Schedule 8.2(A)
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Schedule 8.2(a) SCHEDULE 8.2(a) SHOULD ONLY BE READ IN CONJUNCTION WITH THESE HEADNOTES, WHICH CONTAIN VALUABLE INFORMATION REGARDING THE DATA CONTAINED THEREIN. Schedule 8.2(a) contains those prepetition executory contracts and unexpired leases which the Debtors will assume on the Effective Date pursuant to section 8.2 of the Plan and section 365 of the Bankruptcy Code. Schedule 8.2(a) does not contain executory contracts or unexpired leases which have already been assumed pursuant to orders of the Bankruptcy Court or contracts which were entered into by the Debtors after the Petition Date. In addition, the Debtors may seek to assume or reject executory contracts or unexpired leases pursuant to a motion or motions filed prior to the Effective Date. The Debtors, in consultation with the Creditors’ Committee, reserve the right to amend Schedule 8.2(a)prior to the Effective Date. The Debtors’ executory contracts and unexpired leases may be loosely divided into three types: (i) programming agreements, (ii) retransmission consents and (iii) other contracts and leases. For ease of reference, the Debtors have divided Schedule 8.2(a) into subschedules, as follows: Schedule 8.2(a)(i) – General Executory Contracts and Unexpired Leases of the PBT Debtors; Schedule 8.2(a)(ii) – General Executory Contracts and Unexpired Leases of PST; Schedule 8.2(a)(iii) – General Executory Contracts and Unexpired Leases of PMC; Schedule 8.2(a)(iv) – General Executory Contracts and Unexpired Leases of PSC; Schedule 8.2(a)(v) – Programming Agreements; and Schedule 8.2(a)(vi) – Retransmission Consents Each subschedule is organized first by the non-Debtor contracting party, then by the Debtor signatory to the particular executory contract or unexpired lease. Due to the nature of the Debtors’ broadcast business, some agreements were entered into by stations identified only by their call letters and/or channel number. Since PBT has the right to enter into agreements for these stations, either through ownership or contractually through local marketing agreements or similar agreements, the Debtors maintain that these contracts are for the benefit of PBT and the relevant executory contracts and unexpired leases are identified with reference to “Pegasus Broadcast Television, Inc.” followed by the call letters of the relevant station. The Debtors’ right to enter into agreements extends to certain non-Debtor affiliates, including WFXU Corporation, WFXU License Corporation, WGFL Corporation and WGFL License Corporation, and certain stations owned by KB Prime Media LLC, including WPME (Lewiston, ME), WSWB (Scranton, PA) and WTLF-DT (Tallahassee, FL). Although neither the Plan nor the Bankruptcy Code will affect contracts with these non-Debtor parties in any way, due to the beneficial relationship described in the preceding paragraph and out of an abundance of caution, the Debtors have chosen to include contracts related to such parties on Schedule 8.2(a). Schedule 8.2(a) lists the cure amounts the Debtors believe they must pay in order to assume such contracts pursuant to section 365 of the Bankruptcy Code. Pursuant to section 8.2(b) of the Plan, if you disagree with the cure amount listed for a contract to which you are a party, you must file an objection with the Bankruptcy Court prior to the Confirmation Hearing (currently scheduled for March 24, 2005 at 10:30 a.m.) or be forever barred from asserting any additional or other amounts against the Debtors respecting such cure amount. 3 Schedule 8.2(a)(i) PBT Debtors Executory Contracts Contract Party Debtor Party/Station Contract Contract Date Cure Amount 43rd Street Self Storage Pegasus Broadcast Television, Inc. Self Storage Agreement 1/9/2004 (WGFL) AGS Cleaning Service Pegasus Broadcast Television, Inc. Office Cleaning Agreement 11/3/2002 $28.93 (WGFL) Aim Pest Control Pegasus Broadcast Television, Inc. Pest Control Agreement 9/6/2002 (WDSI) Alltel Communications, Inc. Pegasus Broadcast Television, Inc. Cell Phones Agreement (WGFL) 2/26/2004 American Society of Composers, Authors HMW, Inc. (Pegasus Broadcast Music License Agreement 4/1/1996 $200.67 & Publishers (ASCAP) Television, Inc.) American Society of Composers, Authors WDSI License Corp. (Pegasus Music License Agreement 4/1/1996 $215.20 & Publishers (ASCAP) Broadcast Television, Inc.) American Society of Composers, Authors WGFL License Corporation Music License Agreement 4/1/1996 $3.00 & Publishers (ASCAP) (Pegasus Broadcast Television, Inc.) American Society of Composers, Authors WOLF License Corp. (Pegasus Music License Agreement 4/1/1996 $404.27 & Publishers (ASCAP) Broadcast Television, Inc.) American Society of Composers, Authors WTLH License Corp. (Pegasus Music License Agreement 4/1/1996 $170.29 & Publishers (ASCAP) Broadcast Television, Inc.) American Tower Services, Inc. (Assigned Pegasus Broadcast Television, Inc. Tower Attachment Communications 6/22/1998 $203.17 from Alltel Communications, Inc.) Site Sublease Agreement Anderson Columbia Co., Inc. WGFL Corporation (Pegasus Tower and Ground Space Lease 3/8/2002 $67.33 Broadcast Television, Inc.) Atlas Talent Agency Pegasus Broadcast Television, Inc. Voice Talent Services Agreement 8/22/2001 Broadcast Music, Inc. Pegasus Broadcast Television, Inc. Blanket License Agreement 6/1/2002 $5,713.80 Budd Broadcasting Company Pegasus Broadcast Television, Inc. Settlement and Mutual Release 9/3/2003 Agreement Budd, Harvey and Ilene Pegasus Broadcast Television, Inc. Settlement and Mutual Release 9/3/2003 Agreement Caldwell Media (c/o Atlas Talent Agency, WGFL Corporation (Pegasus Voice Talent Services Agreement 7/25/2002 $80.00 Inc.) Broadcast Television, Inc.) Page 1 of 47 Schedule 8.2(a)(i) PBT Debtors Executory Contracts Contract Party Debtor Party/Station Contract Contract Date Cure Amount CBS Affiliate Relations WGFL License Corporation Affiliation Agreement 7/15/2002 $2,254.73 (Pegasus Broadcast Television, Inc.) CBS Affiliate Relations WGFL License Corporation CBS News Service and Regional 7/15/2002 (Pegasus Broadcast Television, News Cooperative Agreement Inc.) CBS Affiliate Relations WGFL License Corporation CBS Service Mark License 7/15/2002 (Pegasus Broadcast Television, Agreement Inc.) Cingular Wireless Pegasus Broadcast Television, Inc. Cell Phones [Agreement] 1/7/2004 (WDSI) City of Chattanooga Pegasus Broadcast Television, Inc. Lease Agreement 9/1/2003 $100.00 Clear Channel Broadcasting, Inc. (WTEV) Pegasus Broadcast Television, Inc. Broadcast Agreement (WGFL) 10/31/2003 $677.52 CNN Newsource Sales, Inc. Pegasus Communications CNN Service Agreement 4/1/2004 $394.70 Corporation (Pegasus Broadcast Television, Inc.) Coccia Ford, Inc. Pegasus Broadcast Television, Inc. Car Lease Agreement 2/1/2004 (WOLF) Comcast Cable of the South, Inc. Pegasus Broadcast Television, Inc. Fiber Lease Agreement 3/8/2004 Cox Communications, Inc. WGFL Corporation (Pegasus Fiber Optic Lease Agreement 10/5/2000 Broadcast Television, Inc.) Crispin Corporation Pegasus Broadcast Television, Inc. Support Renewal Authorization 5/14/2004 (WPXT) Crown Castle International (BellSouth Pegasus Broadcast Television, Inc. BellSouth Antennae Mounts Master 4/10/1997 Telecommunications, Inc.) License Agreement Crown Castle International (BellSouth Pegasus Broadcast Television, Inc. Letter of Election 4/5/2004 Telecommunications, Inc.) (WDSI) Cummings Northeast, Inc. Pegasus Broadcast Television, Inc. Planned Maintenance Agreement 10/2/2002 (WPXT) (WPME) Cunningham Security Systems Pegasus Broadcast Television, Inc. Alarm System Agreement 6/7/2000 (WPXT) Custom Custodial, Inc. Pegasus Broadcast Television, Inc. Letter Agreement 7/1/2003 (WDSI) Page 2 of 47 Schedule 8.2(a)(i) PBT Debtors Executory Contracts Contract Party Debtor Party/Station Contract Contract Date Cure Amount Decatur Tower, Inc. Pegasus Broadcast Television, Inc. Radio Tower Lease Agreement 10/8/2004 DirecTV, Inc. Pegasus Broadcast Television, Inc. Co-Location Agreement 5/14/2003 (WTLH) Duplicator Supply Company, Inc. Pegasus Broadcast Television, Inc. Monthly Copier Maintenance 4/3/2003 $309.35 (WDSI) Agreement Echostar Satellite Corporation Pegasus Broadcast Television, Inc. Collocation Agreement 3/1/2003 (WTLH) Emmis Television Broadcasting, L.P. Pegasus Broadcast Television, Inc. Asset Purchase Agreement 11/13/2002 Emmis Television License Corporation Pegasus Broadcast Television, Inc. Asset Purchase Agreement 11/13/2002 Florida RSA#8 LLC (dba US Cellular) Pegasus Broadcast Television, Inc. License Agreement 2/9/2004 Fox Broadcasting Company Pegasus Broadcast Television, Inc. Network Affiliation Agreement 7/1/2002 (WDSI) Fox Broadcasting Company Pegasus Broadcast Television, Inc. Network Affiliation Agreement 7/1/2002 (WOLF) Fox Broadcasting Company Pegasus Broadcast Television, Inc. Network Affiliation Agreement 7/1/2002 (WTLH) Fox Broadcasting Company Pegasus Broadcast Television, Inc. NFL Supplemental Agreement 7/1/2002 $5,226.45 (WDSI) Fox Broadcasting Company Pegasus Broadcast Television, Inc. NFL Supplemental Agreement 7/1/2002 $5,787.96 (WOLF) Fox Broadcasting Company Pegasus Broadcast Television, Inc. NFL Supplemental Agreement 7/1/2002 $4,651.13 (WTLH) Fox Broadcasting Company Pegasus Broadcast Television, Inc. Primetime Inventory Purchase 7/1/2002 Agreement (WDSI) Fox Broadcasting Company Pegasus Broadcast Television, Inc. Primetime Inventory Purchase 7/1/2002 Agreement (WOLF) Fox Broadcasting Company Pegasus Broadcast Television, Inc. Primetime Inventory Purchase 7/1/2002 Agreement (WTLH) Fox News Network L.L.C. Pegasus Broadcast Television, Inc.