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Case 16-42529 Doc 1566 Filed 11/10/16 Entered 11/10/16 17:01:58 Main Document <br />Pg 2 of 6 <br />2. In the Motion, pursuant to section 365(d)(4)(13)(11) of the Bankruptcy <br />Code, the Debtors expressly reserved their rights to redesignate any Unexpired Leases by <br />removing such Unexpired Leases from the Assumed Leases Schedule or the Rejected Leases <br />Schedule, as applicable, and identifying such Unexpired Leases as Extended Deadline Leases, <br />at any time prior to the Hearing Date, thus indicating that the deadline for the Debtors to assume <br />or reject such Unexpired Leases has been extended by agreement with the applicable <br />counterparty or counterparties See Motion, at ¶ 28. <br />Accordingly, on November 9, 2016, the Debtors filed their Notice of <br />(I) Certain Amendments to Schedules to Fifth Omnibus Motion and (II) Redesignation of <br />Certain Unexpired Leases of Nonresidential Real Property as Extended Deadline Leases <br />[Docket No. 1545] (the "First Notice"), which, among other things, identified several leases <br />with counterparties with whom the Debtors have consensually negotiated an extension of the <br />Lease Election Deadline as well as the deadline for the counterparties to object thereto. <br />See First Notice, at ¶ 5. While in the process of preparing and filing the First Notice, however, <br />the Debtors continued negotiating with other counterparties to the Unexpired Leases in an effort <br />to reach consensual, written consent to extend these deadlines prior to the expiration of the <br />Lease Election Deadline as well.2 <br />4. In accordance with paragraph 28 of the Motion, the Debtors hereby <br />redesignate the Unexpired Leases identified on Exhibit A hereto as Extended Deadline Leases <br />Although the Debtors file this Notice after the expiration of the Lease Election Deadline, the Debtors and <br />the counterparties listed on Exhibit A, below, reached a consensual, written extension prior thereto, <br />as required by the Extension Order and the Bankruptcy Code. See Extension Order,¶ 2 (provided that the <br />deadline for the Debtors to assume or reject the Unexpired Leases is extended through November 9, 2016, <br />"or such later date as may be agreed in writing between the Debtors and any applicable lessor"), 11 U.S.0 <br />§ 365(d)(4)(B)(ii) ("If the court grants an extension under clause (i), the court may grant a subsequent <br />extension only upon prior written consent of the lessor in each Instance."). <br />NAI -1502243107v1 -2- <br />