Page:United States Statutes at Large Volume 106 Part 2.djvu/104

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106 STAT. 984 PUBLIC LAW 102-365—SEPT. 3, 1992 "(4) such lease is of nonresidential real property under which the debtor is the lessee of an aircraft terminal or aircraft gate at an airport at which the debtor is the lessee under one or more additional nonresidential leases of an aircraft terminal or aircraft gate and the trustee, in connection with such assumption or assignment, does not assume all such leases or does not assume and assign all of such leases to the same person, except that the trustee may assume or assign less than all of such leases with the airport operator's written consent.". (d) PROHIBITION OF LEASE ASSIGNMENTS AFTER TERMINATION EVENT.— Section 365(fKl) of title 11, United States Code, is amended by striking the period at the end and inserting in lieu thereof the following: "; except that the trustee may not assign an unexpired lease of nonresidential real property under which the debtor is an Eiffected air carrier that is the lessee of an aircraft terminal or aircraft gate if there has occurred a termination event.". (e) AFFECTED AIR CARRIER DEFINED.—Section 365 of title 11, United States Code, is amended by adding at the end the following new subsection: "(p) In this section, 'affected air carrier* means an air carrier, as defined in section 101(3) of the Federal Aviation Act of 1958, that holds 65 percent or more in number of the aircraft gates at an airport— "(1) which is a Large Air Traffic Hub as defined by the Federal Aviation Administration in Report FAA-AP 92-1, February 1992; and "(2) all of whose remaining aircraft gates are leased or under contract on the date of enactment of this subsection.". Effective date. (f) APPLICABILITY.— The amendments made by this section shall 11 USC 365 note. ^yQ in effect for the 12-month period that begins on the date of enactment of this Act and shall apply in all proceedings involving an affected air carrier (as defined in section 365(p) of title 11, United States Code, as amended by this section) that are pending during such 12-month period. Not later than 9 months after the date of enactment, the Administrator of the Federal Aviation Administration shall report to the Committee on Commerce,