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Case 16-42529 Doc 1478 Filed 10/24/16 Entered 10/24/16 20:24:17 Main Document <br />Pg 19 of 99 <br />the applicable lease counterparties (any such agreement, an "Access Agreement"). 15 <br />The Debtors reserve their rights to request further relief from the Court in the event that they are <br />unable to successfully negotiate an Access Agreement with a counterparty to a Rejected Lease <br />(or a successor or assign of such a counterparty) and the Debtors are denied reasonable access to <br />the relevant premises to perform any reclamation and/or other environmental compliance <br />obligations. <br />40. The Debtors submit that granting the requested relief, which may be necessary to <br />prevent regulatory disruptions of the Debtors' active mining operations at other locations and <br />preserve the going concern value of the Debtors' business, is consistent with the fundamental <br />purpose of chapter 11, e.g., to promote the rehabilitation of the Debtors and preserve estate value <br />for the benefit of all stakeholders. See In re Trump Entm't Resorts, 810 F.3d 161, 174 <br />(3d Cir. 2016) (stating that "[t]he policy behind Chapter 11 of the Bankruptcy Code is the <br />ultimate rehabilitation of the debtor") (alteration in original; citation and internal quotation marks <br />omitted); id. at 174 n.56 (stating that "the premise of business reorganization is that a company's <br />assets are worth more as a going concern than if sold for scrap") (citing H.R. Rep. No. 95-595, <br />at 220 (1977), as reprinted in 1978 U.S.C.C.A.N. 5963, 6179). <br />41. Finally, the Debtors believe that granting access to premises subject to Rejected <br />Leases for the limited purpose of enabling the Debtors to fulfill any reclamation and other <br />environmental compliance obligations will not prejudice any party and, in fact, will benefit the <br />15 Such limited access to properties subject to rejected leases has been authorized in other large coal cases <br />such as this one. See, e.g., Order (1) Authorizing the Debtors to (A) Reject Certain Unexpired Leases of <br />Nonresidential Real Property and (B) Assume Certain Leases of Nonresidential Real Property, <br />(11) Extending the Deadline to Assume or Reject Certain Unexpired Leases of Nonresidential Real Property <br />and (III) Granting Related Relief at ¶¶ 7-8, Alpha Natural Resources, Inc, No. 15-33896 (KRH) (Bankr. <br />E.D. Va. Apr. 26, 2016) (Docket No. 2239) (authorizing the debtors access to properties subject to rejected <br />leases for the limited purpose of reclamation activities). <br />NAI -1502082594v7 19 <br />