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2016-12-28_GENERAL DOCUMENTS - C1994082
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2016-12-28_GENERAL DOCUMENTS - C1994082
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Last modified
1/4/2017 7:36:03 AM
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1/4/2017 7:29:11 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1994082
IBM Index Class Name
General Documents
Doc Date
12/28/2016
Doc Name
Second Order (1) Authorizing the Debtors to (A) Assume Certain Unexpired Leases of Nonresidential
From
United States Bankruptcy Court
To
DRM
Permit Index Doc Type
General Correspondence
Email Name
MPB
JRS
JDM
Media Type
D
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No
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Case 16-42529 Doc 1792 Filed 12/15/16 Entered 12/15/16 10:00:46 Main Document <br />Pg 6 of 15 <br />negotiated a specific extension date (the "Extended Deadline") with the counterparties thereto. <br />Any Extended Deadline Lease proposed to be assumed or rejected by the Debtors on or prior to <br />the applicable Extended Deadline shall not be deemed rejected under section 365(d)(4) of the <br />Bankruptcy Code irrespective of whether the Court has entered an order granting or denying <br />such motion by the Extended Deadline, and such Extended Deadline Lease shall be assumed or <br />rejected only upon an order of the Court approving such assumption or rejection. <br />11. The Debtors' assumption of the Assumed Leases shall be deemed to <br />include the assumption of all obligations thereunder, including the obligation to post or provide <br />any applicable assurances of payment or performance under the Assumed Leases to the contract <br />counterparties to such Assumed Leases, and nothing in this Order shall be deemed to alter, <br />expand, modify, limit or impair any rights, remedies or defenses of Federal Insurance Company <br />under any bonds that support any Leases that are part of the Assumed Leases. Additionally, <br />nothing in this Order shall be deemed to alter, expand, modify, limit or impair any rights of <br />Federal Insurance Company under any such bonds and/or related indemnification agreements or <br />in any such surety's collateral. <br />12. Nothing herein shall be deemed to waive or prejudice the Debtors' rights <br />to further extend the Lease Election Deadline applicable to any particular Extended Deadline <br />Lease, if any exists, in accordance with section 365 of the Bankruptcy Code. For the avoidance <br />of doubt, the Debtors are specifically authorized, without further order of the Court, to negotiate <br />and enter into any agreement establishing or extending the Lease Extension Deadline applicable <br />to any Lease, and any such Lease will not be subject to automatic rejection by operation of <br />section 365(d)(4) of the Bankruptcy Code, regardless of when the applicable agreement <br />establishing or extending the Lease Election Deadline is reached. <br />-6- <br />
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