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Case 16-42529 Doc 108 Filed 04/14/16 Entered 04/14/16 17:28:56 Main Document <br />Pg 50 of 70 <br />a motion seeking expedited relief and a hearing on the earliest court date available for purposes <br />of assuming such lease and assigning it to such prospective assignee and (iv) cure any defaults <br />that have occurred and are continuing under such lease unless the Borrower and the DIP Agent <br />agree that any such cure obligation is overly burdensome on the cash position of the Debtor Loan <br />Parties with such agreement not to be unreasonably withheld; provided, that this Paragraph 18(c) <br />shall not apply to Real Property Leases that are rejected on the effective date of an Acceptable <br />Reorganization Plan (as defined in the DIP Credit Agreement). For the avoidance of doubt, it is <br />understood and agreed that on or prior to the 30th day prior to the Automatic Rejection Date (as <br />defined in the DIP Credit Agreement), the Debtor Loan Parties shall have delivered (and hereby <br />agree to deliver) written notice to the DIP Agent of each outstanding Real Property Lease that <br />they intend to reject (including, without limitation, through automatic rejection on the Automatic <br />Rejection Date, to the extent applicable) from and after the date of such notice (or, if applicable, <br />notice that the Debtor Loan Parties will seek to extend the Automatic Rejection Date as provided <br />in section 365(d)(4) of the Bankruptcy Code); provided, that if the Debtor Loan Parties fail to <br />deliver any such notice to the DIP Agent prior to such date with respect to any such Real <br />Property Lease (or a notice indicating that no such Real Property Leases shall be rejected), the <br />Debtor Loan Parties shall be deemed, for all purposes hereunder, to have delivered notice, to the <br />DIP Agent as of such date that they intend to reject all outstanding Real Property Leases. <br />(d) Assumption Orders. Any order of this Court approving the assumption of <br />any Real Property Lease shall specifically provide that the applicable Debtor Loan Party shall be <br />authorized to assign such Real Property Lease pursuant to, and to enjoy the protections of, <br />section 365(f) of the Bankruptcy Code subsequent to the date of such assumption. <br />50 <br />