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Case 1:20-bk-12043 Doc 628-1 Filed 03/02/21 Entered 03/02/21 11:09:01 Desc <br />Exhibit A - Declaration of Brett Parks Page 4 of 16 <br />8. The Court approved the bidding procedures proposed in the Sale Motion by an <br />Order entered on August 12, 2020 [Docket No. 232], and the Debtors subsequently engaged in the <br />contemplated sale process. <br />9. On September 4, 2020, the Court entered the Order (I) Approving the Sale of <br />Substantially All of the Debtors' Assets Free and Clear of All Non Assumed Liens, Claims, <br />Encumbrances, and Interests; (II) Approving the Assumption and Assignment of Certain Executory <br />Contracts and Unexpired Leases; and (III) Granting Related Relief [Docket No. 410 ("Sale <br />Order")]. While the Sale Order approved the assumption and assignment of some of the Debtors' <br />unexpired leases, the Debtors did not seek assumption of the Caterpillar Leases. <br />10. On September 25, 2020, the Debtors filed their Motion for Entry of an Order, <br />Pursuant to Sections 105(a) and 365(a) of the Bankruptcy Code, Authorizing the Rejection of <br />Certain Executory Contracts and Unexpired Leases [Docket No. 441 ("Rejection Motion")], in <br />which the Debtors sought authority to reject all unexpired leases that they did not assume and <br />assign to a buyer under the Sale Order, effective as of September 25, 2020 ("Rejection Date") <br />Because the Debtors did not so assume the Caterpillar Leases, those Leases were among the <br />unexpired leases that the Debtors sought to reject in the Rejection Motion. <br />11. On October 13, 2020, the Court entered the Order, Pursuant to Sections 105(a) and <br />365(a) of the Bankruptcy Code, Authorizing the Rejection of Certain Executory Contracts and <br />Unexpired Leases [Docket No. 477 ("Rejection Order")] granting the Rejection Motion and <br />authorizing the Debtors' rejection of the Caterpillar Leases effective as of the Rejection Date. <br />12. On December 15, 2020, Caterpillar timely filed the following proofs of claim <br />asserting claims for rejection damages under the rejected Caterpillar Leases (collectively, the <br />"Proofs of Claim"): <br />3 <br />