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Case 16-42529 Doc 1639 Filed 11/18/16 Entered 11/18/16 10:59:43 Main Document <br />Pg 2 of 69 <br />herein is an appropriate exercise of the Debtors' business judgment, (f) the proposed assumption <br />of the Assumed Leases satisfies the requirements of section 365(b)(1)(C) of the Bankruptcy <br />Code and (g) the Leases are unexpired leases within the meaning of the Bankruptcy Code and <br />such leases may be assigned by the Debtors following any assumption thereof pursuant to this <br />Order, provided that the requirements of section 365 of the Bankruptcy Code relating to <br />assignment are otherwise satisfied in connection with any such assignment; and the Court having <br />determined that the legal and factual bases set forth in the Motion and at the Hearing establish <br />just cause for the relief granted herein; <br />herein. <br />IT IS HEREBY ORDERED THAT: <br />The Motion is GRANTED in part and ADJOURNED in part as set forth <br />2. Subject to the reservations of rights set forth in the Motion and this Order, <br />the Debtors are authorized to assume the Assumed Leases identified on Exhibit A (the "Assumed <br />Leases Schedule"), attached hereto,2 and the Assumed Leases (including any Additional <br />Assumed Leases) are deemed assumed, pursuant to section 365 of the Bankruptcy Code, <br />effective as of the Assumption/Rejection Date. <br />The Debtors' right to assign any of the Assumed Leases, pursuant to <br />sections 365(f) and 1123(b)(2) of the Bankruptcy Code, is expressly preserved. Accordingly, <br />the Debtors may assign any Assumed Lease in the future notwithstanding any provision of such <br />Each Assumed Lease identified on the Assumed Leases Schedule includes any modifications, amendments, <br />addenda or supplements thereto or restatements thereof. 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 (f) 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 />nothing in this Order shall be construed to impair the Debtors' rights to assume or reject any of the <br />foregoing as may be permitted by section 365 of the Bankruptcy Code. <br />-2- <br />