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Case 16-42529 Doc 1478 Filed 10/24/16 Entered 10/24/16 20:24:17 Main Document <br />Pg8of99 <br />substantially contribute to the Debtors' ability to effect a viable plan of reorganization. <br />Furthermore, the Debtors expressly reserve the right to sell and assign each Assumed Lease at a <br />future date, pursuant to sections 363 and 365(f) of the Bankruptcy Code, if such a situation may <br />apse. <br />18. Furthermore, the Debtors expressly reserve the right to assign each Assumed <br />Lease at a future date pursuant to sections 365(f) and 1123(b)(2)8 of the Bankruptcy Code.9 <br />As of the date of the filing this Motion, the Debtors have not yet finalized a plan of <br />reorganization; however, the Debtors contemplate such a plan may streamline the Debtors' <br />operations, in part, by effecting an internal corporate restructuring. In the event an entity that is <br />designated for merger or dissolution is a counterparty to one of the Assumed Leases, the Debtors' <br />plan of reorganization will provide for the assignment of such Assumed Lease to one of the <br />reorganized debtors. <br />19. As the Debtors continue to review and evaluate the Leases and move forward <br />with the chapter 11 plan process, the Debtors may determine, in their business judgment, that the <br />assumption of certain of the Leases currently identified on the Rejected Leases Schedule <br />(as defined below) is appropriate and provides the maximum benefit to the Debtors' estates <br />(any such Lease, an "Additional Assumed Lease"). The Debtors reserve the right to amend the <br />Assumed Leases Schedule to, among other things, add Additional Assumed Leases at any time <br />up to and including November 9, 2016 (the "Lease Schedule Modification Deadline"). If the <br />Section 1123(b)(2) of the Bankruptcy Code provides: "[A] plan may ... subject to section 365 of this title, <br />provide for the ... assignment of any executory contract or unexpired lease of the debtor not previously <br />rejected under such section ...." <br />The Debtors believe that they are entitled to assign any of the Leases to the extent that (a) such leases are <br />validly assumed and (b) the requirements for assignment under section 365 of the Bankruptcy Code are <br />satisfied. <br />NAI -1502082594v7 <br />