Examples of Assumed and Assigned Contracts in a sentence
Any amounts remaining in the Disputed Cure Claims Reserve after the resolution and payment, if applicable, of all Disputed Cure Claims with respect to the Assumed and Assigned Contracts, shall be included in the Priority Reserve.
The Trustee, in cooperation with SWECO, shall take all reasonable actions necessary or desirable to obtain the consents of third parties to the assignment of the Assumed and Assigned Contracts required by the provisions thereof.
Assumed and Assigned Contracts and Leases means those executory contracts and unexpired leases to which one or more of the Debtors is a party, as reflected on Exhibit 1 to the Plan, that shall be assumed by the Debtors and assigned to the Liquidating Trust on the Effective Date in accordance with Section 9.2 of the Plan.
The Cure Notice shall, among other things, (i) identify the potential Assumed and Assigned Contracts, (ii) specify the Cure Amounts necessary to assume and assign such Assumed and Assigned Contracts in accordance with the PSA, and (iii) state that failure to timely object to the proposed assumption and assignment and/or the Cure Amount shall constitute deemed consent to such assumption and assignment and Cure Amount.
Subject to the treatment of the River Bend JOPOA under the Plan, all executory contracts or unexpired leases, other than the Hydro Contract, to which the Debtor was a party on the Petition Date or which have been identified on Schedule 4.12 as a Post-Petition Contract and, in each case, that have not been designated as Assumed and Assigned Contracts shall be rejected by the Trustee, effective on the Closing Date, under the Plan pursuant to Bankruptcy Code sections 365 and 1123.
The Sale Notice, the Cure Notice (as defined below), and the Motion, are reasonably calculated to provide all counterparties to the Assumed and Assigned Contracts with proper notice of the potential assumption and assignment of their executory contract or unexpired lease and any Cure Amounts relating thereto.
This Plan constitutes and incorporates a motion to assume and assign, as of the Effective Date, those Assumed and Assigned Contracts and Leases as reflected on Exhibit 1, as amended.
No later than ten (10) business days following the entry of this Order, the Debtors shall cause the Cure Notice to be served on any counterparties to executory contracts and unexpired leases that may be Assumed and Assigned Contracts pursuant to the PSA.
All parties have reserved all rights regarding the determination of the Cure Amount including, but not limited to, the Debtors’ (or Liquidating Trustee, as applicable) right to assert that Pure and/or Chisos failed to timely assert a cure claim and Mariner’s right to remove one or more of the executory contracts in question from the list of Assumed and Assigned Contracts in accordance with the terms of the Plan, the Plan Supplement, the Purchase and Sale Agreement and this Confirmation and Sale Order.
All requirements and conditions under Bankruptcy Code section 365 for the assumption and assignment of the Assumed and Assigned Contracts have been satisfied.