Unexpired Agreement


    D. Multiple contractual documents may constitute a single agreement for acceptance and refusal purposes. The courts have held that two or more contracts, essentially inseparable, can and should be considered a single indivisible agreement. In re Atlantic Computer Sys., Inc., 173 B.R. 844, 849-55 (S.D.N.Y. 1994) (six agreements constituted a section 365 contract); In re Karfakis, 162 B.R. 719, 725 (Bankr. E.D. Pa.

    1993). Subsection (d) (4). L. 109-8, § 404 (a), amended paragraph (4) in general. Before the amendment, para. (4) shall read as follows: `By way of derogation from paragraphs 1 and 2, in a case following a chapter of this Title, if the agent does not accept or refuses, within sixty days of the date of the corrective decision or within an additional period such as the court, a rental of non-residential immovable property not elapsed, according to which the debtor is the lessee, for that reason, within that period of 60 days, such a rental agreement is considered to be refused and the agent must immediately hand over these non-residential immovable properties to the lessor. A mall is often a carefully planned business, and although it is made up of a large number of individual tenants, the mall is designed as a single entity, often subject to a leasing or financing master`s contract. Under these agreements, the mix of tenants in a mall can be as important to the landlord as the rents actually promised, as some mixes attract a higher patronage of the shops in the center and therefore a higher rent for the lessor of the stores subject to a percentage of the gross lease. Therefore, in order to assure a lessor of its negotiated exchange, the court should take into account factors such as the nature of the transaction to be conducted by the agent or its assignee, whether that transaction meets the requirements of a framework contract, whether the nature of the proposed transaction generates gross transactions in an amount essentially corresponding to the percentage of rent indicated in the lease, what has been indicated by the debtor and whether the proposed transaction would result in a breach of other clauses in the framework contracts, for example as regards the mix of tenants and the location. ed. 109-8, paragraph 328 (a) (4), deleted `; with the exception that the agent may not assign a contract for the lease of non-residential immovable property, the debtor of which is an air carrier concerned, which is the lessee of an aircraft terminal or aircraft carrier, if a termination event occurred before the expiry of the time limit.

    A contract of performance is a contract in which the debtor is a party, but neither party has fulfilled its obligations under the contract. An unenatured lease is a frequent example of an performance contract – the owner has not yet given his right of succession for the entire duration of the rental agreement, nor the debtor has paid for the full term. . . .