Page:United States Statutes at Large Volume 106 Part 2.djvu/103

 PUBLIC LAW 102-365 —SEPT. 3, 1992 106 STAT. 983 "(6) For the purpose of paragraph (5) of this subsection and paragraph (f)(1) of this section, the occurrence of a termination event means, with respect to a debtor which is an affected air carrier that is the lessee of an aircraft terminal or aircraft gate— "(A) the entry under section 301 or 302 of this title of an order for relief under chapter 7 of this title; "(B) the conversion of a case under any chapter of this title to a case under chapter 7 of this title; or "(C) the granting of relief from the stay provided under section 362(a) of this title with respect to edrcraft, aircraft engines, propellers, appliances, or spare parts, as defined in section 101 of the Federal Aviation Act of 1958 (49 App. U.S.C. 1301), except for property of the debtor found by the court not to be necessary to an effective reorgginization. "(7) Any order entered by the court pursuant to paragraph (4) extending the period within which the trustee of an affected £dr carrier must assume or reject an unexpired lease of nonresidential real property shall be without prejudice to— "(A) the right of the trustee to seek further extensions within such additional time period greinted by the court pursuant to paragraph (4); and "(B) the right of any lessor or any other party in interest to request, at any time, a shortening or termination of the period within which the trustee must assume or reject an unexpired lease of nonresidential real property. "(8) The burden of proof for establishing cause for an extension by an affected air carrier under paragraph (4) or the maintenance of a previously granted extension under paragraph (7)(A) and (B) shall at all times remain with the trustee. "(9) For purposes of determining cause under paragraph (7) with respect to an unexpired lease of nonresidential real property between the debtor that is an affected air carrier and an airport operator under which such debtor is the lessee of an airport terminal or an airport gate, the court shall consider, among other relevant factors, whether substantial harm will result to the airport operator or airline passengers as a result of the extension or the maintenance of a previously granted extension. In making the determination of substantial harm, the court shall consider, among other relevant factors, the level of actual use of the terminals or gates which are the subject of the lease, the public interest in actual use of such terminals or gates, the existence of competing demands for the use of such terminals or gates, the effect of the court's extension or termination of the period of time to assume or reject the lease on such debtor's ability to successfully reorganize under chapter 11 of this title, and whether the trustee of the affected air carrier is capable of continuing to comply with its obligations under section 365(d)(3) of this title.", (c) PARTIAL AssioNMEhrrs OR ASSUMPTIONS OF LEASES.— Section 365(c) of title 11, United States Code, is amended— (1) by striking "or" at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting in lieu thereof"; or"; and (3) by adding at the end the following new paragraph:

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