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2016-11-02_GENERAL DOCUMENTS - C1992081
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2016-11-02_GENERAL DOCUMENTS - C1992081
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Last modified
11/10/2016 1:13:58 PM
Creation date
11/10/2016 10:32:04 AM
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Template:
DRMS Permit Index
Permit No
C1992081
IBM Index Class Name
General Documents
Doc Date
11/2/2016
Doc Name
Fifth Omnibus Motion of the Debtors for an Order
From
United States Bankruptcy Court Eastern Disctrict of Missouri Eastern Division
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DRMS
Permit Index Doc Type
General Correspondence
Email Name
DIH
JRS
JHB
Media Type
D
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No
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Case 16-42529 Doc 1478 Filed 10/24/16 Entered 10/24/16 20:24:17 Main Document <br />Pg 92 of 99 <br />a "Potentially Assumed Lease"). Pursuant to the Motion, the Debtors seek to assume the <br />Potentially Assumed Lease(s) listed on Schedule 1, pursuant to section 365 of the Bankruptcy <br />Code. The Debtors have identified on the attached Schedule 1 the amounts that the Debtors <br />believe must be paid to cure all prepetition defaults under the Potentially Assumed Lease(s) as <br />and to the extent required by section 365(b)(1) of the Bankruptcy Code (in each instance, <br />the "Cure Amount"). <br />3. A hearing on the Motion (the "Hearing") before the Honorable Barry S. <br />Schermer, United States Bankruptcy Judge, is scheduled for 10:00 a.m. (Central Time) on <br />November 17, 2016, at the United States Courthouse, Thomas F. Eagleton Federal Building, <br />Fifth Floor, North Courtroom, I 1 I South IOth Street, St. Louis, Missouri 63102. The Hearing <br />may be adjourned from time to time, without further notice to creditors or parties in interest other <br />than by announcement of the adjournment in open court on the date scheduled for the Hearing or <br />by the filing of a notice of adjournment with the Bankruptcy Court prior to the commencement <br />of the Hearing (which may be included in a hearing agenda letter). <br />4. If you do not want the Court to grant the relief requested in the Motion, <br />or if you want the Court to consider your views on the relief requested therein, then, by <br />November 10, 2016, you or your attorney must file a response with the Bankruptcy Court and <br />serve such response on the undersigned in accordance with the Order Establishing Certain <br />Notice, Case Management and Administrative Procedures, dated April 15, 2016 [Docket <br />No. 114] (the "Case Management Order"), which is available free of charge at <br />www.kccllc.net/peabody. A failure to timely file a response may result in the Court granting <br />the relief requested prior to the hearing date. <br />5. If you disagree with the proposed Cure Amount, by November 10, 2016 <br />you or your attorney must file an objection (a "Cure Objection") with the Bankruptcy Court and <br />serve such Cure Objection on the undersigned. Unless the parties agree otherwise, the hearing <br />on the Cure Objection will be adjourned until the December 14, 2016 omnibus hearing date, <br />which will be held at 10:00 a.m. (Central Time) at the United States Courthouse, Thomas F. <br />Eagleton Federal Building, Fifth Floor, North Courtroom, 111 South 10th Street, St. Louis, <br />Missouri 63102. Prior to the hearing on the Cure Objection, the parties shall confer in an <br />attempt to resolve the Cure Objection. <br />6. If you agree with the Cure Amount(s) indicated on Schedule 1, and <br />otherwise do not object to the Debtors' assumption of your lease(s), you need not take any <br />further action. <br />7. The Debtors' decision to assume the Potentially Assumed Lease(s) is <br />subject to Bankruptcy Court approval. Accordingly, the Debtors shall be deemed to have <br />assumed the Potentially Assumed Lease(s) only as of the date of, and effective and conditioned <br />upon, the entry of an Order granting the Motion. <br />NAI -1502082594v7 2 <br />
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