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Case 1:20-bk-12043 Doc 477 Filed 10/13/20 Entered 10/13/20 16:31:49 Desc Main <br /> Document Page 3 of 4 <br /> and therefore is not subject to, and cannot be rejected under, section 365 of the Bankruptcy <br /> Code. The Settlement Agreement therefore does not constitute a Rejected Agreement. <br /> 6. Notwithstanding the foregoing or anything else contained in the Motion or this <br /> Order, the term "Rejected Agreements" shall expressly exclude: (i) any agreements, to the extent <br /> deemed executory,with Indemnity National Insurance Company; (ii)any agreements,to the extent <br /> deemed executory, concerning (a) the Debtors' general liability policy with Imperium Insurance <br /> Company, Policy No. MNG-IIC-GL0000220-00, (b)the Debtors' umbrella policy with Imperium <br /> Insurance Company, Policy No. MNG-IICCX0000129-00, (c) the Debtors' excess liability <br /> policies (Policy No. XCQMOO98243A005, ACE Property & Casualty Insurance Co., Policy No. <br /> 80877760, Lexington Insurance Company, Policy No. 1000031017201, Starr Indemnity & <br /> Liability Company,and Policy No.2800604,Ironshore Specialty Insurance), and(d)tail coverage <br /> under the Debtors' insurance policy with XL Insurance Company,Policy No.ELU167890-20; (iii) <br /> that certain Administrative Services Agreement by and between Rhino Energy LLC and Anthem <br /> Health Plans of Kentucky, Inc. d/b/a Anthem Blue Cross and Blue Shield, effective as of June 1, <br /> 2020; and (iv) for the avoidance of doubt, the Assigned Agreements <br /> 7. Claims arising out of the rejection of the Rejected Agreements must be bled on <br /> or before the later of(i) the deadline for filing proofs of claims established by the Court in these <br /> Chapter 11 Cases or(ii) thirty (30) days after the date of entry of this Order. If no proof of claim <br /> is timely filed,such claimant shall not be treated as a creditor with respect to such claims for voting <br /> on any chapter 11 plan in these Chapter 11 Cases and shall be forever barred from asserting a claim <br /> for rejection damages and from participating in any distributions that may be made in connection <br /> with the Debtors' bankruptcy cases <br /> 3 <br />