2020-08-28_GENERAL DOCUMENTS - C1980004

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Case 1:20-bk-12043 Doc 307 Filed 08/28/20 Entered 08/28/20 16:03:37 Desc Main Document Page 5 of 10 Stalking Horse Bidder could add the Caterpillar Collateral to the assets it desires to purchase, or another bidder could submit a Successful Bid to purchase said Collateral. Caterpillar's Equipment Leases with Rhino Energy 10. Rhino Energy leased the equipment listed below ("Leased Equipment") from Caterpillar through six separate leases that the parties entered in June and October, 2018 ("Caterpillar Leases"): Transaction No. Date Year Make Model Description 3469644 6/8/2018 2018 Caterpillar 777G Off Highway Truck 3478366 6/18/2018 2018 Caterpillar D11T Track Type Tractor 3479593 6/8/2018 2018 Caterpillar 777G Off Highway Truck 3479594 6/8/2018 2016 Caterpillar 777G Off Highway Truck 3495972 6/8/2018 2018 Caterpillar D10T2 Track Type Tractor 3546322 10/16/2018 2018 Caterpillar 992K Wheel Loader 11. Each of the Leases has a 48 -month term that had not expired as of the Petition Date and is thus an "unexpired lease" under § 365. The total amount of lease payments due under all six Leases over the remainder of their respective lease terms was approximately $6.5 million as of the Petition Date. Debtors' Proposed Assignment of Leases 12. On August 12, 2020, the Debtors filed the Cure Cost Notice [ECF No. 236] in accordance with the Bid Procedures Order. The Cure Cost Notice states that the Debtors may seek to assume and assign to a "Successful Bidder" some or all of the executory contracts and unexpired leases listed on the "Cure Schedule" attached thereto as Exhibit 1 [ECF No. 236-1]. If any contract or lease is so assumed and assigned, the Debtors listed on the Cure Schedule the sum that they believe the Successful Bidder must pay to cure all defaults under the contract or lease as § 365 requires. 5