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:
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