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2020-10-16_GENERAL DOCUMENTS - C1980004
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2020-10-16_GENERAL DOCUMENTS - C1980004
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Last modified
10/16/2020 9:16:38 AM
Creation date
10/16/2020 8:57:47 AM
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Template:
DRMS Permit Index
Permit No
C1980004
IBM Index Class Name
General Documents
Doc Date
10/16/2020
Doc Name Note
Case No. 20-12043 (GRH) Hopedale Mining LLC
Doc Name
Bankruptcy Notice
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DRMS Website
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DRMS
Permit Index Doc Type
General Correspondence
Email Name
JRS
JDM
GRM
CMM
CCW
Media Type
D
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Case 20-12168-CSS Doc 261 Filed 10/15/20 Page 3 of 6 <br /> (a) Any Utility Company desiring assurance of future payment for utility <br /> service beyond the Adequate Assurance must serve a request <br /> (an "Additional Assurance Request") so that it is received by the <br /> following: (i) Town Sports International, LLC, 399 Executive Blvd., <br /> Elmsford, NY 10523 (Attn: Stuart Steinberg) <br /> (stuart.steinberg@tsiclubs.com); and (ii) proposed counsel to the Debtors, <br /> Kirkland & Ellis, LLP, 601 Lexington Avenue, New York, New York <br /> 10022 (Attn: Nicole L. Greenblatt, P.C. (nicole.greenblatt@kirkland.com) <br /> and Derek L Hunter (derek.hunter@kirkland.com)) and 555 California <br /> Street, San Francisco, CA 94104 (Attn: Mark McKane, P.C. <br /> (mark.mckane@kirkland.com) and Young Conaway Stargatt & Taylor, <br /> LLP, 1000 North King Street, Rodney Square, Wilmington, DE 19801 <br /> (Attn: Allison S. Mielke) (amielke@ycst.com). <br /> (b) Any Additional Assurance Request must: (i) be made in writing; <br /> (ii) specify the amount and nature of assurance of payment that would be <br /> satisfactory to the Utility Company; (iii) set forth the location(s) for which <br /> Utility Services are provided and the relevant account number(s); <br /> (iv) describe any deposits, prepayments or other security currently held by <br /> the requesting Utility Company; and (v) explain why the requesting Utility <br /> Company believes the Adequate Assurance is not sufficient adequate <br /> assurance of future payment. <br /> (c) Upon the Debtors' receipt of an Additional Assurance Request at the <br /> addresses set forth above, the Debtors shall promptly negotiate with such <br /> Utility Company to resolve such Utility Company's Additional Assurance <br /> Request. <br /> (d) The Debtors, in their discretion, may resolve any Additional Assurance <br /> Request by mutual agreement with the requesting Utility Company and <br /> without further order of this Court, and may, in connection with any such <br /> resolution, in their discretion, provide the requesting Utility Company <br /> with additional assurance of future payment in a form satisfactory to the <br /> Utility Company, including, but not limited to, cash deposits, prepayments <br /> and/or other forms of security, if the Debtors believe such additional <br /> assurance is reasonable. Without the need for any notice to, or action, <br /> order or approval of, this Court, the Debtors may reduce the amount of the <br /> Utility Deposit by any amount allocated to a particular Utility Company to <br /> the extent consistent with any alternative adequate assurance arrangements <br /> mutually agreed to by the Debtors and the affected Utility Company. <br /> (e) If the Debtors determine that an Additional Assurance Request is not <br /> reasonable or are not able to resolve such request, the Debtors shall, upon <br /> reasonable notice, request a hearing before this Court to determine the <br /> adequacy of assurances of payment made to the requesting Utility <br /> Company (the "Determination Hearing"), pursuant to section <br /> 366(c)(3)(A) of the Bankruptcy Code, which Determination Hearing shall <br />
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