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Case 1:20-bk-12043 Doc 307 Filed 08/28/20 Entered 08/28/20 16:03:37 Desc Main <br />Document Page 6 of 10 <br />13. Page 2 of the Cure Schedule lists all of Caterpillar's Leases and states the amounts <br />that the Debtors believe must be paid as of July 21, 2020, the day before the Petition Date, to cure <br />all defaults under the Leases as part of assuming and assigning same ("Debtors' Cure Amounts") <br />[See ECF No. 236-1, p. 2.] The Debtors' Cure Amounts are incorrect. According to Caterpillar's <br />records, the amount required to cure all defaults under the Leases is higher than the Debtors' Cure <br />Amounts, and the "Correct Cure Amounts" listed in the chart attached hereto as Exhibit A are the <br />amounts that must be paid to cure Rhino Energy's defaults under the Caterpillar Leases as of <br />August 31, 2020, plus any lease payments, taxes, or other applicable charges accruing from <br />September 1, 2020 until the date of any assumption. <br />14. As described on Exhibit A, the Correct Cure Amounts include unpaid lease <br />payments due in July and August 2020. The Correct Cure Amounts also include the 2018 personal <br />property taxes that Mingo County, West Virginia assessed on the Leased Equipment and <br />Caterpillar paid in October 2019, after Rhino Energy failed to do so. Invoices supporting the tax <br />payment expenses are attached hereto as Exhibit B. <br />15. At present, Caterpillar understands that neither the Stalking Horse Bidder nor any <br />other bidder has submitted a bid that includes assumption of the Leases. However, between now <br />and the sale hearing, Rhino Energy may seek to assume and assign the Leases to another bidder or <br />negotiate same with the Stalking Horse Bidder. <br />OBJECTION TO CURE COSTS AND RESERVATION OF RIGHTS AS TO <br />ADEQUATE ASSURANCE OF FUTURE PERFORMANCE <br />Section 365(b) of the Bankruptcy Code governs the assumption of unexpired leases and <br />provides in pertinent part as follows: <br />(1) If there has been a default in an ... unexpired lease of the debtor, the trustee <br />may not assume such ... lease unless, at the time of assumption of such ... lease, <br />the trustee <br />G <br />