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2016-11-15_GENERAL DOCUMENTS - C1981044
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2016-11-15_GENERAL DOCUMENTS - C1981044
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Last modified
11/16/2016 9:37:58 AM
Creation date
11/15/2016 10:55:39 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981044
IBM Index Class Name
General Documents
Doc Date
11/15/2016
Doc Name
Second Notice of Redesignation of Certain Unexpired Leases of No Residential Real Property
From
United States Bankruptcy Court Eastern District of Missouri
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
MPB
JRS
TNL
Media Type
D
Archive
No
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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 />
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