The receiver shall assume or reject an executory contract, including an unexpired lease of real or personal property, within 60 days after appointment, but the receivership court may for cause shown extend or reduce the time. Any such contract or lease not assumed or rejected within that time shall be deemed to be rejected. The receiver shall file within 60 days of his appointment, a statement under oath showing which, if any, of the contracts of the bank are executory in whole or in part, including unexpired leases of real or personal property, and which, if any, have been rejected by the receiver. Unless a lease of real or personal property expressly otherwise provides, a rejection of the lease or of any covenant therein by the receiver of the lessor does not deprive the lessee of his estate. A general covenant or condition in a lease that it shall not be assigned shall not be construed to prevent the receiver from assuming the same at his election and subsequently assigning the same; but an express covenant that an assignment by operation of law or the liquidation of a specified party thereto, or of either party shall terminate the lease or give the other party an election to terminate the same is enforceable. A receiver who elects to assume a contract or lease of the bank and who subsequently with approval of the receivership court and upon such terms and conditions as the receivership court may fix after hearing upon notice to the other party to the contract or lease, assigns such contract or lease to a third person, is not liable for breaches occurring after the assignment.
Structure Code of Alabama
Title 5 - Banks and Financial Institutions.
Chapter 8A - Liquidation of Banks.
Section 5-8A-21 - Liquidation of Bank by Superintendent Without Assent of Banking Board.
Section 5-8A-22 - Institution of Civil Action for Vacation of Charter, Liquidation, etc., of Bank.
Section 5-8A-24 - Appointment of Receiver to Liquidate Bank.
Section 5-8A-25 - Passage of Title to Assets, etc., of Banking Institution to Receiver.
Section 5-8A-26 - Use of Bank Examiner's Reports as Evidence in Liquidation Proceedings, Etc.
Section 5-8A-28 - Creation of Liens Against Bank After Possession by Superintendent.
Section 5-8A-29 - Resumption of Business of Bank.
Section 5-8A-30 - Collection of Claims of Bank, Etc.
Section 5-8A-31 - Subrogation of Federal Deposit Insurance Corporation.
Section 5-8A-32 - Sale, etc., of Bad Debts and Property of Bank.
Section 5-8A-33 - Negotiation of Loans, Granting of Security, etc., on Behalf of Closed Bank.
Section 5-8A-34 - Loans From and Sale of Assets to Federal Deposit Insurance Corporation for Bank.
Section 5-8A-35 - Assumption or Rejection of Executory Contracts by Receiver.
Section 5-8A-37 - Payment of Compensation.
Section 5-8A-38 - Deposit of Funds Collected by Receiver.
Section 5-8A-39 - Notice for and Filing of Claims Against Bank.
Section 5-8A-40 - Preferred Claims.
Section 5-8A-41 - Inventory of Assets of Bank; Filing List of Claims.
Section 5-8A-42 - Objections to Claims; Unproven or Unclaimed Deposits.
Section 5-8A-43 - Rejection of Claims.
Section 5-8A-44 - Actions Upon Rejected Claims; Late Claims.
Section 5-8A-45 - Payment of Dividends to Creditors.
Section 5-8A-46 - Final Distribution, Termination of Receivership and Dissolution of Bank.