Examples of Cure Cap in a sentence
Within ten (10) Business Days after the Effective Date, the Distribution Trustee shall pay from the Consideration all Cure Amounts related to Executory Contracts listed on the Cure Notice, other than Disputed Cure Amounts, up to and including the amount of the Cure Cap; the Plan Sponsor shall pay all Cure Amounts that exceed the Cure Cap.
Upon objection by the non-debtor party to any Assumed Contract, Purchaser or, upon prior written request of Purchaser, Seller shall either settle the objection of such party (subject to approval of Purchaser if such settlement sets a higher Cure Amount than the applicable Cure Cap for such Assumed Contract) or shall litigate such objection under procedures as the Bankruptcy Court shall approve and proscribe.
Notwithstanding the foregoing, in no event shall Seller be obligated to pay a Pre-Petition Cure Amount for any Assumed Contract that is in excess of the corresponding Cure Cap.
For the avoidance of doubt, all Cure Amounts and Employee Costs in excess of the Cap Amount shall be paid by Seller subject to the Excess Cure Cap Amount.
All defaults or other obligations of the Debtors under the Assumed Contracts arising or accruing prior to the closing of the Sale or required to be paid pursuant to section 365 of the Bankruptcy Code in connection with the assumption and assignment of the Assumed Contracts, shall be cured by the Purchaser, subject to the Cure Cap.
Such actions shall include payment of Cure Costs in excess of the Cure Cap, facilitating any negotiations with the counterparties to such Assigned Contracts, and obtaining an Order containing a finding that the proposed assumption and assignment of the Assigned Contracts to Purchaser satisfies all applicable requirements of section 365 of the Bankruptcy Code.
The payment of the Cure Costs and all other costs associated with the process of assuming and assigning the Previously Omitted Contract shall be the responsibility of Purchaser (to the extent the Cure Cap is not exceeded) or the Seller (for all amounts in excess of the Cure Cap).
For the avoidance of doubt, the Debtors shall be responsible for any Cure Amounts in excess of the Cure Cap.
The Purchaser’s obligation under the Agreement to pay the Cure Amounts up to the Cure Cap (with the Debtors responsible for any Cure Amounts in excess of the Cure Cap) and to perform the obligations under the Assumed Contracts shall constitute adequate assurance of future performance within the meaning of sections 365(b)(1)(C) and 365(f)(2)(B) of the Bankruptcy Code.
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