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2020-08-04_GENERAL DOCUMENTS - C1980004
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2020-08-04_GENERAL DOCUMENTS - C1980004
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Last modified
12/27/2024 11:22:02 PM
Creation date
8/5/2020 12:02:27 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1980004
IBM Index Class Name
General Documents
Doc Date
8/4/2020
Doc Name Note
Case No. 20-12043 (GRH) Hopedale Mining LLC
Doc Name
Bankruptcy Notice
From
District Court of Ohio
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
CCW
JDM
JRS
Media Type
D
Archive
No
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Case 1:20-bk-12043 Doc 124-1 Filed 07/29/20 Entered 07/29/20 20:57:30 Desc <br /> Exhibit A - Proposed Sale Order Page 36 of 43 <br /> of the non-debtor third party to the Assigned Contracts, or modification of any term or condition <br /> upon the assignment of an Assigned Contract or the occurrence of the conditions set forth in <br /> subsection (b) above, shall have any force and effect, and such provisions constitute <br /> unenforceable anti-assigrunent provisions under section 365(f) of the Bankruptcy Code and/or <br /> are otherwise unenforceable under section 365(e) of the Bankruptcy Code. The entry of this <br /> Order constitutes the consent of the non-debtor parties to the Assigned Contracts to the Debtors' <br /> assumption and assignment of such Assigned Contracts to the Buyer. All Assigned Contracts <br /> shall remain in full force and effect, without existing default(s), subject only to payment of the <br /> appropriate Cure Costs, if any, by the Buyers. <br /> 29. No Fees for Assumption and Assignment. There shall be no rent accelerations, <br /> assignment fees, increases or any other fees charged to the Buyer, Buyer's Related Persons or the <br /> Debtors as a result of the assumption and assignment of the Assigned Contracts. <br /> 30. Cure Costs. All defaults or other obligations shall be deemed cured by the <br /> Buyer's payment or other satisfaction of the cure amounts, if any, associated with the Assigned <br /> Contracts (the "Cure Costs"). <br /> 31. Notice of Assumption and Assignment. The Debtors have served all of the non- <br /> debtor counterparties to the Assigned Contracts, identified on the lists the Debtors have filed <br /> with the Bankruptcy Court, by first class mail, an Assumption/Assignment Notice that included <br /> (a) the title of the Assigned Contract, (b) the name of the counterparty to the Assigned Contract, <br /> (c) any applicable Cure Costs, (d) the deadline by which any such Assigned Contract <br /> counterparty must file an objection ("Cure Obiection") to the proposed assumption and <br /> assignment. No other or further notice is required. <br />
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