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The Need for Careful Diligence in Drafting License Agreements Reinforced By Eighth Circuit Affirmation That a Perpetual, Royalty-Free Trademark License is an “Executory Contract”

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One of the most powerful tools a chapter 11 debtor has is the ability to assume or reject executory contracts under section 365 of the Bankruptcy Code.  In bankruptcy parlance, when a debtor “rejects” an executory contract, it is considered as though the debtor breached the agreement as of the date it filed for bankruptcy… Continue Reading