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Case 1:20-bk-12043 Doc 628 Filed 03/02/21 Entered 03/02/21 11:09:01 Desc Main <br />Document Page 8 of 10 <br />Leases. Caterpillar and the Debtors, through their business representatives, discussed the Debtors' <br />continuing use of that Equipment on multiple occasions during that time. Thus, it cannot be <br />disputed that the rent arising under the Caterpillar Leases during that time comprising Caterpillar's <br />Administrative Claim is, in fact, an actual and necessary cost of preserving the Debtors' estates <br />that is entitled to priority treatment under §§ 503(b)(1)(A) and 507(a)(2). Without the Leased <br />Equipment, the Debtors would not have been able to continue operations and, ultimately, to obtain <br />a going -concern sale of substantially all of their assets. No doubt recognizing that their rent to <br />Caterpillar under the Caterpillar Leases was an actual and necessary expense of preserving the <br />Debtors' estates, the Plan specifically includes "payments for leased equipment" within the <br />definition of "Administrative Claim," which further supports the classification of Caterpillar's <br />unpaid rent during that time as an administrative claim in this case. [See Plan, p. 2.] <br />Consequently, Caterpillar respectfully requests that the Court determine that its <br />Administrative Claim for all unpaid rent that came due between the Petition Date and the Rejection <br />Date for the Leased Equipment that Caterpillar provided to the Debtors under the Caterpillar <br />Leases is an administrative expense under § 503(b)(1)(A). In turn, Caterpillar requests that the <br />Court determine that its Administrative Claim is an "Allowed Administrative Claim" in the amount <br />of $254,987.75 as that tennis defined in the Plan. Hereinafter, the Administrative Claim is referred <br />to as the "Allowed Administrative Claim." <br />IL The Liquidating Trustee Should be Authorized and Directed to Pay the Caterpillar <br />the Allowed Administrative Claim under the Plan Terms. <br />Article II, Section 3.02(a) of the Plan governs the treatment of Allowed Administrative <br />Claims, stating in relevant part: <br />In full satisfaction, and settlement of and in exchange for each Allowed <br />Administrative Claim, ... each Holder of an Allowed Administrative Claim shall <br />receive payment in full, in Cash, on the later of (i) the Effective Date or as soon <br />