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2017-02-07_GENERAL DOCUMENTS - C1982057 (2)
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2017-02-07_GENERAL DOCUMENTS - C1982057 (2)
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Last modified
2/8/2017 10:06:14 AM
Creation date
2/8/2017 10:02:58 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1982057
IBM Index Class Name
General Documents
Doc Date
2/7/2017
Doc Name
Third Order Autrhorizing the Debtors to Assume Certain Unexpired Leases of Nonresidential
From
United States Bankruptcy Court Eastern District of Missouri
To
DRMS
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 2220 Filed 01/27/17 Entered 01/27/17 12:05:29 Main Document <br />Pg5of13 <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 />compliance activities, the Debtors reserve all of their rights to seek additional relief from this <br />Court or other tribunal, including with respect to any alleged liability under, or alleged violations <br />of, SMCRA, its related regulations, its state analogues, related state regulations or any other <br />similar law or regulation requiring the Debtors to undertake reclamation activities on such <br />premises. The Debtors also reserve all their rights to exercise any remedies or rights of access to <br />any premises related to the Rejected Leases available to them under any federal or state law or <br />regulation. <br />9. Pursuant to the Order Establishing Bar Dates for Filing Proofs of Claim <br />and Approving Form and Manner of Notice Thereof [Docket No. 771 ] (the "Bar Date Order"), <br />any lessor party to a Rejected Lease must file a proof of claim for any damages resulting from <br />the rejection of the Rejected Lease (any such claim, a "Rejection Damages Claim") no later than <br />11:59 p.m., Central Time, on the date that is 30 days after the date hereof (the "Rejection Bar <br />Date"). All such proofs of claim shall be filed by the Rejection Bar Date in accordance with <br />the requirements of the Bar Date Order. If a lessor fails to timely and properly file a Rejection <br />Damages Claim by the Rejection Bar Date, such party shall be forever barred, estopped and <br />enjoined from asserting such Rejection Damages Claim against the Debtors or voting or <br />receiving distributions under any chapter 11 plan in these cases on account of such Rejection <br />Damages Claim. <br />10. Pursuant to section 365(d)(4) of the Bankruptcy Code, the Lease Election <br />Deadline is hereby extended for each of the Extended Deadline Lease listed on Exhibit B <br />attached hereto (the "Adjourned Leases Schedule"), if any, for which the Debtors have <br />-5- <br />
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