Examples of Rejected Leases and Contracts in a sentence
To the extent any of the Rejected Leases and Contracts are judicially determined not to be subject to rejection under section 365 of the Bankruptcy Code, (a) all rights, claims and defenses by any party in connection with any such potential dispute are preserved, and (b) any property interests in the subject leasehold are deemed abandoned as of the date of entry of this Order, unless the Debtors and the respective counterparty to a Rejected Lease mutually agree, in writing, to a different date.
The rejection of the Rejected Leases and Contracts complies with the requirements of Bankruptcy Rule 6006(f).
Nothing in this Order shall alter, affect, or otherwise limit the rights of any party (a) under applicable non- bankruptcy law, including without limitation subrogation rights, or (b) to assert claims against the Debtors’ estates in connection with the Debtors’ rejection and breach of the Rejected Leases and Contracts or abandonment, and the Debtors reserve all defenses and rights to object to any such claims.
Nothing contained herein is intended or should be construed as: (a) constituting an admission as to the validity or priority of any claim against the Debtors; (b) constituting a waiver of the Debtors’ rights to dispute any claim; (c) prejudicing any party’s rights to assert that the Rejected Leases and Contracts are not executory or unexpired within the meaning of section 365 of the Bankruptcy Code; or (d) constituting assumption of any contract pursuant to section 365 of the Bankruptcy Code.
The Rejected Leases and Contracts listed on the Schedules, attached hereto, are hereby deemed rejected by the Debtors as of the Effective Date.
Because estate preservation is essential to the Debtors’ ability to facilitate an orderly wind down, rejection of the Rejected Leases and Contracts and abandonment of the Associated Property are necessary and appropriate under section 105(a).
The Rejected Leases and Contracts generally relate to properties where the Debtors no longer maintain operations and no longer hold any possessory interest, and are therefore unnecessary to the Debtors’ business.
Nothing herein shall prejudice the rights of the Debtors to argue that any claim for damages arising from the rejection of the Rejected Leases and Contracts is limited to the remedies available under any applicable termination provision of such Rejected Leases and Contracts; or that any such claim is an obligation of a third party, and not that of the Debtors.
Here, in the exercise of sound and considered business judgment, the Debtors have determined that rejecting the Rejected Leases and Contracts is in the best interest of their estates.
The Plan constitutes a motion by the Debtor, which is hereby approved and authorized, pursuant to Bankruptcy Code § 365, to reject any and all Rejected Leases and Contracts of the Debtor.