Assumed Cure Costs definition

Assumed Cure Costs means the amounts designated as Assumed Cure Costs pursuant to Section 5.13(d) and the Cure Costs related to the Franchises for each of the localities listed on Schedule A of the Seller Disclosure Schedule.
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Assumed Cure Costs means, with respect to any Purchased Contract, the Cure Costs, if any, for such Purchased Contract.
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Assumed Cure Costs means, with respect to any Purchased Contract, the Cure Costs, if any, for such Purchased Contract up to the amount of such Cure Costs set forth on either (i) the Notice of (I) Potential Assumption and Assignment of Executory Contracts and (II) Cure Amounts filed by Sellers with the Bankruptcy Court on April 17, 2015, or (ii) the Supplemental Notice of (I) Potential Assumption and Assignment of Executory Contracts and (II) Cure Amounts filed by Sellers with the Bankruptcy Court on May 5, 2015.
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Examples of Assumed Cure Costs in a sentence

  • Subject to approval of the Bankruptcy Court (which approval Seller shall use commercially reasonable efforts to obtain), Buyer (or its designee) shall be entitled to assume and maintain control, on behalf of Seller and any of its Affiliates, of the litigation and settlement of any dispute over any Assumed Cure Costs with respect to any Franchise or, in respect of any OCB Contract, any Rejection Claim that is an Assumed Liability.

  • On or prior to the Closing, Seller shall, and shall cause its Affiliates to, pay or make adequate reserve for all Cure Costs other than the Assumed Cure Costs.

  • All Cure Costs with respect to the Purchased Contracts (the “Assumed Cure Costs”) will be paid by Purchaser, as and when finally determined by the Bankruptcy Court pursuant to the procedures set forth in the Approval Order, and not by Seller, and Seller will have no liability for any Assumed Cure Costs.

  • All Assumed Cure Costs will be paid by Purchaser, as and when finally determined by the Bankruptcy Court pursuant to the procedures set forth in the Bidding Procedures Order or the Sale Order, and not by Sellers; and Sellers and their Affiliates will have no Liability for any Assumed Cure Costs.

  • Subject to entry of the Sale Order, Purchaser shall on or prior to the Closing, pay the Assumed Cure Costs.

  • The aggregate consideration (collectively, the “Purchase Price”) to be paid by Purchaser for the purchase of the Acquired Assets shall be: (i) the Fixed Amount; plus (ii) the Inventory Price; plus (iii) all Assumed Cure Costs.

  • At the Closing, (i) Purchasers shall pay all Assumed Cure Costs and Sellers shall pay all Excluded Cure Costs, and (ii) Purchaser shall assume, and thereafter in due course and in accordance with its respective terms pay, fully satisfy, discharge and perform all of the obligations under each Assigned Contract and any Acquired Lease pursuant to section 365 of the Bankruptcy Code.

  • Subject to entry of the Sale Order, Purchaser shall, on or prior to the Closing (or, in the case of any Contract that is to be assigned following the Closing pursuant to Section 1.5, on or prior to the date of such assignment), pay the Assumed Cure Costs.

  • All Cure Costs with respect to the Purchased Contracts (the “Assumed Cure Costs”), will be paid by Purchaser (to the extent not paid by Sellers prior to Closing), as and when finally determined by the Bankruptcy Court pursuant to the procedures set forth in the Sale Order, and not by Sellers, and Sellers will have no liability for any Assumed Cure Costs.

  • The aggregate purchase price for the Purchased Assets shall be the aggregate of (i) $2,300,000.00 and (ii) Assumed Cure Costs (the “Purchase Price”), plus the assumption of the Assumed Liabilities.


More Definitions of Assumed Cure Costs

Assumed Cure Costs means, with respect to any Purchased Contract, the Cure Costs as set forth in Schedule 1.1(b) (subject to any increase that is not in excess of 10% of the aggregate amount of such Cure Costs as set forth on such Schedule for all Purchased Contracts), if any, for such Purchased Contract.
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Assumed Cure Costs shall have the meaning set forth in Section 2.2(e).
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Assumed Cure Costs is hereby amended and restated in its entirety as follows:
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Assumed Cure Costs means, with respect to any Purchased Contract, the Cure Costs as set forth in Schedule 1.1(b) (subject to any increase that is not in excess of 10% of the aggregate amount of such Cure Costs as set forth on such Schedule for all Purchased Contracts; provided, however, that the Assumed Cure Costs indicated with an asterisk on such Schedule shall not in any event be subject to increase), if any, for such Purchased Contract. For the avoidance of doubt, the Assumed Cure Costs shall not include any Cure Costs in connection with the Purchased Contracts indicated with an asterisk on such Schedule, which Cure Costs shall be paid by the Company.”
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Assumed Cure Costs means all Cure Costs up to an aggregate amount of $1,400,000.00. “Assumed Liabilities” has the meaning set forth in Section 2.03.
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Related to Assumed Cure Costs

  • Cure Costs means with respect to any Assumed Contract, the Liabilities that must be paid or otherwise satisfied to cure all monetary defaults under such Assumed Contract to the extent required by Section 365(b) of the Bankruptcy Code.

  • Qualified Project Costs means Project Costs that meet each of the following requirements: (i) the costs are properly chargeable to capital account (or would be so chargeable with a proper election by the Borrower or but for a proper election by the Borrower to deduct such costs) in accordance with general Federal income tax principles and in accordance with United States Treasury Regulations §1.103-8(a)(1), provided, however, that only such portion of interest accrued during rehabilitation of the Projects shall be eligible to be a Qualified Project Cost as is so capitalizable and as bears the same ratio to all such interest as the Qualified Project Costs bear to all Project Costs; and provided further that interest accruing after the date of completion of the rehabilitation of the Projects shall not be a Qualified Project Cost; and provided still further that if any portion of any of the Projects is being rehabilitated by an Affiliated Party (whether as a general contractor or a subcontractor), Qualified Project Costs shall include only (A) the actual out-of-pocket costs incurred by such Affiliated Party in rehabilitating the Projects (or any portion thereof), (B) any reasonable fees for supervisory services actually rendered by the Affiliated Party, and (C) any overhead expenses incurred by the Affiliated Party which are directly attributable to the work performed on the Projects, and shall not include, for example, intercompany profits resulting from members of an affiliated group (within the meaning of Section 1504 of the Code) participating in the rehabilitation of the Projects or payments received by such Affiliated Party due to early completion of the rehabilitation of the Projects; (ii) the costs are paid with respect to a qualified residential rental project or projects within the meaning of Section 142(d) of the Code, (iii) the costs are paid after the earlier of 60 days prior to the Inducement Date or the Closing Date, and (iv) if the Project Costs were previously paid and are to be reimbursed with proceeds of the Loan or the Bonds, such costs were (A) costs of issuance of the Issuer Note, (B) preliminary capital expenditures (within the meaning of United States Treasury Regulations §1.139-2(f)(2)) with respect to the Projects (such as architectural, engineering and soil testing services) incurred before commencement of the rehabilitation of the Projects that do not exceed twenty percent (20%) of the issue price of the Bonds (as defined in United States Treasury Regulations §1.148-1), or (C) were capital expenditures with respect to the Projects that are reimbursed no later than eighteen

  • Earnout Payments has the meaning set forth in Section 2.2(a).

  • Working Capital Escrow Amount means $2,000,000.

  • Earnout Payment has the meaning set forth in Section 2.3(b).