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Full title: Order Granting Motion of Debtors to Extend Time to Assume or Reject Executory Contracts and Unexpired Leases of Nonresidential Real Property Pursuant to Section 365(d)(4) of the Bankruptcy Code (Related Doc # 259) Signed on 12/14/2020. (klt) (Entered: 12/14/2020)

Document posted on Dec 13, 2020 in the bankruptcy, 2 pages and 0 tables.

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Jointly Administered ORDER GRANTING MOTION OF DEBTORS TO EXTEND THE DEADLINE TO ASSUME OR REJECT EXECUTORY CONTRACTS AND UNEXPIRED LEASES OF NONRESIDENTIAL REAL PROPERTY PURSUANT TO SECTION 365(d)(4) OF THE BANKRUPTCY CODE Upon consideration of the motion (the “Motion”)2 for entry of an order (this “Order”) pursuant to section 365(d)(4) of the Bankruptcy Code extending the time in the which the Debtors may assume or reject executory contracts and unexpired leases on nonresidential real property filed by the above-captioned Debtors; and this Court having determined it has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the General Order of Reference from the United States District Court for the Northern District of Alabama, dated July 16, 1984, as amended July 17, 1984; and this Court having found that this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and this Court having found that venue of this proceeding and the Motion in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and this Court having found that the Debtors’ notice of the Motion and opportunity for a hearing on the Motion were appropriate under the circumstances and no other notice need be provided; and this Court having reviewed the Motion and having heard the statements in support of the relief requested therein at a hearing 1 The Debtors in these cases, along with the last four digits of each Debtor’s federal tax identification number, are: FM Coal, LLC (1768);Cane Creek, LLC (3207); M. S. & R. Equipment Co., Inc. (3487); Cedar Lake Mining, Inc. (6132); Best Coal, Inc. (2487); and Xinergy of Alabama, Inc. (3009). before this Court (the “Hearing”); and this Court having determined that the legal and factual bases set forth in the Motion and at the Hearing establish just cause for the relief granted herein; and upon all of the proceedings had before this Court; and after due deliberation and sufficient cause appearing therefor, it is hereby ORDERED as follows:The time period within which the Debtors may assume or reject executory contracts and unexpired nonresidential real property leases is extended for an additional ninety (90) days, through and including March 30, 2021, in accordance with section 365(d)(4) of the Bankruptcy Code.The extensions of time granted herein is without prejudice to the Debtors’ rights to seek further extensions of its time to assume or reject any unexpired nonresidential real estate lease as provided in section 365(d)(4) of the Bankruptcy Code.

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UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION In re: ) ) Chapter 11 FM COAL, LLC, et al.,1 ) ) Case No. 20-02783 (TOM) Debtors. ) ) Jointly Administered ORDER GRANTING MOTION OF DEBTORS TO EXTEND THE DEADLINE TO ASSUME OR REJECT EXECUTORY CONTRACTS AND UNEXPIRED LEASES OF NONRESIDENTIAL REAL PROPERTY PURSUANT TO SECTION 365(d)(4) OF THE BANKRUPTCY CODE Upon consideration of the motion (the “Motion”)2 for entry of an order (this “Order”) pursuant to section 365(d)(4) of the Bankruptcy Code extending the time in the which the Debtors may assume or reject executory contracts and unexpired leases on nonresidential real property filed by the above-captioned Debtors; and this Court having determined it has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the General Order of Reference from the United States District Court for the Northern District of Alabama, dated July 16, 1984, as amended July 17, 1984; and this Court having found that this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and this Court having found that venue of this proceeding and the Motion in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and this Court having found that the Debtors’ notice of the Motion and opportunity for a hearing on the Motion were appropriate under the circumstances and no other notice need be provided; and this Court having reviewed the Motion and having heard the statements in support of the relief requested therein at a hearing 1 The Debtors in these cases, along with the last four digits of each Debtor’s federal tax identification number, are: FM Coal, LLC (1768); Cane Creek, LLC (3207); M. S. & R. Equipment Co., Inc. (3487); Cedar Lake Mining, Inc. (6132); Best Coal, Inc. (2487); and Xinergy of Alabama, Inc. (3009). 2 Capitalized terms not defined herein shall have the meanings given to them in the Motion.

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before this Court (the “Hearing”); and this Court having determined that the legal and factual bases set forth in the Motion and at the Hearing establish just cause for the relief granted herein; and upon all of the proceedings had before this Court; and after due deliberation and sufficient cause appearing therefor, it is hereby ORDERED as follows: IT IS HEREBY ORDERED THAT: 1. The Motion is GRANTED as set forth herein. 2. The time period within which the Debtors may assume or reject executory contracts and unexpired nonresidential real property leases is extended for an additional ninety (90) days, through and including March 30, 2021, in accordance with section 365(d)(4) of the Bankruptcy Code. 3. The extensions of time granted herein is without prejudice to the Debtors’ rights to seek further extensions of its time to assume or reject any unexpired nonresidential real estate lease as provided in section 365(d)(4) of the Bankruptcy Code. 4. The Debtors are authorized and empowered to take all actions necessary or appropriate to implement the relief granted in this Order in accordance with the Motion. 5. This Court shall retain jurisdiction to hear and determine all matters arising from or related to the implementation, interpretation, and/or enforcement of this Order. Dated: December 14, 2020 /s/ Tamara O. Mitchell Birmingham, Alabama TAMARA O. MITCHELL UNITED STATES BANKRUPTCY JUDGE

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