JOHN SQUIRES, Bankruptcy Judge
Upon the motion filed on May 7, 2003 (the "Motion") wherein Clark Retail Enterprises, Inc. ("CRE"), debtor and debtor in possession in the above-captioned case ("CRE" or "Clark"), applied to this Court for an order ("Order"), pursuant to sections 105 and 365(a) of chapter 11 of title 11 of the United States Code, 11 U.S.C §§ 101 et seq., (the "Bankruptcy Code") authorizing CRE to reject twenty-eight (28) unexpired leases of nonresidential real property (the "Subject Leases"), effective as of May 31, 2003, and granting related relief; and
Any capitalized terms not defined herein shall have the meaning set forth in the Motion.
Upon CRE having filed the "Notice Of Delay Of Rejection Of [44] Unexpired Leases Of Nonresidential Real Property And Supplemental Request For Relief (the "May Notice of Delay of Rejection") on May 20, 2003, in which CRE requested that the rejection of the Subject Leases be delayed to June 30, 2003; and
The Court having entered its "Order On Debtor's Fifth Motion For Order Authorizing Debtor To Reject Certain [28] Unexpired Leases Of Nonresidential Real Property Pursuant To 11 U.S.C. § 365," dated June 3, 2003, in which the Court continued the hearing on the Motion and the Objections to hearing on June 24, 2003; and
Upon CRE having filed the "June Notice Of Delay Of Rejection Of [44] Unexpired Leases Of Nonresidential Real Property And Supplemental Request For Relief (the "June Notice of Delay of Rejection ") on June 20, 2003, in which CRE requested that the rejection of the Subject Leases be delayed to July 31, 2003, unless the date of rejection is further extended pursuant to further order of this Court; and
The Court having entered its "Order On Debtor's Fifth Motion For Order Authorizing Debtor To Reject Certain [28] Unexpired Leases Of Nonresidential Real Property Pursuant To 11 U.S.C. § 365," dated June 25, 2003, in which the Court continued the hearing on the Motion and the Objections to hearing on July 22, 2003; and
Upon CRE having filed the "July Notice Of Delay Of Rejection Of [44] Unexpired Leases Of Nonresidential Real Property And Supplemental Request For Relief (the "July Notice of Delay of Rejection ") on July 21, 2003, in which CRE requested that the rejection of the Subject Leases be delayed to August 30, 2003, unless the date of rejection is further extended pursuant to further order of this Court; and
The Court having entered its "Order On Debtor's Fifth Motion For Order Authorizing Debtor To Reject Certain [28] Unexpired Leases Of Nonresidential Real Property Pursuant To 11 U.S.C. § 365," dated July 23, 2003, in which the Court continued the hearing on the Motion and the Objections to hearing on August 26, 2003; and
Upon CRE having filed the "August Notice Of Delay Of Rejection Of [22] Unexpired Leases Of Nonresidential Real Property And Supplemental Request For Relief (the "August Notice of Delay of Rejection ") on August 25, 2003, in which CRE requested that the rejection of the Subject Leases be delayed to September 30, 2003, unless the date of rejection is further extended pursuant lo further order of this Court; and
The Court having entered its "Order On Debtor's Fifth Motion For Order Authorizing Debtor To Reject Certain [28] Unexpired Leases Of Nonresidential Real Property Pursuant To U.S.C. § 365," dated August 26, 2003, in which the Court continued the hearing on the Motion and the Objections to hearing on August 26, 2003; and
The Court having considered the limited objections (together, the "Objections") to CRE's Motion filed by: (i) Gallup Properties, LLC ("Gallup"); and (ii) Bell Fuels, Inc. ("Bell Fuels"; Bell Fuels and Gallup are collectively referred to herein as the "Lessors"); and
The Court having previously entered the "Order Under 11 U.S.C. § 105, 363, 365 and 1146(c) And F.R.Bankr.P. 2002, 6004 And 6006: (A) Establishing Marketing Procedures Governing The Solicitation Of Bids And Approving Bidding Procedures; (B) Scheduling Sale Hearing; And (C) Granting Related Relief (the "Auction Procedures Order") on June 10, 2003; and
The Court having: (i) approved the assumption and assignment (the "Sales") of each of the Subject Leases, except for the Lease associated with CRE Store No. 2098 (the "2098 Lease") at sale hearings conducted pursuant to the Auction Procedures Order; and (ii) entered individual orders (the "Sale Orders") approving each of the Sales; and
The Court having entered the "Third Order Pursuant To 11 U.S.C. § 365(d)(4) Farther Extending Time To Assume, Assume And Assign, Or Reject Certain Unexpired Leases Of Nonresidential Real Properly" (the "Third Extension Order") on September 23, 2003, which Third Extension Order provides that the 2098 Lease shall be deemed rejected effective as of September 30, 2003 pursuant to section 365(d)(4) of the Bankruptcy Code;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1. The Motion is hereby GRANTED with respect to the 2098 Lease, such that the 2098 Lease shall be deemed to be rejected effective as of September 30, 2003.
2. The Motion has been rendered moot with respect to the other Subject Leases, pursuant to the Sale Orders.