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2016-11-02_GENERAL DOCUMENTS - C1992081
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2016-11-02_GENERAL DOCUMENTS - C1992081
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Last modified
11/10/2016 1:13:58 PM
Creation date
11/10/2016 10:32:04 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1992081
IBM Index Class Name
General Documents
Doc Date
11/2/2016
Doc Name
Fifth Omnibus Motion of the Debtors for an Order
From
United States Bankruptcy Court Eastern Disctrict of Missouri Eastern Division
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
DIH
JRS
JHB
Media Type
D
Archive
No
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Case 16-42529 Doc 1478 Filed 10/24/16 Entered 10/24/16 20:24:17 Main Document <br />Pg 10 of 99 <br />to reduce costs to the Debtors' estates, in lieu of serving the Assumed Leases Schedule on each <br />counterparty, the Debtors are serving each counterparty to an Assumed Lease with (a) a copy of <br />this Motion (excluding the exhibits) and (b) an individualized Notice of (A) Potential <br />Assumption of Unexpired Leases and (B) Cure Amounts, substantially in the form attached <br />hereto as Exhibit C (the "Assumption Notice"), setting forth the information contained in the <br />Assumed Leases Schedule with respect to such counterparty's Assumed Lease(s). <br />Cure Objections <br />22. To the extent any counterparty (any such counterparty, an "ObjectingLessor") essor") to <br />an Assumed Lease files a timely objection to this Motion challenging the proposed Cure Amount <br />(a "Cure Objection") and the parties are not able to reach a resolution prior to the hearing on this <br />Motion (the "Scheduled Hearing"), pursuant to the Case Management Order, � 1 the hearing on the <br />Cure Objection shall be adjourned until the December Hearing, or to such other omnibus hearing <br />date as is mutually agreed upon by the parties, in order to facilitate negotiations between the <br />Debtors and such Objecting Lessor to resolve any such Cure Objection. If the Debtors and any <br />such Objecting Lessor are not able to reach a resolution of the respective Cure Objection prior to <br />the date of such adjourned hearing, the Debtors may file a response to the Cure Objection in <br />accordance with the procedures provided in the Case Management Order. Upon the resolution of <br />any Cure Objection, the corresponding Assumed Lease shall be deemed assumed upon the <br />Assumption/Rejection Date; provided that, if the Court sustains a Cure Objection in whole or in <br />part, the Debtors may elect to reject such lease, effective as of the Assumption/Rejection Date, <br />by amending the Rejected Leases Schedule and providing the lease counterparty with a Rejection <br />t 1 Paragraph 5 of the Case Management Order states, in relevant part: "Notwithstanding the Local Bankruptcy <br />Rules, and unless the Court orders otherwise, the Debtors' counsel may, without further leave of the Court, <br />adjourn any hearing on a Court Filing filed by the Debtors to a subsequent Omnibus Hearing." Case <br />Management Order, at ¶ 5. <br />NAI -1502082594v7 10 <br />
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