Laserfiche WebLink
Case 1:20-bk-12043 Doc 441 Filed 09/25/20 Entered 09/25/20 17:20:51 Desc Main <br /> Document Page 3 of 7 <br /> "Rejected A2reements"). 3 The term "Rejected Agreements" expressly excludes: (i) any <br /> agreements, to the extent deemed executory, with Indemnity National Insurance Company; (ii) <br /> any agreements, to the extent deemed executory, concerning (a) the Debtors' general liability <br /> policy with Imperium Insurance Company, Policy No. MNG-IIC-GL0000220-00, (b) the <br /> Debtors' umbrella policy with Imperium Insurance Company, Policy No. MNG-IIC- <br /> CX0000129-00, (c) the Debtors' excess liability policies (Policy No. XCQM0098243A005, <br /> ACE Property & Casualty Insurance Co., Policy No. 80877760, Lexington Insurance Company, <br /> Policy No. 1000031017201, Starr Indemnity & Liability Company, and Policy No. 2800604, <br /> Ironshore Specialty Insurance), and (d) tail coverage under the Debtors' insurance policy with <br /> XL Insurance Company, Policy No. ELU167890-20; and (iii) for the avoidance of doubt, the <br /> Assigned Agreements identified on Exhibit A. <br /> 7. The Debtors, in their reasonable business judgment, have determined that it is in <br /> the best interests of the Debtors' estates that the Rejected Agreements be rejected as of <br /> September 25, 2020 (the "Rejection Effective Date"), thereby avoiding the incurrence of <br /> administrative expenses that are of no benefit or value to these estates. <br /> RELIEF REQUESTED <br /> 8. By this Motion, the Debtors request entry of an order, substantially in the form <br /> attached hereto, authorizing and approving the Debtors' rejection of the Rejected Agreements <br /> effective as of the Rejection Effective Date. <br /> BASIS FOR RELIEF REQUESTED <br /> 9. Section 365(a) of the Bankruptcy Code provides that a trustee or debtor in <br /> possession, "subject to the court's approval may...reject any executory contract or unexpired <br /> s The term"Rejected Agreements"shall include both unexpired leases and executory contracts.For the avoidance of <br /> doubt,the term Rejected Agreements shall not include the Assigned Agreements. <br /> 3 <br />