Laserfiche WebLink
Case 16-42529 Doc 108 Filed 04114/16 Entered 04/14/16 17:28:56 Main Document <br />Pg 33 of 70 <br />10. Limitation on Charging Expenses Against Collateral. Except to the extent of <br />the Fees Carve -Out, and effective upon entry of this Interim Order with respect to the <br />Collateral of the DIP Agent and DIP Lenders, and subject only to and effective upon entry of <br />the Final Order with respect to the Pre -Petition Collateral and Collateral of the Pre -Petition <br />Secured Parties and without prejudice to paragraph 27(c) of this Interim Order, no expenses of <br />administration of the Cases or any future proceeding that may result therefrom, including <br />liquidation in bankruptcy or other proceedings under the Bankruptcy Code, shall be charged <br />against or recovered from the Collateral or the Pre -Petition Collateral (including Cash <br />Collateral) pursuant to section 506(c) of the Bankruptcy Code or any similar principle of law, <br />without the express prior written consent of the DIP Agent and the Pre -Petition Agent as the <br />case may be, and no such consent shall be implied from any other action, inaction, or <br />acquiescence by the DIP Agent, the DIP Lenders, or any of the Pre -Petition Secured Parties. <br />11. 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 />33 <br />