Fill and Sign the Order Real Property 497335404 Form

IN THE UNITED STATES BANKRUPTCY COURT       DISTRICT OF       In re:       , Debtor Chapter 11 Case No.       ORDER PURSUANT TO SECTION 365 OF THE BANKRUPTCY CODE AUTHORIZING DEBTOR TO ASSUME CERTAIN NONRESIDENTIAL REAL PROPERTY LEASES Upon the motion (the "Motion") of       , the above - captioned debtor and debtor - in - possession (the "Debtor"), for an order pursuant to section 365 of title 11 of the United States Code (the "Bankruptcy Code") authorizing the Debtor to assume certain un-expired nonresidential real property lease agreements, as amended (the "Leases"), as more particularly set forth on Exhibit "A" to the Motion (the "Leases") ; and the Court having jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334; and this being a core proceeding pursuant to 28 U.S.C. 157(b) (2); and the Court being satisfied that the relief requested is in the best interests of the Debtor, its estate and its creditors; and after due notice and sufficient cause appearing therefor; it is ORDERED that, pursuant to section 365 of the Bankruptcy Code, the Debtor be, and it hereby is, authorized and empowered to assume the Leases; and it is further ORDERED that the terms and provisions of each of the Leases be, and the same hereby are, authorized and approved in all respects; and it is further ORDERED that, pursuant to section 365(b) (1) of the Bankruptcy Code, the Debtor be, and it hereby is, directed to cure (or provide adequate assurance that it will promptly cure) all defaults (other than defaults described in section 365(b) (2) of the Bankruptcy Code) existing under the Leases, if any, in connection with the assumption of the Leases ten (10) days after entry of this Order approving the assumption of the Leases; and it is further ORDERED that the entry of this Order is without prejudice to the rights of the parties to the Leases with respect to a determination for the amount due and owing for pre - petition and post-petition defaults under the Leases and any agreements relating to the Leases; provided, however, if the parties to the Leases do not agree to the amount due and owing, then the Bankruptcy Court shall determine such amount, and the Debtor and the Debtor shall pay the amount determined by the Bankruptcy Court within ten (10) days after entry of an order determining such amount; and it is further ORDERED that upon entry of this Order, this Order shall be binding upon all parties to the Leases; and it is further - 1 - ORDERED that service of the Motion upon (i) the Office of the United States Trustee for the District of       , (ii) counsel to       , the Debtor's post-petition lender, (iii) counsel to the Official Committee of Unsecured Creditors, (iv) each party that has filed and served a notice of appearance and a request for service of papers in this chapter 11 case, and (v) each and every landlord known by the Debtor to be affected by this Order shall be, and it hereby is, deemed good and sufficient notice of the Motion and the relief requested in the Motion; and it is further ORDERED that any and all other and further notice of the relief granted by this Order other than as set forth above, be, and it hereby is, dispensed with and waived. Dated:       ___________________________________ UNITED STATES BANKRUPTCY JUDGE - 2 -