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Case 16-42529 Doc 149 Filed 04115116 Entered 04/15/16 16:16:59 Main Document <br />Pg 50 of 71 <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 />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 />50 <br />