Legal Opinion
In Re Exide Technologies
Court of Appeals for the Third Circuit
Decided June 24, 2010No. 08-1872PublishedCited by 51 opinions
1Opinion of the Court
OPINION
ROTH, Circuit Judge:
This case presents the question whether the parties’ Agreement is an executory contract. EnerSys Delaware, Inc., appeals the judgment of the District Court, which affirmed the Bankruptcy Court’s order that the Agreement was an executory contract, subject to rejection under 11 U.S.C. § 365(a), and that Exide Technologies could reject it. We conclude, however, that EnerSys has substantially performed the Agreement. As a result, EnerSys does not have any unperformed material obligations that would excuse Exide from performance. We hold, therefore, that the Agreement is…
2Cases cited11 opinions
- Lipsky v. Commonwealth United Corp.Court of Appeals for the Second Circuit · 1976
- Merrill Lynch & Co. Inc. v. Allegheny Energy, Inc.Court of Appeals for the Second Circuit · 2007
- Nicholas v. United StatesSupreme Court of the United States · 1966
- Sharon Steel Corporation v. National Fuel Gas Distribution Corporation, Intervenor: James W. Toren, TrusteeCourt of Appeals for the Third Circuit · 1989
- In Re Columbia Gas System Inc.Court of Appeals for the Third Circuit · 1995
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3Cited by51 opinions
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- Lewis Brothers Bakeries Inc. v. Interstate Brands Corp. (In Re Interstate Bakeries Corp.)Court of Appeals for the Eighth Circuit · 2014
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