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Case 16-42529 Doc 1478 Filed 10/24/16 Entered 10/24/16 20:24:17 Main Document <br />Pg 13 of 99 <br />Lease counterparties and to reduce costs to the Debtors' estates, in lieu of serving the Rejected <br />Leases Schedule on each counterparty, the Debtors are serving each counterparty to a Rejected <br />Lease with (a) a copy of this Motion (excluding the exhibits) and (b) an individualized Notice of <br />Potential Rejection of Unexpired Leases, substantially in the form attached hereto as Exhibit D <br />(the "Rejection Notice"), setting forth the information contained in the Rejected Leases Schedule <br />with respect to such counterparty's Rejected Lease(s). <br />The Extended Deadline Leases <br />27. As set forth above, section 365(d)(4) of the Bankruptcy Code limits the Debtors to <br />one initial 90 -day extension of the statutory 120 -day deadline to determine whether to assume or <br />reject the Leases. Under the Bankruptcy Code and the Extension Order, however, such deadline <br />may be further extended by agreement between the Debtors and any applicable lessor. <br />See 11 U.S.C. § 365(d)(4)(B)(ii) (allowing extensions beyond the 90 -day extension period "upon <br />prior written consent of the lessor in each instance"); Extension Order, at ¶ 2 (providing that the <br />deadline for the Debtors to assume or reject the Leases is extended through the current Lease <br />Election Deadline "or such later date as may be agreed in writing between the Debtors and any <br />applicable lessor"). <br />28. Although at this time the Debtors have not negotiated any further extension of the <br />Lease Election Deadline, they expressly reserve their right to do so at any time prior thereto as <br />well as prior to any future extended deadline the Debtors may negotiate with any such lessor(s) <br />(such Leases, if any, the "Extended Deadline Leases") <br />Relief Requested <br />29. Pursuant to sections 105 and 365 of the Bankruptcy Code and Bankruptcy <br />Rule 6006, the Debtors request the entry of an order, substantially in the form submitted to the <br />Court, authorizing them to assume the Assumed Leases and reject the Rejected Leases. <br />NAI -1 5 020825 94v7 13 <br />