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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
Fields
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 />Pg3of6 <br />for which the deadline for the Debtors to assume or reject such Unexpired Leases shall be <br />December 8, 2016. Furthermore, as part of this designation, the objection deadline for <br />the counterparties to each of the Unexpired Leases included on Exhibit A shall also be extended <br />to November 28, 2016. A hearing on the assumption or rejection of any Extended Deadline <br />Lease shall be held at the December 14, 2016 omnibus hearing, unless otherwise extended by <br />mutual consent of the parties. The Debtors shall file supplemental notices of hearing as <br />necessary <br />Importantly, the Debtors and the counterparties identified on Exhibit A <br />have negotiated an extension for all leases between them at this time, whether known or <br />unknown. As the Debtors continue their reconciliation of their unexpired leases with the <br />respective counterparties, for every unexpired lease of nonresidential real property between the <br />Debtors and the respective counterparties, the Lease Election Deadline is extended to <br />December 8, 2016, even with respect to such leases which are not specifically identified on <br />Exhibit A hereto or on either the Assumed Leases Schedule or the Rejected Leases Schedule <br />attached to the Motion. Accordingly, no lease with any counterparty identified on Exhibit A or <br />otherwise shall be assumed or rejected until the Court enters an order approving such <br />assumption or rejection, and no such lease shall be deemed automatically rejected pursuant to <br />section 365(d)(4) of the Bankruptcy Code. Furthermore, no counterparty listed on Exhibit A <br />shall at a later time assert any such leases between themselves and the Debtors is deemed <br />rejected pursuant to section 365(d)(4). <br />6. The Debtors further expressly reserve their rights to continue negotiating <br />extensions of the Lease Election Deadline with the individual counterparties included on <br />Exhibit A in accordance with section 365(d)(4)(B)(ii) of the Bankruptcy Code. <br />NAI -1502243107v 1 -3- <br />
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