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Case 16-42529 Doc 1478 Filed 10/24/16 Entered 10/24/16 20:24:17 Main Document <br />Pg 17 of 99 <br />default, (b) compensates or provides adequate assurance of prompt future compensation for any <br />pecuniary losses resulting from such default and (c) provides adequate assurance of the debtor's <br />future performance under such lease. See 11 U.S.C. § 365(b)(1). <br />37. As mentioned above, the Debtors plan to provide all lessors of Assumed Leases <br />with the respective Cure Amounts identified on the Assumed Leases Schedule within 30 days of <br />the date of entry of the Order approving this Motion. Furthermore, the Debtors respectfully <br />submit that there is adequate assurance of future performance under the Assumed Leases, given <br />the Debtors' history of substantial performance under the Assumed Leases both pre- and <br />postpetition. Moreover, the Debtors have determined that the Assumed Leases are necessary to <br />their ongoing business operations and are beneficial to the process for the resolution of these <br />chapter 11 cases. As such, the Debtors' continued performance under the Assumed Leases is <br />contemplated in the Debtors' business plan moving forward. <br />Request for Limited Access to Fulfill Reclamation and Other <br />Environmental Compliance Obligations on Certain Premises Related to Reiected Leases <br />38. Under applicable law — including the Surface Mining Control and Reclamation <br />Act, 30 U.S.C. §§ 1201, et seq. ("SMCRA"), its state analogues and related regulations — the <br />Debtors may be required to undertake reclamation and other environmental compliance activities <br />on properties formerly mined by the Debtors. Any failure by the Debtors to timely complete <br />reclamation and other environmental compliance obligations could expose the Debtors to <br />potentially severe penalties, including the loss of, or the inability to obtain or renew, state <br />permits and licenses necessary to the Debtors' continuing operations. See, e.g., Wyo. Stat. Ann. <br />§ 30-2-311(a) (West 2003) (providing for the revocation or suspension of certificates and permits <br />for an operator's failure to comply with relevant environmental statutes and/or rules, including <br />reclamation obligations); Ind. Code Ann. § 14-36-1-31(a) (West 2016) (same); 225 111. Comp. <br />NAI -1502082594v7 17 <br />