Executory Contracts and Unexpired Leases · All executory contracts (including employee benefit plans, insurance, supply contracts, etc.) and unexpired leases will be assumed unless expressly rejected under the Plan or through a separate motion.
Executory Contracts. At the Closing, Purchaser shall assume and pay, perform and discharge when due the following:
Executory Contracts. Set forth on the Disclosure Schedule is a description of all executory contracts made by or on behalf of Seller, or by which Seller is bound, with respect to the Real Property ("Executory Contracts"), including, without limitation, operation, management, maintenance, utility, and construction contracts. At Closing, the Seller shall deliver to PRG a true and complete copy (the original execution copy, if available) of each of the Executory Contracts.
Executory Contracts. SCHEDULE 3.24 sets forth a complete and accurate list of all amounts due and payable pursuant to all Executory Contracts of the Sellers as of the Petition Date.
Executory Contracts. The Bankruptcy Court shall have approved and authorized the assumption and assignment of the Contracts to be identified on the Assignment Agreement.
Executory Contracts. Other than the Real Estate Leases, Seller is not a party to or bound by, and at the Closing Date, Holdings will not be a party to or bound by, any material executory contracts for the operation, management or maintenance of the Real Properties.
Executory Contracts. (a) All Purchased Contracts (which, shall for the avoidance of doubt, include the Keen-Summit Agreement) shall be assumed by Sellers and assigned to Purchaser at the Closing. Any Contract of any Seller that is an Excluded Contract may be assumed or rejected by Sellers in Sellers’ sole discretion and shall be deemed an Excluded Asset.
Executory Contracts. As soon as practicable after the date hereof, the Sellers shall (upon request by Buyer), pursuant to a motion in form and substance reasonably acceptable to the Buyer (the "Assumption and Assignment Order"), move to assume and assign to the Buyer the executory contracts included in the Acquired Assets and shall provide notice thereof in accordance with all applicable bankruptcy rules. The Buyer may at any time prior to the entry of the Assumption and Assignment Order delete therefrom any of the executory contracts included in the Acquired Assets. If, immediately prior to the entry of the Assumption and Assignment Order, the Buyer requests that any executory contracts included in the Acquired Assets not be rejected (any such executory contract being hereinafter referred to as an "Extended Executory Contract"), then the Sellers shall not reject such Extended Executory Contract until the earlier of (a) the date the Buyer notifies the Sellers that they are free to reject such Extended Executory Contract or (b) the one hundred twenty-first day after the Closing Date. The Buyer shall reimburse the Sellers for the costs under such Extended Executory Contract during the period from the Closing Date until the earlier of (a) the date an order of the Bankruptcy Court is entered rejecting such Extended Executory Contract after the Buyer notifies the Sellers that they are free to reject such Extended Executory Contract; provided that the Sellers shall have filed a motion to reject such Extended Executory Contract within three (3) business days after receipt from the Buyer of such notification, or such later date as shall be agreed by the Sellers and the Buyer or (b) the date such Extended Executory Contract is assumed by the Sellers and assigned to the Buyer pursuant to the next sentence of this Section 1.5. If the Buyer notifies the Sellers that they are free to reject such Extended Executory Contract and the Sellers fail to file a motion to reject such Extended Executory Contract within three (3) business days of receipt of such notification, or such later date as shall be agreed by the Sellers and the Buyer, the Buyer shall reimburse the Sellers for the costs under such Extended Executory Contract during the period from the Closing Date until the date of receipt by the Sellers of such notification. If the Buyer requests that any Extended Executory Contract be assumed and assigned to the Buyer within one hundred twenty days after the Closing Date, then, as soon as pr...
Executory Contracts. The Bankruptcy Court shall have approved and authorized, other than with respect to Cure Costs, the assumption and assignment of each Pre-Closing Designated Contract or Lease, except as would not have a Material Adverse Effect.
Executory Contracts. All executory contracts of the Company, to the extent unperformed or undelivered prior to Closing, are in full force and effect, without any existing default, arrearage or event of default by the Company, and are enforceable according to their respective terms and no claim, suit or proceeding has been initiated or threatened with respect to or relating to any or all such contracts.
