Debtor Contract definition
Examples of Debtor Contract in a sentence
Purchaser acknowledges and agrees that failure to perform all such actions and bear all such costs and expenses shall result in the relevant Assigned 365 Debtor Contract being deemed to be a Non-Assigned Asset at the Closing, unless otherwise agreed in writing by Seller.
Any affiliate of a Heber Debtor that is a party to a Heber Debtor Contract shall assume such Heber Debtor Contract and assign its rights and obligations under such Heber Debtor Contract to Buyers at Closing, provided that such Heber Debtor Contract is assumed pursuant to this Heber Reorganization Plan.
To the extent that the total of the Cure Costs finally allowed by the Bankruptcy Court exceed $3,000,000 on or after the Closing, the Purchaser shall pay the Cure Costs finally allowed by the Bankruptcy Court on any Debtor Contract which is assumed and assigned after the Closing in accordance with the requirements of the Approval Order or such other Order of Bankruptcy Court that approves the assumption and assignment of a Debtor Contract to Purchaser.
Claims which are Assigned to the Financial Agent (hereinafter – the “Register”) – a list indicating characteristics (identification) of the Debtor, Contract, Monetary Claims which were assigned by the Customer to the Financial Agent; such list is executed by form indicated in Appendix No. 2 hereto.
Appropriate additions and deletions shall be made to Schedule 7.2, and the Cure Costs shall be correspondingly amended, to reflect additions and deletions to Schedule 1.2(e) made from time to time in accordance with Section 1.7. In addition, Seller and the Debtor Sellers may amend Schedule 7.2 to adjust the Cure Cost for a particular Debtor Contract at any time prior to the assumption and assignment of such Debtor Contract.
Seller and its Subsidiaries shall have no liability in connection with the Cure Costs of any 365 Debtor Contract (except with respect to Shared Contracts, where applicable Cure Costs will be apportioned between Purchaser and Seller according to the obligations due and owing under the partially assigned portions of the Shared Contract).
Upon the Buyer’s receipt of the Seller’s reasonable, good-faith estimate of the Cure Costs for an Inadvertently Omitted Debtor Contract, delivered in accordance with the immediately preceding sentence, such Inadvertently Omitted Debtor Contract shall be deemed an Assigned Debtor Contract.
If, after good faith consultation, the Parties agree that such Contract relates exclusively to the Business, the Seller shall provide to the Buyer the Seller’s reasonable, good-faith estimate of the Cure Costs for such Inadvertently Omitted Debtor Contract, which amounts shall be subject to the Buyer’s reasonable consent.
Upon the Buyer’s receipt of the Seller’s reasonable, good-faith estimate of the Cure Costs for an Inadvertently Omitted Debtor Contract, delivered in accordance with the immediately preceding sentence, such Contract shall be deemed an Assumed Contract, and the Seller shall give notice to the other parties to any such Contract pursuant to the assumption and assignment procedures set forth in the Buyer Protections Order.