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2020-08-28_GENERAL DOCUMENTS - C1980004 (7)
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2020-08-28_GENERAL DOCUMENTS - C1980004 (7)
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Entry Properties
Last modified
9/28/2020 1:43:32 PM
Creation date
8/28/2020 12:10:06 PM
Metadata
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Template:
DRMS Permit Index
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
JDM
CMM
GRM
CCW
Media Type
D
Archive
No
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Case 1:20-bk-12043 Doc 303 Filed 08/28/20 Entered 08/28/20 11:03:45 Desc Main <br />Document Page 4 of 13 <br />$569,000. (Id. at ¶ 15). In addition, one unit of the equipment will require an engine rebuild and <br />front and rear brakes in the near term at an estimated cost of $204,000. (Id. at ¶ 16). <br />9. On August 12, 2020, the Court entered its Order (A) Approving Bidding and Sale <br />Procedures with Respect to the Sale of Substantially All Assets, (B) Authorizing the Entry into a <br />Stalking Horse Agreement and the Provision of Stalking Horse Protections, (C) Scheduling an <br />Auction and Sale Hearing and Approving the Form and Manner of Notice Thereof, (D) Approving <br />the Procedures for the Assumption and Assignment of Executory Contracts and Unexpired Leases, <br />and (E) Granting Related Relief [Related to Docket No. 26] (Dkt. No. 232) (the "Sale Procedures <br />Order") <br />10. Pursuant to the Sale Procedures Order, the Court (i) approved procedures for the <br />sale of substantially all of the Debtors' assets, (ii) authorized the Debtors to enter into that certain <br />Asset Purchase Agreement dated as of July 22, 2020 among Pledge Servicing Partners, LLC, <br />Rhino GP LLC, Rhino Resource Partners LP, and other Debtors signatory thereto (as may be <br />amended from time to time, the "Stalking Horse Agreement"), (iii) established procedures for <br />assignment and assumption of executory contracts and unexpired leases in connection with the <br />asset sale, and (iv) set September 1, 2020 as the deadline for parties -in -interest to object to, among <br />other things, the sale of the Debtors' assets free and clear of interests pursuant to section 363(f) of <br />the Bankruptcy Code and to the cure obligations in the Debtors' cure schedule for executory <br />contracts that may be assigned in connection with the sale. <br />11. The Debtors filed their Notice of Cure Costs on August 12, 2020, including a <br />Consolidated Schedule of Executory Contracts and Unexpired Leases that lists a cure cost of $0.00 <br />for the Lease Agreement, as of July 21, 2020. <br />
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