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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 47 of 70 <br />expenses) of any stalking horse bidder up to an amount not to exceed 3.00% of the purchase <br />price of such Real Property Lease, if necessary, and may make any such payments on behalf of <br />such Debtor Loan Party, and any amount used by the DIP Agent to make such payments shall, at <br />the election of the DIP Agent in its sole discretion, be deemed a Borrowing (as defined in the <br />DIP Credit Agreement) under the DIP Credit Agreement, (d) notify the Debtor Loan Parties of <br />the selection of any replacement lessee pursuant to this Paragraph 17(a), upon receipt of which <br />the Debtors shall promptly (1) file a motion seeking expedited relief and a hearing on the earliest <br />court date available for purposes of, if necessary, assuming such Real Property Lease and <br />assigning it to such assignee and, and (2) cure any defaults, that have occurred and are <br />continuing under such Real Property Lease(s) to the extent required by the Court (subject to the <br />DIP Lenders' right to cure defaults as set forth in Paragraph 17(e) of this Interim Order); or <br />(iii) (a) direct any Debtor Loan Party that is a lessee under a Real <br />Property Lease to assign such Real Property Lease to the DIP Agent, on behalf of itself and the <br />DIP Lenders, as collateral for the DIP Obligations, (b) direct such Debtor Loan Party lessee to <br />assume such Real Property Lease to the extent assumption is required under the Bankruptcy <br />Code as a prerequisite to such assignment; and (c) notify the Debtor Loan Parties of the selection <br />of any replacement lessee pursuant to this Paragraph 17(a), upon receipt of which the Debtor <br />Loan Parties shall promptly (1) file a motion seeking expedited relief and a hearing on the <br />earliest court date available for purposes of, if necessary, assuming such Real Property Lease and <br />assigning it to the DIP Agent and, and (2) cure any defaults, if any, that have occurred and are <br />continuing under such Real Property Lease(s) to the extent required by the Court; provided, that <br />any assignment of any such Real Property Lease(s) as Collateral securing the DIP Obligations <br />shall not impair the Debtors' ability to subsequently assume (if not already assumed) and assign <br />47 <br />
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