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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 37 of 43 <br /> 32. Objections to Assumption and Assignment. Except as provided herein, all Cure <br /> Objections have been overruled, withdrawn, waived, settled, or otherwise resolved at the Sale <br /> Hearing. The pendency of a dispute relating to a particular Assigned Contract shall not prevent <br /> or delay the assumption and assignment of any other Assigned Contract or the closing of the Sale <br /> Transaction. <br /> 33. Any non-debtor counterparty to the Assigned Contract designated for the Debtors' <br /> assumption and assignment to the Buyer that has not filed an Objection on or before the deadline <br /> as set forth in the relevant Assumption/Assignment Notice is hereby enjoined from taking any <br /> action against the Buyer or the Assets with respect to any claim for cure under such Assigned <br /> Contract and shall be barred from objecting or asserting monetary or non-monetary defaults with <br /> respect to any such Assigned Contract, and such Assigned Contract shall be deemed assumed by <br /> the Debtors and assigned to the Buyer on the Closing Date. To the extent that any non-Debtor <br /> counterparty to any of the Assigned Contracts failed to timely file an objection to any of the <br /> proposed Cure Costs filed with the Bankruptcy Court, the Cure Cost listed in the Cure Notice <br /> shall be deemed to be the entire cure obligation due and owing under any of the applicable <br /> Assigned Contracts. Except for the Cure Costs, there are no defaults existing under the Assigned <br /> Contracts, nor shall there exist any event or condition which, with the passage of time or giving <br /> of notice, or both, would constitute such a default. <br /> 34. Direction to Assigned Contracts Counterparties. All counterparties to the <br /> Assigned Contracts shall cooperate and expeditiously execute and deliver, upon the reasonable <br /> requests of the Buyer, and shall not charge the Buyer for, any instruments, applications, <br /> consents, or other documents that may be required or requested by any public or quasi-public <br /> authority or other parry or entity to effectuate the applicable transfers in connection with the Sale <br />
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