2016-04-25_GENERAL DOCUMENTS - C1982057 (13)

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Case 16-42529 Doc 108 Filed 04/14/16 Entered 04/14/16 17:28:56 Main Document Pg 38 of 70 Loans (as defined in the Pre -Petition Credit Agreement) and the Borrower were able to elect or continue Interest Periods (as defined in the Pre -Petition Credit Agreement) with respect to such Loans in accordance with the Pre -Petition Credit Agreement without the need for any consent or approval from the Pre -Petition Agent or any Pre -Petition Lender, (ii) with respect to each Letter of Credit (as defined in the Pre -Petition Credit Agreement), such fees shall be calculated in accordance with sections 2.03(1) and 0) of the Pre -Petition Credit Agreement and (iii) with respect to each Swap Contract, such interest shall be calculated in accordance with clause (i) above as if such Swap Contract were a Revolving Credit Loan (as defined in the Pre -Petition Credit Agreement) with a three-month Interest Period); provided that the First Lien Secured Parties shall reserve the right to assert claims for the payment of additional interest calculated at any other applicable rate of interest (including, without limitation, default rates), or on any other basis, provided for in the Existing Credit Documents and to the extent permitted by the Bankruptcy Code; provided further that if and only if the Court determines that the First Lien Secured Parties were undersecured as of the Petition Date under section 506(b) of the Bankruptcy Code, then the Creditors' Committee (as defined below), the Debtors, or any other party in interest (including the Specified Lenders) may assert that any payments made in respect of this paragraph 13(d) of this Interim Order or the Final Order in respect of the Pre -Petition Credit Agreement constitute and may be recharacterized as principal repayments on account of the Pre -Petition First Lien Debt or as part of the Pre -Petition Lenders' secured claim. All defenses to any effort to recharacterize such payments are expressly reserved. (e) Liquidity Preservation Period. During a Liquidity Preservation Period (as defined in the DIP Credit Agreement), within five business days after the beginning of such Liquidity Preservation Period, the Debtors shall (i) file with the Bankruptcy Court (x) a c: