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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
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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
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DRMS
Permit Index Doc Type
General Correspondence
Email Name
MPB
JRS
JDM
Media Type
D
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Case 16-42529 Doc 2220 Filed 01/27/17 Entered 01/27/17 12:05:29 Main Document <br />Pg6of13 <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 />0 <br />
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