Page:United States Statutes at Large Volume 108 Part 5.djvu/633

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PUBLIC LAW 103-394—OCT. 22, 1994 108 STAT. 4123 lease and for the term of any renewal or extension of such lease, the value of any damage caused by the nonperformance after the date of such rejection, of any obligation of the debtor under such lease, but the lessee shall not have any other right against the estate or the debtor on account of any damage occurring after such date caused by such nonperformance. "(C) The rejection of a lease of real property in a shopping center with respect to which the lessee elects to retain its rights under subparagraph (A)(ii) does not affect the enforceability under applicable nonbankruptcy law of any provision in the lease pertaining to radius, location, use, exclusivity, or tenant mix or balance. "(D) In this paragraph, 'lessee' includes any successor, assign, or mortgagee permitted under the terms of such lease. "(2)(A) If the trustee rejects a timeshare interest under a timeshare plan under which the debtor is the timeshare interest seller and— "(i) if the rejection amounts to such a breach as would entitle the timeshare interest purchaser to treat the timeshare f)lan as terminated under its terms, applicable nonbankruptcy aw, or any agreement made by timeshare interest purchaser, the timeshare interest purchaser under the timeshare plan may treat the timeshare plan as terminated by such rejection; or "(ii) if the term of such timeshare interest has commenced, then the timeshare interest purchaser may retain its rights in such timeshare interest for the balance of such term and for any term of renewal or extension of such timeshare interest to the extent that such rights are enforceable under applicable nonbankruptcy law. "(B) If the timeshare interest purchaser retains its rights under subparagraph (A), such timeshare interest purchaser may offset against the moneys due for such timeshare interest for the balance of the term after the date of the rejection of such timeshare interest, and the term of any renewal or extension of such timeshare interest, the value of any damage caused by the nonperformance after the date of such rejection, of any obligation of the debtor under such timeshare plan, but the timeshare interest purchaser shall not have any right against the estate or the debtor on account of any damage occurring after such date caused by such nonperformance.". (b) TECHNICAL AMENDMENT.— Section 553(b)(1) of title 11, United States Code, is amended by striking "365(h)(2)" and inserting "365(h)". SEC. 206. CONTENTS OF PLAN. Section 1123(b) of title 11, United States Code, is amended— (1) in paragraph (4) by striking "and" at the end, (2) by redesignating paragraph (5) as paragraph (6), and (3) by inserting after paragraph (4) the following: "(5) modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor's principal residence, or of holders of unsecured claims, or leave unaffected the rights of holders of any class of claims; and". SEC. 207. PRIORITY FOR INDEPENDENT SALES REPRESENTATIVES. Section 507(a)(3) of title 11, United States Code, is amended to read as follows: