2020-08-28_GENERAL DOCUMENTS - C1980004 ‎(7)‎

• Permit No: C1980004
• IBM Index Class Name: General Documents
• Doc Date: 8/28/2020
• Doc Name Note: Hopedale Mining , LLC Case No. 20-12043 ‎(GRH)‎
• Doc Name: Objection of Wintrust Commercial Finance to Sale Motion & Equipment Lease Cure Cost
• From: Brook Gibson
• To: DRMS
• Permit Index Doc Type: General Correspondence
• Email Name: JRS
• Email Name: JDM
• Email Name: CMM
• Email Name: GRM
• Email Name: CCW
• Media Type: D
• Archive: No

Case 1:20-bk-12043 Doc 303 Filed 08/28/20 Entered 08/28/20 11:03:45 Desc Main
Document Page 11 of 13
assumption and assignment, (b) provide that any and all Unliquidated Obligations shall be cured
at or prior to assumption and assignment or survive the assumption and assignment, and that any
assignee shall take the Lease Agreement subject to all of its respective terms and undertake to
satisfy all monetary and non -monetary obligations under the Lease Agreement, regardless of
whether such obligations could be argued to have existed, occurred, or accrued prior to the
assumption and assignment of the Lease Agreement.
19. Finally, the Debtors have not provided adequate assurance of future performance
within the meaning of section 365(b)(1)(C) of the Bankruptcy Code regarding any potential
assumption and assignment of the Lease Agreement including, regarding not only the payment of
all the monetary obligations under the Lease Agreement but also the performance of all
Unliquidated Obligations. In accordance with the provisions of the Notice of Cure Costs, Wintrust
requests that the Debtors provide information to establish any proposed purchaser's ability to
perform under the Lease Agreement, and Wintrust objects to the approval of any assignment
thereof absent such information.
RESERVATION OF RIGHTS
20. Nothing in this Objection is intended to be, or should be construed as, a waiver by
Wintrust of any of its rights under the Lease Agreement, the Bankruptcy Code, or applicable law.
Wintrust expressly reserves all such rights including, without limitation, the right to: (a)
supplement and/or amend this Objection to assert any additional objections with respect to the Sale
Motion, the Notice of Cure Costs and/or any proposed assumption and assignment of the Lease
Agreement; (b) amend the cure cost under the Lease Agreement; (c) assert any additional
unliquidated obligations and/or nonmonetary defaults under the Lease Agreement; (d) object to
the ability of any proposed purchaser to provide adequate assurance of future performance; and
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