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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 10 of 13 <br /> v. Faurecia Automatic Seating, Inc.,No. 3:1 OCV00575, 2012 WL 13027056, *5 (N.D. Ohio Sept. <br /> 6, 2012) ("Section 365 of the Bankruptcy Code prohibits a trustee (or debtor in a case under <br /> Chapter 11)from assuming an executory contract unless any default is cured or adequate assurance <br /> of such cure is provided.") (quoting Matter ofPenn. Tire Co., 26 B.R. 663, 673 (Bankr.N.D. Ohio <br /> 1982)). <br /> 31. The Debtors are also required to cure all nonmonetary and/or unliquidated <br /> obligations under the Lease Agreement including, without limitation, repair, maintenance and <br /> similar obligations under the Lease Agreement. See In re Akron Thermal, L.P., No. 07-51884, <br /> 2008 WL 1886171, *17 (Bankr. N.D. Ohio Apr. 25, 2008) ("Section 365 of the Code . . . allows <br /> a debtor to assume the contract if, and only if, the debtor can both cure the past monetary defaults <br /> and convince the Court that it is likely the debtor will be able to perform all of its future obligations <br /> (monetary or otherwise) under the agreement."). <br /> 32. The Debtors are therefore required to provide (a) adequate assurance that the <br /> correct cure cost will be paid and the significant Maintenance Deficiencies and other unliquidated <br /> obligations(collectively,the"Unliquidated Obligations")will be cured and(b)adequate assurance <br /> of future performance as mandated by section 365 of the Bankruptcy Code. <br /> 33. In addition, Wintrust is entitled to recover its attorneys' fees and costs incurred in <br /> the enforcement of the covenants and obligations of the Lease Agreement as a condition of the <br /> assumption and assignment of the Lease Agreement. See In re Revco D.S., Inc., 109 B.R. 264, <br /> 273 (Bankr. N.D. Ohio 1989); In re Senior Care Ctr., LLC, 607 B.R. 580, 592 (Bankr. N.D. Tex. <br /> 2019). <br /> 34. Wintrust objects to any order approving a sale of the Debtors' assets that does not <br /> (a) require that the full amount of the cure cost under the Lease Agreement be paid at or prior to <br /> 10 <br />