Post-Petition Application Of UCC 2-609

Law360, New York (October 2, 2009, 12:42 PM EDT) -- As the automotive industry continues to restructure, whether through self-liquidation or government intervention, suppliers will inevitably be confronted with many of the same issues prevalent 4-5 years ago, including a supplier’s obligation to continue to provide goods post-petition and the supplier’s rights to adequate assurance as a condition to such shipment.

Often, certain factors will lead a seller to believe that a buyer is experiencing financial difficulties which may result in the buyer’s inability to provide payment for goods, or otherwise render it unable to perform...
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