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Case 16-42529 Doc 1478 Filed 10/24/16 Entered 10/24/16 20:24:17 Main Document <br />Pg 97 of 99 <br />Potentially Rejected Lease(s) listed on Schedule 1, pursuant to section 365 of the Bankruptcy <br />Code and subject to the terms and conditions described in the Motion. <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, 111 South 10th 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 Notice, <br />Case Management and Administrative Procedures, dated April 15, 2016 [Docket No. 1141, <br />which is available free of charge at www.kccllc.net/peabody. A failure to timely file a response <br />may result in the Court granting the relief requested prior to the hearing date. <br />5. If you do not object to the Debtors' rejection of your lease(s) on the terms <br />set forth in the Motion, you need not take any further action, other than as specified in <br />paragraph 6, below. <br />6. Pursuant to the Order Establishing Bar Dates for Filing Proofs of Claim <br />and Approving Form and Manner of Notice Thereof [Docket No. 7711 (the "Bar Date Order), <br />as a lessor party to a Potentially Rejected Lease, you must file a proof of claim for any damages <br />resulting from the rejection of your Potentially Rejected Lease(s) (any such claim, a "Rejection <br />Damages Claim") no later than 11:59 p.m., Central Time, on the date that is 30 days after the <br />date of the entry of an Order approving the Motion (the "Rejection Bar Date") in accordance <br />with the requirements of the Bar Date Order. If you fail to timely and properly file a Rejection <br />Damages Claim by the Rejection Bar Date, you will be forever barred, estopped and enjoined <br />from asserting such Rejection Damages Claim against the Debtors or voting or receiving <br />distributions under any chapter 11 plan in these cases on account of such Rejection Damages <br />Claim. <br />7. The Debtors' decision to reject the Potentially Rejected Lease(s) is subject <br />to Bankruptcy Court approval. Accordingly, the Debtors shall be deemed to have rejected the <br />Potentially Rejected Lease(s) only as of the date of, and effective and conditioned upon, <br />the entry of an Order granting the Motion. <br />8. If the Bankruptcy Court grants the Motion, the Debtors (including their <br />employees, agents and contractors) have retained the right therein to enter your property for the <br />limited purpose of undertaking reclamation and other environmental compliance activities as the <br />Debtors are, or may in the future, be required to perform under applicable law; provided that <br />such access is limited as set forth in any Access Agreement negotiated by yourself (or any of <br />your successors or assigns) and the Debtors. <br />NAI -1502082594v7 2 <br />