Before the Session
During the Session
- What is an executory contract?
- Why would a company want to assume and assign a contract or lease?
- What obligations does a company have to the counterparty of an executory contract during the period after Chapter 11 filing but before the contract has been assumed or rejected?
- What deadlines does a company need to keep in mind when deciding whether to assume or reject different types of unexpired leases?
- Under what standard does the Bankruptcy Court review the company’s decision to assume or reject an executory contract?
- Once the court approves, are there any other requirements for the company before assuming a contract or lease?
- Is the company’s rejection of a contract or lease considered a breach of the agreement or a termination of the agreement, and what effect does this have on the counterparties?
- Anecdotes and war stories (e.g., about a near-disaster or a tough negotiation)
- General practice tips (dos and don’ts)
- Firm-specific guidance and practices
After the Session
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