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Case 16-42529 Doc 108 Filed 04/14/16 Entered 04/14/16 17:28:56 Main Document <br />Pg 49 of 70 <br />debt as and in accordance with the terms set forth herein. Notwithstanding anything to the <br />contrary herein, the foregoing right of the DIP Agent set forth in this Paragraph 17(b) shall not <br />apply to Real Property Leases that are sold or assigned as contemplated in the Agreed Business <br />Plan (as defined in the DIP Credit Agreement). <br />(c) Special Rights with Respect to Proposed Rejections of Real Property <br />Leases. Unless all DIP Obligations shall have indefeasibly been satisfied in full in cash (and, <br />with respect to outstanding letters of credit issued or deemed issued pursuant to the DIP Credit <br />Agreements, cash collateralized in accordance with the provisions of the DIP Credit <br />Agreements), the Debtor Loan Parties shall not seek, and it shall constitute an Event of Default <br />and terminate the right of the Debtor Loan Parties to use Cash Collateral if any of the Debtor <br />Loan Parties seeks, pursuant to section 365 of the Bankruptcy Code, to reject or otherwise <br />terminate (including, without limitation, as a result of the expiration of the assumption period <br />provided for in section 365(d)(4) of the Bankruptcy Code to the extent applicable, the last day of <br />such period being the "Automatic Rejection Date") (x) a Material Lease (as defined in the DIP <br />Credit Agreement) or (y) during the continuance of an Event of Default under the Credit <br />Agreement, a Real Property Lease, in each case, without first providing 30 days' prior written <br />notice to the DIP Agent (unless such notice provision is waived by the DIP Agent in its sole <br />discretion) during which time the DIP Agent shall be permitted to find an acceptable (in the DIP <br />Agent's good faith and reasonable discretion) replacement lessee (which may include the DIP <br />Agent or its affiliates) to whom such lease may be assigned. If a prospective assignee is not <br />found within such 30 -day notice period, the Debtor Loan Parties may proceed to reject such <br />lease. If such a prospective assignee is timely found, the Debtor Loan Parties shall (i) not seek to <br />reject such lease, (ii) promptly withdraw any previously filed rejection motion, (iii) promptly file <br />49 <br />