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Assumption and Rejection of Midstream Contracts in Bankruptcy | Morgan Lewis


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The ability to assume or reject executory contracts is one of the primary tools used by debtors in a Chapter 11 reorganization. Where a debtor has a contract with a third party that is “executory” meaning that ongoing performance obligations remain for both the debtor and the contract counterparty on the date of the bankruptcy filing the debtor can choose to either assume or reject the contract under 11 USC § 365.
If a debtor chooses to assume the contract, it must cure all defaults under the agreement, and the agreement will “ride through” the bankruptcy unaltered. If the debtor rejects an executory contract, the rejection is treated as a breach by the debtor, and the counterparty to the contract is left with a claim in the bankruptcy for rejection damages caused by the breach. Generally, the standard applied by bankruptcy courts to determine whether rejection of an executory contract should be approved ....

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SpaceX Texas Plans Face Public Scrutiny


The SpaceX site in Texas will be supplied by at least five nearby gas wells, along with two gas-fired power plants, according to an FAA document.
(Bloomberg) Elon Musk became the richest man in the world thanks to enthusiasm for Tesla Inc.’s sleek electric cars and the company’s stratospheric stock price. But while Musk is perhaps the most well known clean energy CEO, SpaceX, his other company, is likely to rely on drilling for natural gas to power Starship, the new spacecraft and rocket designed to carry humans to the moon, Mars and beyond.
Musk’s SpaceX aims to use a site in South Texas to launch rockets to carry people and cargo to the moon and Mars. To do that, the company intends to drill gas wells to make its own fuel and electricity, according a Federal Aviation Administration document seen by Bloomberg. ....

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