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2020-09-28_GENERAL DOCUMENTS - C1980004 (2)
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2020-09-28_GENERAL DOCUMENTS - C1980004 (2)
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Last modified
9/28/2020 1:07:44 PM
Creation date
9/28/2020 12:24:27 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1980004
IBM Index Class Name
General Documents
Doc Date
9/28/2020
Doc Name Note
Case No. 20-12043 (GRH) Hopedale Mining LLC
Doc Name
Bankruptcy Notice
From
DRMS Website
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
JRS
JDM
GRM
CMM
CCW
Media Type
D
Archive
No
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Case 1:20-bk-12043 Doc 441-2 Filed 09/25/20 Entered 09/25/20 17:20:51 Desc <br /> Proposed Order Page 2 of 3 <br /> and the Court having found that it has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1334(b) <br /> and 157; and the Court having found that venue of these cases and the Motion in this district is <br /> proper pursuant to 28 U.S.C. §§ 1408 and 1409; and the Court having found that this matter is a <br /> core proceeding pursuant to 28 U.S.C. § 157(b); and the Court having found that notice of the <br /> Motion has been given as set forth in the Motion and that such notice is adequate and no other or <br /> further notice need be given; and the Court having found that the relief sought in the Motion is in <br /> the best interest of the Debtors, their estates, their creditors, and other parties in interest; and the <br /> Court having found that the legal and factual bases set forth in the Motion establish just cause for <br /> the relief granted herein; and after due deliberation and sufficient cause appearing therefor, <br /> IT IS HEREBY ORDERED THAT: <br /> 1. The Motion is GRANTED as set forth herein. <br /> 2. The Debtors are authorized to reject the Rejected Agreements as of the Rejection <br /> Effective Date. <br /> 3. Any claims held by the Debtors against contract counterparties, whether or not <br /> such claims arise under, are related to the rejection of, or are independent of the Rejected <br /> Agreements, are fully preserved. Furthermore, any residual rights the Debtors may have under the <br /> Rejected Agreements are fully preserved. <br /> 4. Nothing in the Motion or this Order shall be deemed or construed as an approval <br /> of an assumption of any lease, sublease, or contract that is not deemed part of the Rejected <br /> Agreements pursuant to section 365 of the Bankruptcy Code, and all such rights are reserved. <br /> 5. Claims arising out of the rejection of the Rejected Agreements must be filed on <br /> or before the later of(i) the deadline for filing proofs of claims established by the Court in these <br /> Chapter 11 Cases or(ii) thirty (30) days after the date of entry of this Order. If no proof of claim <br />
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