definition executory promise
50 F.3d 233 (3rd Cir. 1995), 93-7409, In re Columbia Gas System Inc.
... settlement agreement constitute an executory contract under 11 U.S.C. Sec. 365 (1988). The ... stated "[t]hough there is no precise definition of what contracts are executory, it generally ... between a condition and a duty (or promise) is important here. The Restatement makes clear ...
Paid on Both Sides: Quid Pro Quo Exchange and the Doctrine of Consideration.
...Conditional Gif Promises 741 2. Contract Modifications 744 3. The ... Columbus Langdell's textbook definition of consideration as "the thing given or done by ...[i]n the executory bilateral contract..the element of exchange ...
744 F.2d 621 (8th Cir. 1984), 84-1032, Matter of Newcomb
... agreement could be rejected as an executory contract under 11 U.S.C. Sec. 365. In Count II, ... contract under which the United States promised not to levy on Arthur Newcomb's property in ...definition is broad enough to include both the transfer that ...
REGULATING DECENTRALIZED CRYPTOCURRENCIES UNDER PAYMENT SERVICES LAW: LESSONS FROM EUROPEAN UNION LAW.
...But such a definition is no longer universally valid because despite ... number of bitcoins constitutes an executory contract (96). Examining the case, Doherty wrote ... merely an attractive broken campaign promise? It appears so. . A system of payment or currency ...
THE EMPTY IDEA OF "EQUALITY OF CREDITORS".
...Using the Executory Contract Rules to Favor a Particular Creditor 716 ... not to compete--a debtor's contractual promise not to engage in business activities that compete ... the standard (though often criticized) definition, a contract is executory if the obligations still ...
896 F.2d 54 (3rd Cir. 1990), 89-5422, Matter of Bevill, Bresler & Schulman Asset Management Corp.
... taken money from Savings in return for a promise to deliver GNMAs which AMC did not own. We see no ..., does not operate as a rejection of an executory contract in this case since, under Chapter 11, ...The Code provides an additional definition:. "margin payment" means payment or deposit of ...
17 U.S. 518 (1819), Trustees Of Dartmouth College v. Woodward
...; they, the said proprietors, have promised large tracts of land, for the uses aforesaid, ...6. Under this definition, says Mr. Powell, it is obvious, that every ... laid down, that a contract is either executory or executed; by the former, a party binds himself ...
511 U.S. 531 (1994), 92-1370, BFP v. Resolution Trust Corporation.
... presumes market conditions that, by definition, do not obtain in the forced-sale context, since ... scope of the trustee's power to reject executory contracts. See 11 U.S.C. § 365 (1988 ed. and ..., 278-279 (1940), along with the general promise that the debtor's estate will, effectively, be ...
- Classifying and Clarifying Contracts
- Demystifying Enrichment Without Cause
Modifying or terminating pension plans through Chapter 9 bankruptcies with a focus on California.
...Whether a Pension Plan is an Executory Contract: The Countryman Test D. Rejection as a ...(20) Public employees are promised more in their retirement plans than the ... of such a rejection, and while the definition of an executory contract is ultimately a federal ...
Efficient Copyright Infringement
Copyright infringement is said to be socially costly because it robs owners of due recompense and depresses incentives for creative production. This Article contends that, in order to achieve copyright’s goal of maximizing cultural production, this dominant story of infringement’s costs requires alongside it a counter-story identifying the rare but important instances where copyright infringement
You're asking the wrong question - the effect of a licensor's rejection on the trademark license.
... or bankruptcy trustee to reject executory contracts in order to reach economic viability. ...(53) First, it amended the definitional section, adding the term "intellectual property" ... essence of trademark license equates to promise not to sue for infringement), and Laura Jelinek, ...
- Business Reorganizations under Chapter 11
The persistence of system in property law.
... and post-Realist approaches to asset definition, trespass and nuisance, and the standardization ...1984) (stating that "if executory interests and remainders are pretty much the same ... conveyance, personal and real property, promise and covenant."). . (64) See Merrill & Smith, ...
- Operating the Estate
879 F.3d 389 (1st Cir. 2018), 16-9016, In re Tempnology, LLC
... reject" any executory contract of the debtor, meaning. that the ... decision to leave trademarks off the definitional. list of intellectual properties in 11 ... the bankruptcy estate of obligations that promise to. hinder a reorganization." Thinking ...
SHAM on You: Too GOOD TO BE TRUE.
... to the lack of a concrete sham definition. Section II.B.2 therefore crafts a precise, but ... two-sided consideration as Charlie promises to perform the services and Harry promises to ... with the lease, is considered an executory contract for conveyance of real property."). A ...
- Oil in the Family': Obtaining the Requisite Consent to Conduct Operations on Co-owned Land or Mineral Servitudes
Consent to Retaliation: A Civil Recourse Theory of Contractual Liability
In the ancient Near East, contracts were often solemnized by hacking up a goat. The ritual was an enacted penalty clause: "If I breach this contract, let it be done to me as we are doing to the goat." This Article argues that we are not so far removed from our goat-hacking forbearers. Legal scholars have argued that contractual liability is best explained by the morality of promise...
703 F.2d 1339 (9th Cir. 1983), 80-5890, In re Cochise College Park
... sale contracts, in each of which Cochise promised to transfer a warranty deed to a particular real ... the contracts of the class members were executory, depending upon when the payments had been ... land sale contract did not, and by definition could not, consist solely of the promissory note. ...
... avoiding recourse to doubtful notions of promise or contract. The second, a "thick" account of ...." (71) Fourth, despite the promissory, executory nature of the political obligation assumed by a ... getting anywhere near the complex definitional and taxonomic questions that swim into view when ...
THE BANKRUPTCY PARTITION.
...(76) The senior creditor's promise of money to the CEO may make the judge suspect ... prepetition creditors where there is an executory contract between the debtor and the creditor. ... the Pareto frontier--a place where, by definition, all mutually beneficial transactions that can be ...