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2016-04-25_GENERAL DOCUMENTS - C1992081 (13)
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2016-04-25_GENERAL DOCUMENTS - C1992081 (13)
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Last modified
8/24/2016 6:21:07 PM
Creation date
4/26/2016 1:22:41 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1992081
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 40 of 70 <br />DIP Credit Agreement as in effect as of the date of entry of this Interim Order (the "Adequate <br />Protection Milestones") <br />(h) Pre -Petition Secured Lender Reporting. The Pre -Petition Agent, on behalf <br />of itself and the Pre -Petition Lenders, is hereby entitled to receive all financial reporting and <br />other reports and notices delivered by the Borrower to the DIP Agent or any DIP Lender in <br />connection with the DIP Facilities. <br />(i) Principal Property Cap. After the Petition Date, the "Principal Property <br />Cap" (as defined in the Pre -Petition Credit Agreement or the Second Lien Notes Indenture) shall <br />be neither increased nor reduced; provided that except as set forth in this paragraph 13(i), the <br />Debtors, the DIP Agent, the DIP Lenders (including the Specified Lenders), the First Lien <br />Secured Parties and all other parties in interest reserve their rights with respect to the CNTA <br />Dispute, including the interpretation and calculation of the "Principal Property Cap." <br />14. Adequate Protection of Second Lien Secured Parties. The Second Lien Secured <br />Parties are entitled, pursuant to sections 361, 362, 363(e), 364(d)(1) and 507 of the Bankruptcy <br />Code, to adequate protection of their respective interests in the Pre -Petition Collateral, <br />including the Cash Collateral, for and equal in amount to the aggregate diminution in the value <br />of their respective interests in the Pre -Petition Collateral as provided in the Bankruptcy Code, <br />the priming of the Second Lien Noteholders' security interests and liens in the Pre -Petition <br />Collateral by the DIP Agent and the DIP Lenders pursuant to the DIP Documents and this <br />Interim Order and the imposition of the automatic stay pursuant to section 362 of the <br />Bankruptcy Code (the "Noteholder Adequate Protection Claim" and, together with the <br />Senior Lender Adequate Protection Claim, the "Adequate Protection Claims"). As adequate <br />protection, the Second Lien Secured Parties are hereby granted the following (collectively, the <br />
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