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Case 16-42529 Doc 108 Filed 04/14/16 Entered 04/14/16 17:28:56 Main Document <br />Pg 32 of 70 <br />remedies under the DIP Documents (which hearing must take place within the Default Notice <br />Period), the only issue that may be raised by any party in opposition thereto shall be whether, in <br />fact, an Event of Default has occurred and is continuing, and the Debtors and the Pre -Petition <br />Secured Parties hereby waive their right to and shall not be entitled to seek relief, including, <br />without limitation, under section 105 of the Bankruptcy Code, to the extent that such relief <br />would in any way impair or restrict the rights and remedies of the DIP Agent or the DIP Lenders <br />set forth in this Interim Order or the DIP Documents. In no event shall the DIP Agent, the DIP <br />Lenders or the Pre -Petition Secured Parties (solely in the case of the Pre -Petition Secured Parties, <br />subject to entry of the Final Order) be subject to the equitable doctrine of "marshaling" or any <br />similar doctrine with respect to the Collateral. Further, subject only to and effective upon entry <br />of the Final Order, in no event shall the "equities of the case" exception in section 552(b) of the <br />Bankruptcy Code apply to the secured claims of the Pre -Petition Secured Parties. <br />(c) No rights, protections or remedies of the DIP Agent or the DIP Lenders <br />granted by the provisions of this Interim Order or the DIP Documents shall be limited, modified <br />or impaired in any way by (i) any actual or purported withdrawal of the consent of any party to <br />the Debtors' authority to continue to use Cash Collateral, (ii) any actual or purported termination <br />of the Debtors' authority to continue to use Cash Collateral or (iii) the terms of any other order or <br />stipulation related to the Debtors' continued use of Cash Collateral or the provision of adequate <br />protection to any party. <br />(d) Neither the DIP Agent nor the DIP Lenders (each in their capacities as <br />such) shall be subject to any obligations under the ICA. None of the DIP Credit Agreement, the <br />DIP Documents, or the DIP Obligations shall be subject to the terms of the ICA. <br />32 <br />