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Case 16-42529 Doc 1639 Filed 11/18/16 Entered 11/18/16 10:59:43 Main Document <br />Pg 4 of 69 <br />Post -Objection Defaults), that conditions to assignment must be satisfied under such Assumed <br />Lease or that there is any objection or defense to the assumption of such Assumed Lease. <br />6. The Debtors are authorized to reject the Rejected Leases identified on the <br />attached Exhibit B (the "Rejected Leases Schedule"), attached hereto,3 and the Rejected Leases <br />are deemed rejected, pursuant to section 365 of the Bankruptcy Code, effective as of the <br />Assumption/Rejection Date. <br />7. Notwithstanding the rejection of any Rejected Lease pursuant to this Order, <br />counterparties to the Rejected Leases (and their successors and assigns) shall not deny the <br />Debtors (or their employees, agents or contractors) reasonable access to the premises related to <br />any Rejected Lease for purposes of undertaking such reclamation and other environmental <br />compliance activities as the Debtors are, or may in the future be, required to perform under <br />applicable law; provided that such access shall be limited as set forth in any Access Agreement <br />negotiated by the Debtors and the applicable counterparty (or such counterparty's successors or <br />assigns). The Debtors shall have the right to request further relief from the Court if they are <br />unable to successfully negotiate an Access Agreement with a counterparty to a Rejected Lease <br />(or a successor or assign of such a counterparty) or otherwise are denied reasonable access to the <br />relevant premises to perform any reclamation and other environmental compliance obligations. <br />8. In the event that the Debtors are denied access to any premises related to <br />the Rejected Leases for the purpose of undertaking reclamation and other environmental <br />Each Rejected Lease identified on the Rejected Leases Schedule includes any modifications, amendments, <br />addenda or supplements thereto or restatements thereof. Notwithstanding the foregoing, the Rejected <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 />ME <br />