My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
2016-12-28_GENERAL DOCUMENTS - C1992081
DRMS
>
Day Forward
>
General Documents
>
Coal
>
C1992081
>
2016-12-28_GENERAL DOCUMENTS - C1992081
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
1/4/2017 7:36:03 AM
Creation date
1/4/2017 7:29:08 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1992081
IBM Index Class Name
General Documents
Doc Date
12/28/2016
Doc Name
Second Order (1) Authorizing the Debtors to (A) Assume Certain Unexpired Leases of Nonresidential
From
United States Bankruptcy Court
To
DRM
Permit Index Doc Type
General Correspondence
Email Name
MPB
JRS
JDM
Media Type
D
Archive
No
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
16
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
Case 16-42529 Doc 1792 Filed 12/15/16 Entered 12/15/16 10:00:46 Main Document <br />Pg3of15 <br />the Debtors may assign any Assumed Lease in the future notwithstanding any provision of such <br />Assumed Lease that prohibits, restricts or conditions the assignment of such Assumed Lease; <br />provided that the conditions of section 365(f)(2)(B) of the Bankruptcy Code are satisfied. <br />The cure amount to be paid to cure all prepetition defaults under each <br />Assumed Lease, pursuant to section 365(b) of the Bankruptcy Code, shall be the applicable Cure <br />Amount set forth on the Assumed Leases Schedule attached hereto, or such other amount as may <br />be agreed by the parties or otherwise ordered by the Court. The Debtors shall pay the applicable <br />Cure Amounts set forth on the Assumed Leases Schedule attached hereto no later than 30 days <br />following the entry of this Order. <br />The Cure Amount set forth in the Assumed Leases Schedule shall be <br />binding upon the nondebtor parties to the Assumed Leases for all purposes in these chapter 11 <br />cases and shall constitute a final determination of the total Cure Amounts required to be paid by <br />the Debtors in connection with the assumption of the Assumed Leases as of the Objection <br />Deadline (unless a portion of such costs are paid or satisfied in any manner, in which case the <br />applicable Cure Amount shall be reduced); provided that, for the avoidance of doubt, any <br />monetary defaults occurring after the Objection Deadline also must be cured in connection with <br />any assumption of the Assumed Leases (the "Post -Deadline Defaults") and any disputes relating <br />to Post -Deadline Defaults may be brought to this Court for adjudication. In addition, <br />all nondebtor counterparties to Assumed Leases shall be forever (a) barred from objecting to the <br />Cure Amounts and from asserting any additional cure or other amounts with respect to the <br />Assumed Leases (other than any Post -Deadline Defaults), and the Debtors shall be entitled to <br />rely solely upon the Cure Amounts set forth in the Assumed Leases Schedule; and <br />(b) barred, estopped and permanently enjoined from asserting or claiming against the Debtors or <br />511 <br />001KC0001 -PRINT-REV-80403-2-DOMESTIC-57897/000041/000363, <br />
The URL can be used to link to this page
Your browser does not support the video tag.