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BeetBroker

12/03/18 3:17 PM

#53761 RE: 1manband #53760

Show me the source that contracts automatically cancel in chapter 15. In fact, quite the opposite- they are paused while the company decided whether to assume, assign, or cancel. Now check out the 3rd topic in the header of the US recognition order. Assumption and assignment of Executory contracts. Well we know for sure that newco didn’t buy those contracts so either someone else is going to or they were assumed by bioamber. Which would make sense seeing as they kept their name in this whole deal.

What’s the definition of contracts per the APA?
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BeetBroker

12/03/18 3:41 PM

#53767 RE: 1manband #53760

Existing Executory Contracts, why BioAmber kept their name and proof that all assets will be 'shared' in relation to those contracts.
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The only executory contracts BioAmber currently has per the 10K
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Contracts definition PER the APA
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This means that ANY rights to assets included in the APA that are bound by existing executory contracts are still rights of the Vendors (BIoAmber)

Seems like they Assumed the contracts and still have rights to all of their assets needed to execute those contracts.