IN THE UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

www.flsb.uscourts.gov

In re: Chapter 11 Cases

LIBERTY POWER HOLDINGS, LLC, Case No. 21-13797-SMG

LPT, LLC, Case No. 21-15537-SMG

LIBERTY POWER MARYLAND, LLC, Case No. 21-15539-SMG

LIBERTY POWER DISTRICT OF COLUMBIA, LLC, Case No. 21-15540-SMG

Debtors. (Jointly Administered under

 / Case No. 21-13797-SMG)

SUPPLEMENTAL CERTIFICATE OF SERVICE

I, Serina Tran, depose and say that I am employed by Stretto, the claims and noticing agent 

for the Debtors in the above-captioned cases.

On November 1, 2021, at my direction and under my supervision, employees of Stretto 

caused the following document to be served via first-class mail on three (3) confidential parties 

not listed herein, pursuant to USPS forwarding instructions:

• Notice of Debtors’ Intent to Assume and Assign Certain Executory Contracts and 

Setting Forth the Cure Amounts (attached hereto as Exhibit A)

Dated: November 5, 2021 /s/ Serina Tran 

 Serina Tran

 STRETTO

 410 Exchange, Suite 100

 Irvine, CA 92602

 Telephone: 800-634-7734

 Email: Serina.Tran@stretto.com

Case 21-13797-SMG Doc 443 Filed 11/05/21 Page 1 of 5
Exhibit A 

Case 21-13797-SMG Doc 443 Filed 11/05/21 Page 2 of 5
UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION 

www.flsb.uscourts.gov 

In re: Chapter 11 Cases 

LIBERTY POWER HOLDINGS, LLC, Case No. 21-13797-SMG 

LPT, LLC, Case No. 21-15537-SMG 

LIBERTY POWER MARYLAND, LLC, Case No. 21-15539-SMG 

LIBERTY POWER DISTRICT OF Case No. 21-15540-SMG 

 COLUMBIA, LLC, 

Debtors. (Jointly administered 21-13797-SMG) 

__________________________________/ 

NOTICE OF DEBTORS’ INTENT TO ASSUME AND ASSIGN CERTAIN 

EXECUTORY CONTRACTS AND SETTING FORTH THE CURE AMOUNTS 

PLEASE TAKE NOTICE OF THE FOLLOWING: 

1. On September 14, 2021, the Court entered the Sale Order1 approving (i) the sale of the 

substantially all of the assets (the “Assets”) of Liberty Power Holdings, LLC (the “Lead Debtor”) and the 

other above captioned debtors (such other debtors the “Subsidiary Debtors” and together with the Lead 

Debtor, the “Debtors”) to NRG Retail, LLC and/or its affiliates (the “Buyer”) free and clear of liens, 

claims, encumbrances and interests; (ii) the assumption and assignment to the Buyer of executory 

contracts and unexpired leases between the Debtors and the counterparties thereto, and (iii) certain related 

relief.

2. One or more of the Debtors are a party to various executory contracts and unexpired leases 

(collectively, the “Contracts”) and, pursuant to the Sale Order, the Debtors may assume and/or assign 

certain of such Contracts to the Buyer (collectively, the “Assumed Agreements”). 

3. You have been identified as a counterparty to an Assumed Agreement. The Assumed 

Agreement with respect to which you have been identified as a counterparty, and the corresponding 

proposed cure amount (the “Cure Amount”), are set forth on Schedule 1 annexed hereto. 

4. The Debtors believe that any and all defaults (other than the filing of these chapter 11 cases) 

and actual pecuniary losses under the Assumed Agreement can be cured by the payment of the Cure 

Amount referred to on Schedule 1 hereto. 

5. The assumption and assignment of any Assumed Agreement shall result in the full release 

and satisfaction of any claims or defaults relating to the Assumed Agreement that you have or may have 

against the Debtors, whether monetary or non-monetary. 

6. Objections, if any, to the Cure Amount or the assumption and/or assignment of an Assumed 

Agreement for any other reason (the “Cure Amount Objection”) must: (i) be in writing, (ii) comply 

with the Bankruptcy Rules and the Local Rules, (iii) be filed with the Bankruptcy Court on or before on 

1

 All capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Sale Order. 

Case 21-13797-SMG Doc 443 Filed 11/05/21 Page 3 of 5
fourteen (14) calendar days from the date of this Cure Notice (the “Cure Objection Deadline”) and 

(iv) served upon (i) the Debtors, c/o Bob Butler (email: bbutler@thinkbrg.com); (ii) the attorneys for 

the Debtors, Genovese Joblove & Battista, P.A., c/o Paul J. Battista, Esq. (email: pbattista@gjblaw.com) and Mariaelena Gayo-Guitian, Esq. (email: mguitian@gjb-law.com); (iii) the attorneys for BETM, 

c/o Eversheds Sutherland (US) LLP, c/o David T. McIndoe, Esq. (email: davidmcindoe@evershedssutherland.com), and Berger Singerman LLP, c/o Jordi Guso, Esq. (email: jguso@bergersingerman.com), 

and (iv) counsel to any official committee of unsecured creditors appointed in these Chapter 11 cases 

(collectively, the “Notice Parties”), in each case, so as to be actually received on the same day. 

7. If any counterparty to an Assumed Agreement fails to timely file a Cure Amount Objection 

by the Cure Objection Deadline, then such party shall (i) be forever barred from objecting to the Cure 

Amount and from asserting any additional cure or other amounts due with respect to such Assumed 

Agreement(s), and the Debtors shall be entitled to rely solely upon the Cure Amount; and (ii) be deemed 

to have consented to the assumption and assignment of such Assumed Agreements and shall be forever 

barred and estopped from asserting or claiming against the Debtors, the Buyer or any other assignee of 

the relevant Assumed Agreements that any additional amounts are due or defaults exist, thereunder, or 

conditions to assumption and assignment must be satisfied under such Assumed Agreements. 

8. Where a counterparty to an Assumed Agreement files a timely Cure Amount Objection, 

the Cure Amount Objection must set forth (i) the basis for the objection, and (ii) the amount the party 

asserts as the Cure Amount. After receipt of the Cure Amount Objection, the Debtors will attempt to 

reconcile any differences in the Cure Amount believed by the non-debtor party to exist. In the event, 

however, that the Debtors and the non-debtor party are unable to consensually resolve the Cure Amount 

Objection, then the Debtors will segregate any disputed Cure Amount pending the resolution of any 

such disputes by this Court or mutual agreement of the parties. 

9. If no Cure Amount is due under the Assumed Agreement, or the counterparty to such 

Assumed Agreement does not otherwise object to the assumption and assignment of such Assumed 

Agreement, then no further action needs to be taken on the part of that counterparty. 

10. The Debtors’ decision to assume and assign the Assumed Agreement is subject to 

Bankruptcy Court approval and consummation of the Sale. Absent consummation of the Sale, each 

Assumed Agreement may not be deemed assumed and assigned and shall in all respects be subject to 

further administration under the Bankruptcy Code. The designation of any agreement as an Assumed 

Agreement shall not constitute or be deemed to be a determination or admission by the Debtors that such 

document is, in fact, an executory contract or unexpired lease within the meaning of the Bankruptcy Code 

(all rights with respect thereto being expressly reserved). 

Case 21-13797-SMG Doc 443 Filed 11/05/21 Page 4 of 5
Schedule 1 

Name of Contract Cure Costs 

1. Retail Customer Contract $0 

Case 21-13797-SMG Doc 443 Filed 11/05/21 Page 5 of 5