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2016-04-25_GENERAL DOCUMENTS - C1981044 (19)
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2016-04-25_GENERAL DOCUMENTS - C1981044 (19)
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Entry Properties
Last modified
8/24/2016 6:21:05 PM
Creation date
4/26/2016 10:50:43 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981044
IBM Index Class Name
General Documents
Doc Date
4/25/2016
Doc Name
Amended Interim Order Authorizing Debtors to Obtain Post Petition Financing Pursuant to 11
From
United State Bankruptcy
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
MPB
JRS
TNL
Media Type
D
Archive
No
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Case 16-42529 Doc 149 Filed 04/15/16 Entered 04/15/16 16:16:59 Main Document <br />Pg 34 of 71 <br />H. Payments Free and Clear. Any and all payments or proceeds remitted to the <br />DIP Agent on behalf of itself and the DIP Lenders to the Pre -Petition Agent on behalf of itself <br />and the Pre -Petition Lenders, subject to the second proviso in paragraph 13(d) of this Interim <br />Order, in each case, pursuant to the provisions of the Interim Order, this Final Order or any <br />subsequent order of this Court shall be received free and clear of any claim, charge, assessment <br />or other liability, including, without limitation, any such claim or charge arising out of or based <br />on, directly or indirectly (and with respect to the Pre -Petition Secured Parties, subject to entry <br />of the Final Order and without prejudice to paragraph 27(c) of this Interim Order), sections <br />506(c) (whether asserted or assessed by, through or on behalf of the Debtors) or 552(b) of the <br />Bankruptcy Code or the equitable doctrine of marshaling. <br />12. Use of Cash Collateral. <br />(a) The Debtor Loan Parties are hereby authorized, subject to the terms and <br />conditions of this Interim Order, to use all Cash Collateral of the Pre -Petition Secured Parties; <br />provided, that the Pre -Petition Secured Parties are granted adequate protection as hereinafter set <br />forth including, without limitation, in the form of the Adequate Protection Obligations and <br />Adequate Protection Liens, except on the terms and conditions of this Interim Order, the Debtors <br />shall be enjoined and prohibited from at any times using the Cash Collateral absent further order <br />of the Court. Each of the following events shall be deemed a "Cash Collateral Termination <br />Event"): <br />(i) confirmation of a plan of reorganization in any of the Cases other <br />than a plan of reorganization that is reasonably acceptable to the Required Pre -Petition Lenders <br />(as defined below) (any such plan, an "Acceptable Plan") or any of the Debtors or any of their <br />respective direct or indirect affiliates or subsidiaries shall, in the Court, file, propose, support, or <br />34 <br />
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