Examples of Assumed and Assigned Contracts in a sentence
Buyer will be capable of satisfying the conditions contained in Sections 365(b)(1)(C) and 365(f)(2)(B) of the Bankruptcy Code with respect to the Assumed and Assigned Contracts.
The Purchaser has provided adequate assurance of its future performance of and under the Assumed and Assigned Contracts that are executory contracts or unexpired leases, within the meaning of Section 365(b)(1)(C) of the Bankruptcy Code.
All parties in interest, including, without limitation, holders of Claims and Encumbrances, and any other non-Debtor counterparties to the Assumed and Assigned Contracts or Cure Costs that did not object, or who withdrew their objection, to the Transaction, the Sale Motion, or the assumption and assignment of the applicable Assigned Contract, are deemed to have consented to the relief granted herein pursuant to section 363(f)(2) of the Bankruptcy Code.
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.
Theassumption and/or assignment of the Assumed and Assigned Contracts pursuant to the Purchase Agreement is integral to the Transaction and is in the best interests of the Receiver, Cuda Energy LLC, its creditors, and all other parties in interest, and represents the reasonable exercise of sound and prudent business judgment by the Receiver.
Exhibit C Schedule of Assumed and Assigned Contracts EXHIBIT D Schedule of Retained Causes of Action Schedule of Retained Causes of Action In accordance with section 1123(b) of the Bankruptcy Code and section 10.9 of the Second Amended Joint Chapter 11 Plan of Liquidation of Insys Therapeutics, Inc.
The non-Debtor parties to the Assumed and Assigned Contracts that are executory contracts or unexpired leases were given notice and sufficient opportunity to object to the Cure Costs, if any, and are deemed to have consented to entry of this Sale Order approving such Cure Costs, if any, pursuant to Section 363(f)(2) of the Bankruptcy Code.
Assumption of the Assumed and Assigned Contracts benefits the estate because it will allow Debtor to then assign the Assumed and Assigned Contracts to the Purchaser, which will realize value for Debtor’s estate and its creditors.Debtor further requests that any executory contract, unexpired leases, licenses or permits of the Debtor not assumed as part of the Agreement be deemed rejected at Closing (the “Rejected Contracts”), effective as of the date of entry of the Sale Approval Order.
Objections, if any, to the Sale of the Assets, the assumption and assignment of the Assumed and Assigned Contracts, or any relief requested in the Motion other than the relief granted in this Order must be: (a) in writing; (b) signed by counsel or attested to by the objecting party; (c) in conformity with the Bankruptcy Rules and the Local Rules of this Court; (d) filed with the Clerk of the Court for the Western District of Texas, Austin Division, 230 Homer J.
Paragraph 8 of the order provided that: Each of the Assumed and Assigned Contracts set forth on Schedule 1 to this Order constitute executory contracts or unexpired leases within the meaning of section 365 of the Bankruptcy Code and will be assumed without further order of the Court by the Trustee and assigned to LAP effective upon the Closing.