181030 ORD RE 5TH MOT TO EXT 365(D)(4) DEADLINE.DOCX VERSION OCTOBER 30, 2018 1 

UNITED STATES DISTRICT COURT 

DISTRICT OF PUERTO RICO 

---------------------------------------------------------------x 

In re: 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

 as representative of 

THE COMMONWEALTH OF PUERTO RICO, et al., 

 Debtors. 1

---------------------------------------------------------------x 

PROMESA 

Title III 

No. 17 BK 3283-LTS 

(Jointly Administered) 

ORDER GRANTING MOTION FOR ENTRY OF 

FIFTH ORDER EXTENDING TIME TO ASSUME OR REJECT 

UNEXPIRED LEASES OF NONRESIDENTIAL REAL PROPERTY 

UNDER WHICH THE PUERTO RICO PUBLIC BUILDING AUTHORITY 

IS THE LESSOR PURSUANT TO BANKRUPTCY CODE SECTION 365(d)(4) 

Upon the Motion for Entry of Fifth Order Extending Time to Assume or Reject 

Unexpired Leases of Nonresidential Real Property Under Which the Puerto Rico Public Building 

Authority Is the Lessor Pursuant to Bankruptcy Code Section 365(d)(4) (Docket Entry No. 4035 

in Case No. 17-3283, the “Motion”);2

 and the Court having found it has subject matter 

jurisdiction over this matter pursuant to PROMESA section 306(a); and it appearing that venue is 

 

1

 The Debtors in these Title III Cases, along with each Debtor’s respective Title III case 

number and the last four (4) digits of each Debtor’s federal tax identification number, as 

applicable, are the (i) Commonwealth of Puerto Rico (Bankruptcy Case No. 17 BK 3283-

LTS) (Last Four Digits of Federal Tax ID: 3481); (ii) Puerto Rico Sales Tax Financing 

Corporation (“COFINA”) (Bankruptcy Case No. 17 BK 3284-LTS) (Last Four Digits of 

Federal Tax ID: 8474); (iii) Puerto Rico Highways and Transportation Authority 

(“HTA”) (Bankruptcy Case No. 17 BK 3567-LTS) (Last Four Digits of Federal Tax ID: 

3808); (iv) Employees Retirement System of the Government of the Commonwealth of 

Puerto Rico (“ERS”) (Bankruptcy Case No. 17 BK 3566-LTS) (Last Four Digits of 

Federal Tax ID: 9686); and (v) Puerto Rico Electric Power Authority (“PREPA”) 

(Bankruptcy Case No. 17 BK 4780-LTS) (Last Four Digits of Federal Tax ID: 3747) 

(Title III case numbers are listed as Bankruptcy Case numbers due to software 

limitations). 

2

 Capitalized terms used but not otherwise defined herein have the meanings given to them 

in the Motion. 

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181030 ORD RE 5TH MOT TO EXT 365(D)(4) DEADLINE.DOCX VERSION OCTOBER 30, 2018 2 

proper pursuant to PROMESA section 307(a); and the Court having found that the relief 

requested in the Motion is in the best interests of the Debtors, their creditors, and other parties in 

interest, it is HEREBY ORDERED THAT: 

1. The Motion is granted as set forth herein. 

2. The deadline for the Debtors to assume or reject any of the PBA Leases is 

extended through and including March 23, 2019, without prejudice to (a) the Debtors’ right to 

seek further extensions as contemplated by Bankruptcy Code section 365(d)(4)(B)(ii), (b) the 

right of any party in interest to object to such requested extensions, or (c) the Debtors’ right to 

object or respond to such objections on the basis that such party lacks standing to object to such 

requested extensions. 

3. Nothing in the Motion or this Order shall be deemed or construed as (a) an 

assumption or rejection of any agreement, contract, or lease pursuant to Bankruptcy Code section 

365, or (b) an admission with respect to whether any of the Debtors’ contracts or leases is an 

unexpired lease of nonresidential real property within the meaning of Bankruptcy Code section 

365(d). The relief granted by this Order shall not affect the Debtors’ rights to assume, assume 

and assign, or reject any PBA Leases. 

4. Except as expressly stated in this Order, nothing in the Motion or this Order shall 

(a) impair or modify the rights and claims of PBA under or related to the PBA Leases under 

PROMESA or applicable law, or (b) impair or modify the rights or claims of any holders of 

bonds issued by PBA, either directly or as third party beneficiaries, under or related to the PBA 

Leases under PROMESA or applicable law. 

5. Notwithstanding anything herein or in the Motion to the contrary, nothing 

contained in this Order shall be deemed to amend, modify, or supersede in any respect the relief 

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181030 ORD RE 5TH MOT TO EXT 365(D)(4) DEADLINE.DOCX VERSION OCTOBER 30, 2018 3 

granted in the Court’s Order Resolving the Motion of the PBA Funds for the Payment of Rent 

(Docket Entry No. 2716 in Case No. 17-3283, the “Rent Order”), and the Rent Order shall 

remain in full force and effect following the entry of this Order. 

6. This Court retains exclusive jurisdiction with respect to all matters arising from or 

related to the implementation, interpretation, and enforcement of this Order. 

7. This Order resolves Docket Entry No. 4035 in Case No. 17-3283. 

SO ORDERED. 

Dated: October 30, 2018 

 /s/ Laura Taylor Swain 

 LAURA TAYLOR SWAIN

 United States District Judge 

Case:17-03283-LTS Doc#:4114 Filed:10/30/18 Entered:10/30/18 11:51:48 Desc: Main

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