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Case 16-42529 Doc 53 Piled 04/13/16 Entered 04/13/16 12:50:57 Main Document <br />Pg 15 of 31 <br />Brokers, the Financiers, ESIS, the Third -Party Administrators and the Letter of Credit Issuers <br />may be reluctant to engage in ordinary course transactions with the Debtors absent an order <br />eliminating any uncertainty as to whether the Debtors have the requisite authority to engage in <br />such transactions. Additionally, to ensure continuing insurance coverage during these <br />bankruptcy cases, the Debtors are also seeking authority, but not direction, to pay prepetition <br />amounts owed on the Insurance Obligations and the Workers' Compensation Liabilities. <br />Aruument <br />30. It is essential to the Debtors' businesses that they receive authority to: <br />(a) maintain their Insurance Policies and insurance programs (including their Workers' <br />Compensation Program); (b) renew or replace their Insurance Policies and Workers' <br />Compensation Insurance Policy in the ordinary course of business during the pendency of these <br />chapter 11 cases; (c) liquidate or settle prepetition and postpetition Workers' Compensation <br />Claims, as necessary; and (d) pay the following amounts owed as of the Petition Date: (i) the <br />Insurance Obligations and (ii) the Workers' Compensation Liabilities. <br />Section 363 of the Bankruptcy Code Provides the Basis to Allow the Debtors to Maintain their <br />Insurance Policies and the Workers Compensation Policy and to Renew Such Policies During <br />these Cases <br />31. Section 363 of the Bankruptcy Code provides the Court with authority to <br />grant the requested relief. Section 363(c)(1) of the Bankruptcy Code expressly grants the <br />Debtors the authority to enter into transactions and use estate property in the ordinary course of <br />business without notice or a hearing. The Debtors believe they are permitted to pay all <br />postpetition Insurance Obligations during these bankruptcy cases, as such actions would be in the <br />ordinary course of the Debtors' business. <br />32. In the alternative, section 363(b) of the Bankruptcy Code allows the <br />debtors, after notice and hearing, to "use, sell, or lease, other than in the ordinary course of <br />-15- <br />