2016-04-25_GENERAL DOCUMENTS - C1994082 (2)

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Case 16-42529 Doc 23 Filed 04/13/16 Entered 04/13/16 11:20:44 Main Document Pg 15 of 32 29. As set forth above, the Debtors believe that it would be difficult to obtain new bonding capacity on an unsecured basis at this time. To the extent the continuation of the Debtors' Surety Bond Program is deemed a secured extension of credit, the Debtors request authority to renew, replace or secure new Surety Bonds pursuant to section 364(c) of the Bankruptcy Code. The Debtors further submit that, pursuant to section 364(e) of the Bankruptcy Code, any reversal or modification on appeal of this authorization to obtain credit under section 364 of the Bankruptcy Code should not affect the validity of the debt incurred or any priority of a lien granted. 30. Relief similar to the relief requested herein has been granted by courts in this and other districts in chapter 11 cases involving coal companies. See, e.g., In re Arch Coal, Inc., No. 16-40120 (Bankr. E.D. Mo. Jan. 14, 2016) (Docket No. 90) (order authorizing debtors to maintain and renew their surety bond program); accord In re Alpha Natural Res., Inc., No. 15-33896 (Bankr. E.D. Va. Aug. 5, 2015 and Sept. 3, 2015) (Docket Nos. 102 and 352) (interim and final orders authorizing debtors to maintain and renew their surety bond program); In re Walter Energy, Inc., No. 15-02741 (Bankr. N.D. Ala. July 16, 2015 and Aug. 19, 2015) (Docket Nos. 69 and 506) (same); In re Patriot Coal Com., No. 15-32450 (Bankr. E.D. Va. May 14, 2015 and July 30, 2015) (Docket Nos. 84 and 709) (same); In re James River Coal Co., No. 14-31848 (Bankr. E.D. Va. Apr. 10 and May 9, 2014) (Docket Nos. 85 and 250) (same); In re Patriot Coal Com., No. 12-12900 (Bankr. S.D.N.Y. July 16, 2012 and Aug. 2, 2012) (Docket Nos. 92 and 259) (same).6 6 Unreported orders cited herein are not attached to this Motion. Copies of these orders will be made available to the Court or other parties upon request made to the Debtors' counsel. -15-