would also be worth looking at docket #1986 filed on friday by amazon. although not objecting to assignments to esl of various contracts, amazon is asserting it rights under those contracts to return over $5 million in undamaged overstock kenmore and diehard items for credit. have cut/pasted amazon's conclusion below:
__________________________________________________________
CONCLUSION
WHEREFORE, for the foregoing reasons, Amazon respectfully requests that the Court (i) condition assumption and assignment of the Assumed Amazon Contracts on the terms and conditions requested by Amazon herein, including the description of the Assumed Amazon Contracts set forth in Exhibit “A” hereto for purposes of the Asset Purchase Agreement; and (ii) condition entry of any order approving the Global Asset
Transaction and Asset Purchase Agreement on the incorporation of the proposed order language set forth above.
Dated: January 25, 2019 Respectfully submitted,
/s/ Robert T. Honeywell
Robert T. Honeywell III
K&L GATES LLP
599 Lexington Avenue
New York, NY 10022-6030
Telephone: (212) 536-3900
Facsimile: (212) 536-3901
Counsel to Amazon.com Services, Inc. and
Certain Affiliate
