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2016-04-25_GENERAL DOCUMENTS - C1982056 (5)
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2016-04-25_GENERAL DOCUMENTS - C1982056 (5)
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Last modified
8/24/2016 6:21:06 PM
Creation date
4/26/2016 9:59:15 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1982056
IBM Index Class Name
General Documents
Doc Date
4/25/2016
Doc Name
Motion of the Debtors and Debtors in Possession
From
United States Bankruptcy Court
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
MPB
JRS
JLE
Media Type
D
Archive
No
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Case 16-42529 Doc 32 Filed 04/13/16 Entered 04/13/16 11:43:47 Main Document <br />Pg 16 of 21 <br />or lease of property other than cash collateral is stayed until the expiration of 14 days after entry <br />of the order, unless the court orders otherwise." Fed. R. Bankr. P. 6004(h). <br />32. As set forth above and in the Declaration of James A. Tichenor (the "Tichenor <br />Declaration"), it is vital that the Court grant the relief requested herein and the Debtors submit <br />that ample cause exists to justify: (a) the immediate entry of the order granting the relief sought <br />herein pursuant to Bankruptcy Rules 4001(c) and 6003(b) to the extent that they apply; and (b) a <br />waiver of the 14 -day stay imposed by Bankruptcy Rule 6004(h), to the extent that it applies, with <br />respect to the order. <br />Reservation of Rights <br />33. Nothing contained herein or in the proposed order is intended or should be <br />construed as: (a) an admission as to the validity of any claim, security interest or lien against any <br />of the Debtors or non -Debtor affiliates; (b) a waiver of the Debtors' or any other party in <br />interest's rights to dispute any claim, security interest or lien on any grounds; (c) a promise or <br />requirement to pay any claim; or (d) a waiver or limitation of the Debtors' rights under the <br />Bankruptcy Code or any other applicable law. <br />Notice <br />34. Notice of this Motion has been given to: (a) Davis Polk & Wardwell LLP and <br />Bryan Cave LLP as counsel to Citibank, N.A. as Administrative Agent for the First Lien Secured <br />Credit Facility and the Debtors' proposed debtor in possession secured credit facility; (b) Brown <br />Rudnick LLP, as counsel to Wilmington Savings Fund Society, FSB as prospective trustee and <br />collateral agent for the Secured Second Lien Notes; (c) Foley & Lardner LLP, as counsel to <br />-16- <br />
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