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Case 16-42529 Doc 1478 Filed 10/24/16 Entered 10/24/16 20:24:17 Main Document <br />Pg 7 of 99 <br />Motion (the "Assumption/Rejection Date").' In addition, pursuant to section 365(b)(1)(A) of the <br />Bankruptcy Code, the Debtors propose to cure any and all defaults under the Assumed Leases <br />through the cash payment to the applicable lessor of the amount identified on Exhibit A for each <br />Assumed Lease (each, a "Cure Amount"), as required by section 365(b) of the Bankruptcy <br />Code.7 The Debtors further request that, upon payment of the Cure Amounts, the counterparties <br />to the Assumed Leases shall be forever barred and enjoined from asserting against the Debtors <br />(or any subsequent assignees of any of the Assumed Leases) any claims for cure costs under <br />section 365 of the Bankruptcy Code other than the Cure Amounts or such other amount as may <br />be agreed by the parties, consistent with the terms of any Order granting this Motion. <br />17. The Debtors have determined, in their business judgment based on the <br />information currently available, that the assumption of the Assumed Leases is appropriate and <br />represents the best available means of preserving and maximizing the value of their chapter 11 <br />estates. The premises subject to the Assumed Leases are necessary to the Debtors' current <br />business operations and are projected to be necessary to the Debtors' future operations and <br />restructuring. In particular, the Debtors believe that of the Assumed Leases are valuable and will <br />Each Assumed Lease includes any modifications, amendments, addenda or supplements thereto or <br />restatements thereof as of the Assumption/Rejection Date. Notwithstanding the foregoing, the Assumed <br />Leases shall not include any (a) payment agreements, (b) royalty agreements, including independent <br />overriding royalty agreements, (c) assignment and assumption agreements, (d) purchase and other <br />acquisition agreements, (e) sale agreements or (i) purchase option agreements, none of which are leases of <br />nonresidential real property within the meaning of section 365(d)(4) of the Bankruptcy Code; provided that <br />the Debtors reserve their rights to assume or reject any of the foregoing as may be permitted by section 365 <br />of the Bankruptcy Code. <br />For each Assumed Lease, the Assumed Leases Schedule includes: (a) the name(s) of the lessor or lessors <br />for the Assumed Lease; (b) the name(s) of the Debtor(s) that is/are party to the Assumed Lease; <br />(c) the proposed Cure Amount to be paid in connection with the assumption of such Lease; and (d) to the <br />extent such information is reasonably available to the Debtors, (i) the location of the leased property, <br />(ii) the date of execution of the Assumed Lease and (iii) a brief description of the Assumed Lease. <br />The Assumed Leases Schedule also prominently indicates that the effective date of assumption for all of <br />the Assumed Leases set forth therein is the Assumption/Rejection Date. The terms of the Assumed Leases <br />included in Assumed Leases Schedule are provided for convenience only and are not intended to modify, or <br />to represent the Debtors' interpretation of, the terms of any Assumed Lease. <br />NAI -1502082594x7 <br />