Laserfiche WebLink
Case 1:20-bk-12043 Doc 307 Filed 08/28/20 Entered 08/28/20 16:03:37 Desc Main <br />Document Page 8 of 10 <br />petition. They also fail to include the 2018 personal property taxes assessed on the Leased <br />Equipment, which Caterpillar paid after Rhino Energy failed to do so and for which Caterpillar is <br />entitled to reimbursement from Rhino Energy under the Leases. <br />For the foregoing reasons, Caterpillar objects to the Cure Cost Notice and the Cure <br />Schedule attached thereto and to any request of Rhino Energy to assume and/or assign any of the <br />Leases without providing for prompt cure of Rhino Energy's defaults under the Lease, including, <br />but not limited to, payment of the Correct Cure Costs stated herein. Caterpillar reserves the right <br />to amend or modify this Objection at any time, including to add additional amounts to the Correct <br />Cure Cost amount that come due under the Leases after this Objection is filed. <br />Unless and until the Debtors name a Successful Bidder for the Leases, Caterpillar is unable <br />to make an informed decision about whether it has received adequate assurance that the Successful <br />Bidder will perform under the Leases in the future or whether an objection is required. For absence <br />of doubt, Caterpillar objects to any assumption and/or assignment of its Leases if Caterpillar is not <br />provided adequate assurance of Rhino Energy or its assignee's future performance under the <br />Leases in the manner that § 365(b)(1)(C) requires. If, after the filing of this Objection, the Debtors <br />name a Successful Bidder for the Leases, Caterpillar requests that Rhino Energy provide <br />Caterpillar adequate assurance of the Successful Bidder's ability to perform under the Leases in <br />the future. Caterpillar reserves all rights to amend or supplement this Objection, file a separate <br />objection, or assert an objection at any hearing on the basis that Rhino Energy cannot assume or <br />assign the Leases without first providing the requisite adequate assurance of future performance. <br />RESERVATION OF RIGHTS AS TO <br />POTENTIAL SALE OF CATERPILLAR COLLATERAL <br />Caterpillar reserves all rights regarding its Secured Claims and the Caterpillar Collateral <br />that secures them. Paragraph 20 of the Bid Procedures Order governs the sale of the Caterpillar <br />