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Case 16-42529 Doc 1478 Filed 10/24/16 Entered 10/24/16 20:24:17 Main Document <br />Pg5of99 <br />the Motion to Extend and consistent with section 365(d)(4)(B)(1) of the Bankruptcy Code, <br />the Debtors sought an extension of an additional 84 days to determine whether to assume or <br />reject the Leases. <br />10. By an order entered on August 19, 2016 [Docket No. 1117] (the "Extension <br />Order"), the Court extended the Lease Election Deadline through November 9, 2016. <br />The Extension Order further provides that "[a]ny Lease proposed to be assumed or rejected by a <br />Timely Election Motion shall be assumed or rejected only pursuant to an order of the Court <br />granting or denying such Timely Election Motion, and shall not be deemed rejected pursuant to <br />11 U.S.C. § 365(d)(4)(A), regardless of whether the Court enters such an order prior to the <br />expiration of the Assumption/Rejection Period. ,4 <br />Extension Order, at ¶ 3. <br />11. Accordingly, given that this Motion has been filed prior to the current Lease <br />Election Deadline (and thus is a Timely Election Motion under the Extension Order), the Court's <br />entry of an order with respect to this Motion subsequent to the Lease Election Deadline will not <br />cause any Leases to be deemed automatically rejected by operation of section 365(d)(4) of the <br />Bankruptcy Code. <br />12. Pursuant to section 365(d)(4) of the Bankruptcy Code, the Lease Election <br />Deadline may be further extended by order of the Court with the consent of the applicable <br />lessor.5 <br />The Motion to Extend defines the term "Timely Election Motion" as "a motion filed [by the Debtors] on or <br />before the expiration of the Assumption/Rejection Period, as extended by any order of the Court [proposing <br />to assume or reject any Lease]." Motion to Extend, at ¶ 6. <br />Section 365(d)(4)(B)(ii) provides that "[i]f the court grants an extension under clause (i) [of <br />section 365(d)(4)(B) of the Bankruptcy Code], the court may grant a subsequent extension only upon prior <br />written consent of the lessor in each instance." 11 U.S.C. § 365(d)(4)(B)(ii). <br />NAI -1502082594x7 <br />