Examples of Assumption Procedures in a sentence
The Insurer shall remove the Removed Policies by Assumption in accordance with this Agreement and the Assumption Procedures and shall offer to renew the Insurer’s Replacement Policy for a period of three (3) years subsequent to the expiration of the Removed Policy.
The Debtors propose that if a party in interest fails to timely object to an assumption and assignment consistent with the Assumption Procedures, such party shall be deemed to “consent” to such assumption and assignment within the meaning of section 363(f)(2) of the Bankruptcy Code.
The Debtor is hereby authorized to execute and deliver all instruments and documents, and take such other actions, as may be necessary or appropriate to implement and effectuate the Rejection and Assumption Procedures as approved by this Order.
Payment of Cure Costs required to assume the Additional Contracts, if any (as established pursuant to the Assumption Procedures under the Bidding Procedures Order), shall be paid by the Buyer.
In accordance with the proposed Assumption Procedures, if a party in interest timely objects to an assumption and assignment of a Contract consistent with the Assumption Procedures, and such objection is not withdrawn or resolved, the Debtors shall file a notice of hearing consistent with the Assumption Procedures.
If a timely Objection to an Assumption Notice is filed and received in accordance with the Assumption Procedures, the Debtor shall schedule a hearing on such Objection and shall provide at least seven(7) days’ notice of such hearing to the objecting party and the Objection Notice Parties.
On August 23, 2017, pursuant to the Assumption Procedures Order (defined and described in Section 1 below) the Debtors filed a Notice of Assumption, Assignment, and Cure Amount With Respect To Executory Contracts and Unexpired Leases of the Debtors [ECF No. 162] indicating that the cure amount owed to Georgetown under § 365(b)(1) of the Bankruptcy Code upon the Debtors’ assumption of the Georgetown Lease (the “Georgetown Cure Claim”) was zero.
To the extent the Debtors assume and assign a Contract pursuant to the Assumption Procedures, such assignment is tantamount to a sale of estate property, and may be transferred free and clear of the interests in such property held by an entity other than the estate, so long as one of the criteria under section 363(f) of the Bankruptcy Code is satisfied.
Approval of the Assumption Procedures and the Cure Notice as requested herein will allow Contract Parties sufficient time to review the Cure Notice and file any objections to Cure Amounts prior to the Combined Hearing.
On March 14, 2023, the Court entered an order [Docket No. 127] granting the relief requested in the Contract Assumption Procedures Motion, including procedures for the Debtors to notify counterparties of proposed amounts to cure monetary defaults under the Debtors’ executory contracts and unexpired leases and for counterparties to respond to such notice.