Adequate Assurances Regarding Acquired Contracts and Required Orders. With respect to each Acquired Contract, Buyer shall provide adequate assurance of the future performance of such Acquired Contract by Buyer within the meaning of the Bankruptcy Code. Buyer shall promptly take such actions as may be reasonably requested by Seller to assist Seller in obtaining the Bankruptcy Court’s entry of the Orders and any other order of the Bankruptcy Court reasonably necessary to consummate the transactions contemplated by this Agreement, including but not limited to providing adequate documentation of all financing commitments provided to Buyer in connection with the transactions contemplated herein and providing both historical and pro forma financial information of the type necessary to enable the Bankruptcy Court make such findings and render such rulings as Buyer requests with respect to Seller’s assignment of any and all Acquired Contracts to Buyer.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Tops PT, LLC), Asset Purchase Agreement (Penn Traffic Co)