(f) Certain Governmental Agreements. To the extent that (i) the
Debtors are party to any agreement, permit, certificate, license, approval, memorandum or
contract, including any easements or agreements to cross land (collectively, including any
product from such agreements, permits, certificates, licenses, approvals, memoranda or contracts,
the “Government Agreements”) issued by, signed with, or granted by a governmental unit,
including a federal government, provincial or state government, or agent or agency of a federal,provincial or state government, (ii) such Government Agreement constitutes an executory
contract, and (iii) such Government Agreement (A) has not been previously rejected or assumed
48
YCST01:9986100.2 068104.1001
by order of the Bankruptcy Court, (B) is not subject to a motion to reject such executory contract
or unexpired lease filed on or prior to the Effective Date, (C) is not listed on Plan
Supplement 11A or Plan Supplement 11B, (D) has not been designated for rejection in
accordance with Section 5.2(a), then such Government Agreement will be deemed assumed by
the applicable Debtor(s) in accordance with the provisions and requirements of sections 365 and
1123 of the Bankruptcy Code as of the Effective Date. The Cure amount to be paid in
connection with the assumption of a Government Agreement if not specifically identified in Plan
Supplement 11A shall be $0.00.
(g)