2016-04-25_GENERAL DOCUMENTS - C1982056 (13)

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Case 16-42529 Doc 108 Filed 04/14/16 Entered 04/14/16 17:28:56 Main Document Pg 6 of 70 "Interim Order") (a) authorizing the Borrower, on an interim basis, to forthwith borrow or obtain letters of credit from the DIP Lenders (and incur bonding obligations) under (or as permitted by) the DIP Documents up to an aggregate principal or face amount not to exceed (i) $200,000,000 under the DIP Term Facility, (ii) $100,000,000 under the DIP L/C Facility and (iii) $200,000,000 under the Bonding Accommodation, in each case subject to the terms set forth in the DIP Credit Agreement, to provide operating cash for the Debtors and bonding and letter of credit capacity for the Debtors' businesses (including, without limitation, to pay interest, fees and expenses in accordance with this Interim Order, the Final Order, and the DIP Documents and to satisfy all Adequate Protection Obligations authorized hereunder), (b) authorizing the Debtors' continued use of Cash Collateral and all other Pre -Petition Collateral, and (c) granting adequate protection in the form of the Adequate Protection Obligations and the Adequate Protection Liens; and (9) that this Court schedule a final hearing (the "Final Hearing") to be held within 45 days of the entry of this Interim Order to consider entry of a final order (the "Final Order") approving the relief granted herein on a final basis. Due and appropriate notice of the Motion, the relief requested therein and the Interim Hearing having been served by the Debtors on the Pre -Petition Agent and its counsel, the Second Lien Notes Trustee, counsel to Wilmington Trust Company as Indenture Trustee, counsel to any ad hoc committees, counsel to PNC Bank, as Administrator under the Debtors' prepetition accounts receivable securitization facility, the United Mine Workers of America, the Debtors' 50 largest unsecured creditors, the Office of the United States Trustee for the Eastern District of no