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West Electronics is the first appeal case that establishes the „hypothetical test“ for the acceptance of a binding contract pursuant to Section 365(c). Following the „hypothetical test“ of acceptance of a contract of performance, regardless of a debtor`s actual intention to assign an enforceable contract, the court must consider whether the „applicable law“ would require the agreement of the non-liable party if the DIP „hypothetically“ attempts to assign the contract. „In other words, if a contract could not be assigned under existing non-insolvency law, it cannot be accepted or assigned by the trustee [or the DIP].“ Cinicola v. Scharffenberger, 248 F.3d to 121. .