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2016-04-25_GENERAL DOCUMENTS - C1982057 (13)
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2016-04-25_GENERAL DOCUMENTS - C1982057 (13)
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Last modified
8/24/2016 6:21:06 PM
Creation date
4/26/2016 1:22:38 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1982057
IBM Index Class Name
General Documents
Doc Date
4/25/2016
Doc Name
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
JHB
Media Type
D
Archive
No
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Case 16-42529 Doc 108 Filed 04/14/16 Entered 04/14/16 17:28:56 Main Document <br />Pg 34 of 70 <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 />fail to contest in good faith the filing or confirmation of a plan of reorganization that is not an <br />Acceptable Plan; provided that for the avoidance of doubt it shall not constitute a Cash Collateral <br />Termination Event if, without the support of any of the Debtors, any party other than the Debtors <br />seeks to or does confirm such a plan of reorganization; <br />(ii) the earlier of (A) the Maturity Date (as defined in the DIP Credit <br />Agreement), (B) an acceleration of the Maturity Date, or (C) failure to meet any Adequate <br />Protection Milestone (as defined below); <br />Global Center; or <br />(iii) a sale of all or substantially all of the assets of the Debtors or <br />34 <br />
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