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Case 16-42529 Doc 32 Filed 04/13/16 Entered 04/13/16 11:43:47 Main Document <br />Pg5of21 <br />Agreement on a postpetition basis without notice and a hearing. Nonetheless, ADM may be <br />unwilling to do business with the Debtors without specific authorization from the Court for such <br />transactions. Indeed, courts have granted similar relief in other major coal company <br />reorganizations and other cases. See, e.g., In re Arch Coal, Inc., No. 16-40120 (Bankr. E.D. Mo. <br />Jan. 14, 2016) (Docket No. 84); In re Patriot Coal Corp., No. 12-12900 (Bankr. S.D.N.Y. Aug. <br />16, 2012) (Docket No. 365); accord In re Energy Future Holdings Corp., No. 14-10979 (Bankr. <br />D. Del. June 6, 2014) (Docket No. 860); In re AMR Corp., No. 11 - 15463 (Bankr. S.D.N.Y. <br />Dec. 22, 2011) (Docket No. 433).3 <br />12. As a consequence, counterparties have come to expect that debtors that wish to <br />enter into trading transactions will seek and obtain such relief. Thus, out of an abundance of <br />caution, the Debtors request that the Court determine that the performance of the ADM <br />Agreement and entering into transactions under such agreement are "ordinary course <br />transactions" within the meaning of section 363(c)(1) of the Bankruptcy Code, or, in the <br />alternative, grant the Debtors authority pursuant to section 363(b)(1) of the Bankruptcy Code to <br />enter into transactions and perform under the ADM Agreement without further order of the <br />Court. <br />13. To effectively manage the risks inherent in the Debtors' businesses, the Debtors <br />must also be able to continue to perform under the ADM Agreement on an uninterrupted basis <br />postpetition. Further, the Debtors must be able to maintain the confidentiality of the basic terms <br />of such transactions. Given the confidential and immediate nature of entering into transactions <br />under the ADM Agreement, it is impractical and counterproductive to require the Debtors to <br />seek separate approval with respect to each such transaction. <br />Unreported orders cited herein are not attached to this Motion. Copies of these orders will be made <br />available to the Court or other parties upon request made to the Debtors' counsel. <br />-5- <br />