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2016-04-25_GENERAL DOCUMENTS - C200987
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2016-04-25_GENERAL DOCUMENTS - C200987
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Last modified
8/24/2016 6:21:09 PM
Creation date
4/26/2016 1:22:49 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C2009087
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
JLE
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 52 of 70 <br />provisions of the DIP Credit Agreements) and the Adequate Protection Obligations shall have <br />been paid in full, the Debtors shall not seek, and it shall constitute an Event of Default (in <br />addition to those Events of Default set forth in the DIP Credit Agreement) and terminate the right <br />of the Debtors to use any and all Cash Collateral if the Debtors seek or if there are entered, (i) <br />any material modifications, amendments or any extensions of this Interim Order in a manner <br />adverse to the DIP Agent and DIP Lenders, without the prior written consent of the DIP Agent, <br />and no such consent shall be implied by any other action, inaction or acquiescence by the DIP <br />Agent; (ii) an order dismissing the Cases or converting any of the Cases to a case under chapter 7 <br />of the Bankruptcy Code; (iii) an order appointing any chapter 1 l trustee or an examiner with <br />enlarged powers (powers beyond those set forth in sections 1106(a)(3) and (4) of the Bankruptcy <br />Code) in the Cases without the prior written consent of the Required Lenders; (iv) an order <br />appointing an examiner under section 1104 (other than a fee examiner) of the Bankruptcy Code <br />without the prior written consent of the Required Lenders, or the Debtors acquiesce in or consent <br />to any such appointment; (v) an order in any of the Cases denying or terminating use of cash <br />collateral by any of the Debtors if such order remains unstayed for more than three business days <br />following its entry; (vi) an order (that is not otherwise stayed, reversed, overturned, withdrawn or <br />settled within five days of the entry of such order) in any of the Cases granting relief from any <br />stay of proceeding (including, without limitation, the automatic stay) so as to allow a third party <br />to proceed against any material assets of the Loan Parties in excess of $10 million; (vii) a final, <br />non -appealable order in the Cases charging any of the Collateral under section 506(c) of the <br />Bankruptcy Code against the DIP Agent or DIP Lenders without the consent of the DIP Agent, <br />or the commencement of other actions materially adverse to the DIP Agent's or DIP Lenders' <br />rights and remedies under the applicable DIP Documents or otherwise inconsistent with the <br />52 <br />
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