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2017-02-07_GENERAL DOCUMENTS - C1992081 (2)
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2017-02-07_GENERAL DOCUMENTS - C1992081 (2)
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Last modified
2/8/2017 10:06:14 AM
Creation date
2/8/2017 10:03:01 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1992081
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 />Pg3of1 <br />the Debtors may assign any Assumed Lease in the future notwithstanding any provision of such <br />Assumed Lease that prohibits, restricts or conditions the assignment of such Assumed Lease; <br />provided that the conditions of section 365(f)(2)(B) of the Bankruptcy Code are satisfied. <br />4. The cure amount to be paid to cure all prepetition defaults under each <br />Assumed Lease, pursuant to section 365(b) of the Bankruptcy Code, shall be the applicable Cure <br />Amount set forth on the Assumed and Rejected Leases Schedule attached hereto, or such other <br />amount as may be agreed by the parties or otherwise ordered by the Court. The Debtors shall <br />pay the applicable Cure Amounts set forth on the Assumed and Rejected Leases Schedule <br />attached hereto no later than 30 days following the entry of this Order. <br />The Cure Amount set forth in the Assumed and Rejected Leases Schedule <br />shall be binding upon the nondebtor parties to the Assumed Leases for all purposes in these <br />chapter 11 cases and shall constitute a final determination of the total Cure Amounts required to <br />be paid by the Debtors in connection with the assumption of the Assumed Leases as of the <br />Objection Deadline (unless a portion of such costs are paid or satisfied in any manner, in which <br />case the applicable Cure Amount shall be reduced); provided that, for the avoidance of doubt, <br />any monetary defaults occurring after the Objection Deadline also must be cured in connection <br />with any assumption of the Assumed Leases (the "Post -Deadline Defaults") and any disputes <br />relating to Post -Deadline Defaults may be brought to this Court for adjudication. In addition, <br />all nondebtor counterparties to Assumed Leases shall be forever (a) barred from objecting to the <br />Cure Amounts and from asserting any additional cure or other amounts with respect to the <br />Assumed Leases (other than any Post -Deadline Defaults), and the Debtors shall be entitled to <br />rely solely upon the Cure Amounts set forth in the Assumed and Rejected Leases Schedule; and <br />(b) barred, estopped and permanently enjoined from asserting or claiming against the Debtors or <br />-3- <br />
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