Discuss the importance of clear and specific contract terms in determining materiality of a breach. How do conditions precedent and subsequent affect the executory nature of a contract?

adj. something not yet performed or done. Examples: an executory contract is one in which all or part of the required performance has not been done; an ... Contracts to buy or sell a non-financial item that can be settled net in cash or another financial instrument or by exchanging financial instruments, Jul 1, 2018 ... ON EXECUTORY CONTRACTS AND LEASES, ABI COMMISSION TO. STUDY THE REFORM OF CHAPTER 11: EXECUTIVE SUMMARY REGARDING SECTION 365 ISSUES 1. (2013) [ ... Jun 22, 2004 ... The treatment of those contracts which are “executory” is set forth ... executory contract or unexpired lease at any time prior to the ... May 19, 2009 ... Rules Governing Executory Contracts and Unexpired Leases. – What is an executory contract? • No statutory definition. • Generally, any ... Whether the operating agreement is executory will determine the extent to which a debtor in possession, a bankruptcy trustee, or a third party succeeds to ... A general receiver may assume or reject any executory contract or unexpired lease of the person over whose property the receiver is appointed. Days later, Svenhard's commenced a chapter 11 case and did not list the settlement agreement as an executory contract on its schedules. The pension fund filed a ... Oct 1, 2012 ... Under the Bankruptcy Code, debtors and bankruptcy trustees are authorized to assume or reject executory contracts (and unexpired leases) in ... 'Fully Executed Contract' vs. 'Executory Contract'. Contracting professionals make a distinction between 'fully executed contracts' and “executory contracts.