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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 38 of 43 <br /> Transaction. Nothing in this Order, the Motion, the Cure Notice, or any notice or any other <br /> document is or shall be deemed an admission by the Debtors that any contract is an executory <br /> contract or must be assumed and assigned pursuant to the Stalking Horse Agreement or in order <br /> to consummate the Sale Transaction. <br /> 35. The failure of the Debtors or Buyer to enforce at any time one or more terms or <br /> conditions of any Assigned Contract shall not constitute a waiver of any such terms or <br /> conditions, or of the Debtors' or Buyer's rights to enforce every term and condition of the <br /> Assigned Contracts. <br /> 36. Section 365(k). Pursuant to section 365(k) of the Bankruptcy Code, effective on <br /> the Closing, the assignment of the Assigned Contracts to the Buyer relieves the Debtors' estates <br /> from any liability for any breach of such contract or lease occurring after such assignment . <br /> 37. Release of Buyer. Upon consummation of the Sale Transaction, the Debtors and <br /> their estates are deemed to release and forever discharge Buyer and Buyer's Related Persons <br /> from any and all claims, causes of action, obligations, liabilities, demands, losses, costs, and <br /> expenses of any kind, character, or nature whatsoever, known or unknown, fixed or contingent, <br /> relating to all activities or conduct before or after the Petition Date related to the negotiation of <br /> the Stalking Horse Agreement, the Sale Transaction, the Auction, or otherwise related in any <br /> way to the sale of the Assets or assignment of the Assigned Contracts, except for liabilities and <br /> obligations expressly assumed under the Stalking Horse Agreement. <br /> 38. Amendments. Subject to the terms of the Stalking Horse Agreement, the Stalking <br /> Horse Agreement and any related agreements may be waived, modified, amended, or <br /> supplemented by agreement of the Debtors and the Buyer, without further action or order of the <br /> Bankruptcy Court; provided, however, that any such waiver, modification, amendment or <br />
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