Lehman - Internap

Docket 655

Internap and LBI are parties to that certain Internap Network Services
Terms and Conditions of Service dated January 31, 2000 (along with relevant Sales Orders, it is
collectively referred to as the “Internap Services Contract”). A copy of the Internap Services
Contract is attached as Exhibit “A.”
OBJECTION
6. Internap objects to the cure amount on the basis that its cure claim is
$228,634.54.
ARGUMENT
7. Pursuant to sections 365(b)(1) and 365(f)(2) of the Bankruptcy Code, as a
condition of assuming and assigning an executory contract, a chapter 11 debtor must cure any
defaults existing under the contract.
8. As an initial matter, the Debtors’ description of the contract as “Trial” is
vague. Internap assumes that the Debtors are seeking to assume and assign the Internap Services
Contract. Internap, however, requests clarification as to the contract, which the Debtors seek to
assume and assign.
9. Moreover, the amount the Debtors listed as the cure amount for the
Internap Services Contract does not include the amount due on September 1, 2008 of $56,858.77
or the amount due on October 1, 2008 of $56,858.77. When those amounts are added to the
Debtors’ cure amount, the total cure amount is $228,634.54.
10. In connection with its assumption of the Internap Services Contract,
Internap requests that the Court order LBI or Barclays Capital, Inc. to pay Internap $228,634.54
as the cure amount.
11. Internap reserves the right to amend its cure claim to the extent that
charges continue to accrue or to account for adjustments, which may have not been billed or
have not yet become due under the terms of the Internap Services Contract.

contract attached as

Exhibit A