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2016-04-25_GENERAL DOCUMENTS - C200987
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2016-04-25_GENERAL DOCUMENTS - C200987
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Entry Properties
Last modified
8/24/2016 6:21:09 PM
Creation date
4/26/2016 1:22:49 PM
Metadata
Fields
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 56 of 70 <br />of 60 days after entry of the Final Order and (ii) and such later date (x) as has been agreed to, <br />in writing, by the applicable Pre -Petition Agent or the Second Lien Notes Trustee, as <br />applicable, that would be a defendant in its sole discretion or (y) as has been ordered by the <br />Court upon a motion filed and served within any applicable period of time set forth in this <br />paragraph (the "Challenge Period"), (i) challenging the amount, validity, perfection, <br />enforceability, priority or extent of the Prepetition Secured Debt or the Prepetition Secured <br />Parties' liens on the Prepetition Collateral or (ii) otherwise asserting or prosecuting any action <br />for preferences, fraudulent transfers or conveyances, other avoidance power claims or any <br />other claims, counterclaims or causes of action, objections, contests or defenses (collectively, <br />"Challenge Proceedings") against any of the Pre -Petition Secured Parties or (x) their <br />respective predecessors, successors and assigns, affiliates, subsidiaries, funds, portfolio <br />companies, management companies, and (y) with respect to each of the foregoing entities in <br />clause (x), each of their respective current and former directors, officers, members, employees, <br />partners, managers, independent contractors, agents, representatives, principals, Professionals, <br />consultants, financial advisors, attorneys, accountants, investment bankers, and other <br />professional advisors (with respect to clause (y), each solely in their capacity as such) (each <br />entity listed in clauses (x) and (y) a "Representative" and, collectively, the <br />"Representatives") in connection with matters related to the Existing Secured Agreements, the <br />Stipulated Debt, and the Prepetition Collateral and (b) there is a final non -appealable order in <br />favor of the plaintiff sustaining any such Challenge Proceeding; provided that any pleadings <br />filed in any Challenge Proceeding shall set forth with specificity the basis for such challenge or <br />claim and any challenges or claims not so specified prior to the expiration of the Challenge <br />Period shall be deemed forever waived, released and barred. If no such Challenge Proceeding <br />56 <br />
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