sherrill at the final Settlement Closing.
7. Upon funding of the deposit as set forth above, the Buyer
shall be permitted reasonable access to the Assets and the
facilities and properties owned or operated by the Debtor in
preparation for the closing and consummation of the Sale, all at
the sole expense of the Buyer.
8. Pursuant to the Bankruptcy Code including, without
limitation, Sections 105 and 36., the Buyer shall take title to the
Assets, free and clear of all liens, claims and encumbrances as
well as the rights of parties in possession of any of the Assets,
except that the interest of the Buyer in the Assumed Leases shall
be limited to only the rights of the Debtor as a lease or party to
such agreements and be subject to the respective rights of both
parties. Buyer shall not be liable for any debts or claims against
the Debtor or the Assets except solely to the extent of post -
Settlement Closing obligations under the Assumed Leases.
9. In addition to the other terms and conditions of Sale as
set forth in this Sale Order and in the Sherrill Agreement, the
terms of the last offer of the Buyer which is accepted include the
following, which terms and conditions, are hereby approved and
ordered:
a. Price. The purchase price for the Assets shall be
$8,850,000.00 cash subject to the adjustments for
inventory and receivable as set forth in the Asset
Purchase Agreement attached to Sherrill's bid.
9E
rAa
aoo,�2023 P1,1cU 400
b. Closing Agent. Rayburn, Moon & Smith, P.A.,
counsel for the Debtor shall serve as the Closing Agent.
If any controversy or disputes arise as to the Closing or
the Escrow, then a substitute Escrow Agent will be
appointed upon agreement of the Creditors Committee, the
Debtor, Sherrill and Citicorp. Rayburn, Moon & Smith,
P.A. shall at all times continue to represent the Debtor
in this case unless otherwise directed by the Court.
C. Closing. Sale of the Assets shall be completed
by an Escrow Closing ("Escrow closing") on or before
March 17, 1997, and by a Settlement Closing ("Settlement
Closing") on or before March 31, 1997.
d. Assumption and Assignment of Leases. At the
Settlement Closing, the Debtor shall cure any monetary
defaults due for the Assumed Leases which are being
assigned to the Buyer from the proceeds of Closing and
shall immediately pay any amounts necessary to cure
defaults in such Leases.
e. At the Escrow Closing, the Debtor shall deliver to
the Buyer, title to all of the Assets free and clear of
all claims, liens and encumbrances. At the Escrow
Closing, the Buyer shall pay to the Closing Agent the
remainder of the purchase price (the "Escrow Payment"),
as estimated by the parties. Final adjustments to the
purchase price as provided for in the Sherrill Agreement
shall be made at the Settlement Closing. The Deposit and
the Escrow Payment are hereafter referred to as the
"Escrow Funds" and shall at all times include the funds
paid to Citicorp as hereafter provided. The Closing
Agent shall hold all the Escrow Funds in trust for the
benefit of Sherrill or the Debtor.
f. Buyer shall have no obligation to close at the
Settlement Closing and shall have the option to terminate
the Sherrill Agreement and have all Escrow Funds returned
to Sherrill, free and clear of all claims, liens and
encumbrances, unless, by date of the Settlement Closing,
this Sale order has become a final nonappealable order
with no stay pending appeal having been entered. In the
event that as a result of a stay of this Sale Order or
for any other reason the Debtor fails to transfer the
Assets to the Buyer in accordance with the terms of the
Sherrill Agreement, then all Escrow Funds (including any
Escrow Funds paid to Citicorp) together with interest, if
any, earned on the Escrow Funds, shall immediately be
returned to Sherrill. Citicorp has agreed to disgorge
and return to Sherrill all funds paid to it in accordance
with the terms of this Sale order. All Escrow Funds
3-
Bov2023 P nc- 401
shall be held in trust, for the benefit of Sherrill and
the Debtor, by the Closing Agent and by Citicorp.
g. From the Escrow Funds, the Escrow Agent is authorized
to disburse to Citicorp the amount estimated by the
Debtor, the Creditors Committee and Citicorp to pay the
secured claim of Citicorp. Citicorp shall hold such
funds in trust for the benefit of Sherrill and the Debtor
and shall hold such funds subject to the terms and
conditions of this Sale Order, the Final Cash Collateral
Order and such other orders as may be entered by this
Court. Such funds shall at all times remain subject to
the jurisdiction of this Court. At the Escrow Closing,
Citicorp's and any other creditor's claims, liens and
encumbrances shall transfer from the Assets to the Escrow
Funds and shall remain against the Escrow Funds until the
final consummation of the Sale at the Settlement Closing.
If the Escrow Funds are not required to be returned to
Sherrill in accordance with this Sale Order, Citicorp may
retain the Escrow Funds paid to it subject to the Final
Cash Collateral Order and Citicorp and any other creditor
shall immediately release of record and otherwise cancel
all of its claims, liens and encumbrances against the
Assets. Citicorp shall provide evidence of such action
to counsel to the Committee, the Debtor and Sherrill. In
the event, that pursuant to this sale Order, the Escrow
Funds are required to be returned to Sherrill, Citicorp's
and any other creditor's claims, liens and encumbrances
against the Escrow Funds shall be released, all Escrow
funds held by Citicorp and the Escrow Agent shall be
immediately returned to Sherrill, including interest, if
any, that may have been earned on the Escrow Funds, and
Citicorp's and any other creditor's claims, liens and
encumbrances shall continue in the Assets.
10. Upon completion of the Sale at the Settlement Closing,
all recorded liens, claims and encumbrances against the Assets are
hereby stricken and canceled of record.
11. The Debtor and the Buyer may jointly extend the dates for
either or both of the Escrow Closing or the Settlement Closing;
provided, however, the agreement to do so shall be in writing and
either the Debtor or the Buyer in their sole and absolute
discretion may refuse to do so.
12. Except as provided in this Sale Order, from and after
March 11, 1997, the Debtor shall not sell, dispose of or encumber
its interest in any of the Assets; provided, however, the Debtor is
authorized to continue to conduct its normal business operations in
the ordinary course of business.
-4-
aoo:x2023 ?dGc 402
! 17. All real and personal property taxes relating to the
Assets shall be pro -rated between the Buyer and the Debtor as of
the Closing Date. The Debtor's pro-rata share of the real and
personal property taxes and any revenue stamps shall be paid by the
Debtor from the balance of the.purchase price due at Closing. All
recording fees and cost of closing of the Buyer shall be the
responsibility of Buyer.
14. The Debtor is hereby authorized and directed to enter
into the Sherrill Agreement and to do all acts and execute, or
obtain the execution of, and deliver to the Closing Agent, such
conveyance documents as are necessary to sell, convey, and transfer
the Assets in accordance with the terms and conditions of this Sale
Order and the Sherrill Agreement.
15. At the Settlement Closing, the Closing Agent is
authorized to disburse and is directed to pay from the proceeds of
the Settlement Closing all funds necessary to assume and assign all
of the Assumed Leases; the tax claims for 1996 for Guilford County,
North Carolina, Catawba County, North Carolina, the City of Dallas
and Dallas County, Texas and a pro -ration of such tax claims for
1997; the payment of Citicorp's secured claims as set forth herein;
the payment of the commission or fee to Stump as calculated
pursuant to Stump's engagement; and all reasonable and normal
closing costs for the Debtor as Seller.
16. This Court retains jurisdiction over this Sale and the
parties to the Sale to resolve any disputes concerning the Sale.
17. This Sale Order shall be a final order and shall be
immediately appealable and enforceable pursuant to Bankruptcy Rules
6004, 9014, and therefore Bankruptcy Rules 7054 and 7062. To the
extent necessary under Federal Rule of Civil Procedure 54(b) and
Bankruptcy Rule 7054, the Court expressly finds that there is no
just reason for delay and expressly directs entry of judgment as
set forth herein.
,}�TLj�C
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UNITED STATES BANKRUPTCY JUDGE
rv!�TPTFp TO 5E A T.RM IM
......:v:T COPY OR M, ORIMUt
ON
N.
5_ �L �rI;TX CLEF
DATE:J
Consented and Agreed to:
Robert H. Prya ,— Attorney for
Sherrill Purniture Company
Christine L. Hyatt, Attorney for
Unsecured creditors, Committee
June L. Basden, Attorney for
Citicorp North America, Inc.
�1j-0 � ( j=OY ar/Y
Al art P. Durham, Attorney for
Hickory White Company,
i
aoo:<2023 P-,cE 403
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876far..l7. 1997RI1O:O6AMI RAYADAMS KLEEMEIERTB TO 191O27351S7 PO O.9989 P. 212
r 15 'SJ 11: 17p7
aao.x2023 P„cL- 404
<Cona�at�d Atd Agreed to;
l� H. Drpar. Attorn." for i
Bharrill %urui.taL'� Coapapy
Chriltin• L. rMtt, xttaxaap tar
CA/OOl1YtQ Craditores ca=ittaa i
r
aua� L. E"daa, )Ltto=av for T
aiticorp ?forth amarica, Inc.
alherL 1. Darhaar Ittorney for
Aid" white Caspaa7a
H'.'i
^- ^^ -�� ouLL LI( IIC 1111G - 1, 11U1'1Vl LC
03/17/07- 110N 12: 23 FAI 910 273 7885 C.UuUrli' ROTH
MOON S SUM To .717865 J0
BOB2023 PAGE 405
<conaanted and agreed to:
Qobert H. S.'zgar, Attornoy roY
uhaxzill 7ur311ture compa-uy
chri■tin� Z. ]tyntt, Attorn.np fm-
IIriae��xad craditore• caaittam
Juno L. Banda -, Attorney fox
Citicorp Korth xAorica, Inc.
I�'•, ALbart P. Durhu, attornay for
Hickory white company>
F-
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Mike Powers
HWS Company, Inc.
2405 Highland Avenue NE
Hickory NC 28601
Dear Mr. Powers:
July 25, 1997
Subject: Permit Modification - Name/Ownership Change
HWS Company, Inc. dba Hickory White
(formerly Hickory White Furniture Co.)
NCG 180086
Catawba County
In accordance with your Permit Name/Ownership Change request received May 12, 1997, the
Division is forwarding the subject permit. The change in this permit is in name and ownership. All other
conditions in the original permit remain unchanged and in full effect. Please note that this includes
continued implementation of the Stormwater Pollution Prevention Plan required for this facility. This
permit modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1
and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection
Agency dated December 6, 1983.
Please take notice this permit is not transferable. Part II, E.3. of the permit addresses the
requirements to be followed in case of change in ownership or control of this discharge.
This permit does not affect the legal requirements to obtain other permits which may be required by
the Division of Environmental Management or permits required by the Division of Land Resources,
Coastal Area Management Act or any other Federal or Local governmental permit that may be required.
If you have any questions concering this permit, please contact Bill Mills at 919/ 733-5083,
extension 548.
Sincerely,
ORIGWL SIGNED BY
BMEY WNNETT
A. Preston Howard, Jr., P.E.
cc: Central Files
Mooresville Regional Office, Water Quality Section
Permits and Engineering
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCGI80000
CERTIFICATE OF COVERAGE No. NCGI80086
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
HWS Company, Inc. dba Hickory White
is hereby authorized to discharge stormwater from a facility located at
Hickory White
856 7th Avenue, S.E.
Hickory
Catawba County
to receiving waters designated as Clark Creek in the Catawba River Basin
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, III
and IV of General Permit No. NCG180000 as attached.
This Certificate of Coverage shall become effective July 25, 1997.
This Certificate of Coverage shall retrain in effect for the duration of the General Permit.
Signed this 25th day of July, 1997.
ORIGINAL SIGNED By
BWLEYBENNRT
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
By Authority of the Environmental Management Commission