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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 7 of 10 <br />(A) cures, or provides adequate assurance that the trustee will promptly cure, <br />such default ... ; <br />(B) compensates, or provides adequate assurance that the trustee will promptly <br />compensate, a party other than the debtor to such contract or lease, for any <br />actual pecuniary loss to such party resulting from such default; and <br />(C) provides adequate assurance of future performance under such contract or <br />lease. <br />11 U.S.C. § 365(b)(1). Section 1107(a) extends the authority that § 365 grants to a trustee to a <br />debtor in possession. Thus, "[w]ith respect to the requirements of § 365, in order to assume a <br />contract, the [d]ebtor must cure or provide adequate assurance that any default would be cured; <br />compensate or provide adequate assurance for any actual pecuniary loss to a party other than the <br />[d]ebtor resulting from the default; and provide adequate assurance of future performance under <br />the contract." In re Plum Run Serv. Corp., 159 B.R. 496, 500 (Bankr. S.D. Ohio 1993). Although <br />Caterpillar generally does not object to the assumption and assignment of the Leases if those <br />actions are undertaken in compliance with § 365, Caterpillar does object if Rhino Energy proposes <br />to do so without paying the full amount of cure costs due and owing to Caterpillar or without <br />providing the requisite adequate assurance of the assignee's future performance under any Lease. <br />"Cure is a critical component of assumption." Stanley Jacobs Prod., Ltd. v. 9472541 Can. <br />Inc. (In re Thane Int'l, Inc.), 586 B.R. 540, 549 (Bankr. D. Del. 2018). The required cure amount <br />under § 365 is all unpaid amounts due under the relevant agreement. In re Network Access <br />Solutions, Corp., 330 B.R. 67, 76 (Bankr. D. Del. 2005) ("[W]hen a contract is assumed under <br />section 365, all unpaid amounts due under the agreement must be paid."). The Leases obligate <br />Rhino Energy not only to pay its regular, monthly lease payments, but also to pay all taxes imposed <br />on the Leased Equipment when due. The Debtors' Cure Amounts fail to include all amounts that <br />were outstanding as of the Petition Date and amounts that came due and were not paid post - <br />7 <br />