Determined Cure Costs definition

Determined Cure Costs means, in the aggregate, all Cure Costs payable in respect of the Designated Contracts, excluding Excluded Contracts, as agreed to by the Purchaser and each party to a Designated Contract or, absent such agreement, as determined by Final Order of the Bankruptcy Court in the time and manner specified by the Bid Procedures Order.

Determined Cure Costs means the amounts required to be paid to counterparties of Assumption-Pending Pre-Petition Contracts on account of the assumption thereof pursuant to section 365 of the Bankruptcy Code and Section 5.02(b) hereof, which amounts shall be determined in accordance with Section 5.02 or pursuant to a Final Order.

Determined Cure Costs means, in the aggregate, all amounts payable to counterparties of Assigned Contracts (other than Excluded Contracts) on account of the assumption of the Assigned Contracts (other than Excluded Contracts) by the Sellers as determined pursuant to a Final Order, which Order may be the Sale Order.

Examples of Determined Cure Costs in a sentence

• The consideration to the Debtors under the APA is $7,516,000.00 in cash, plus (b) the assumption of the Assumed Liabilities (all obligations of the Debtors under the Assumed Contracts, the Determined Cure Costs with respect to such Assumed Contracts and Transfer Taxes, if any) plus(c) the execution, delivery and performance by Skyview of the GEE Side Letter (which memorializes the right of Skyview to monetize the Specified Contracts purchases and a sharing of any value derived from those contracts 50/50).

• Unless the Purchaser and the applicable non-debtor counterparty agree to different terms, pursuant to sections 365(b)(1)(A) and (B) of the Bankruptcy Code, the Purchaser shall pay to the applicable non-debtor counterparty the Determined Cure Costs relating to any Assigned Contracts within seven (7) days following the assumption, assignment, and sale thereof as set forth in Section 1.5 of the Asset Purchase Agreement.

• The Purchaser has as of the date hereof and will have at and as of the Closing sufficient cash on hand or other sources of immediately available funds to enable it to make payment of the Cash Deficiency Amount and any other amounts due hereunder when due so as to consummate the transactions contemplated hereby, including satisfaction of all of the Assumed Liabilities and payments of the Determined Cure Costs.

• As and when a Cure Cost becomes a Determined Cure Cost, the amount of such Determined Cure Costs (excluding with respect to any Executory Music LOIs, if any) shall be paid by Buyer only as and to the extent of the amounts set forth on Schedule C, including the Added Contract Cure Costs (cumulatively, the “ Scheduled Cure Amounts”), and Seller shall be responsible for paying and shall pay any Determined Cure Cost to the extent such cost is in excess of the Scheduled Cure Amounts.

• The Determined Cure Costs for the Potential Assigned Contracts listed on Exhibit B are herebyfixed at the amounts set forth therein, and the non-debtor counterparties to such Potential Assigned Contracts are forever bound by such Determined Cure Costs.

• Upon payment of the applicable Determined Cure Costs, the non-debtor counterparties to Assigned Contracts shall be enjoined from taking any action against the Purchaser or the Purchased Assets with respect to any claim for cure.

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• As and when any Asserted Cure Costs becomes a Determined Cure Cost, the amount of such Determined Cure Costs shall be paid by Buyer.

• For purposes of the calculation with respect to Section 2.3(f) (Determined Cure Costs), with respect to any given Assumed Contract and Assumed Lease, the calculation shall use the Asserted Cure Cost to the extent no Determined Cure Cost has been finalized.

More Definitions of Determined Cure Costs

Determined Cure Costs means, in the aggregate, all Cure Costs payable in respect of the Assumed Contracts as determined pursuant to the Sale Order.

Determined Cure Costs means the amounts required to be paid to counterparties of Assigned Contracts on account of the assumption thereof pursuant to Section 365 of the Bankruptcy Code (or otherwise but without duplication upon the assignment of Assigned Contracts which are Canadian Contracts), which amounts shall be determined by written agreement between the Purchaser and such counterparty or pursuant to a Final Order of the U.S. Bankruptcy Court, which Final Order may be the U.S. Sale Order.

Determined Cure Costs means the amounts required to be paid to counterparties of Assigned Contracts on account of the assumption thereof pursuant to Section 365 of the Bankruptcy Code (or otherwise but without duplication upon the assignment of Assigned Contracts which are Canadian Contracts), which amounts shall be determined by written agreement between the Purchaser and such counterparty or pursuant to a Final Order of the U.S. Bankruptcy Court, which Final Order may be the U.S. Sale Order.