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Case 16-42529 Doc 108 Filed 04/14/16 Entered 04/14/16 17:28:56 Main Document <br />Pg 57 of 70 <br />matter is timely and properly filed during the Challenge Period or the Court does not rule in <br />favor of the plaintiff in any such proceeding then: (a) the Debtors' stipulations, admissions, <br />agreements and releases contained in this Interim Order, including, without limitation, those <br />contained in paragraph 4 of this Interim Order shall be binding on all parties in interest, <br />including, without limitation, the Creditors' Committee; (b) notwithstanding any reservations <br />of rights contained in this Interim Order, the obligations of the Borrower and the Debtor <br />Guarantors under the Existing Secured Agreements, including the Stipulated Debt, shall <br />constitute allowed claims not subject to defense, claim, counterclaim, recharacterization, <br />subordination, offset or avoidance, for all purposes in these Cases, and any subsequent chapter <br />7 case(s); (c) the Stipulated Security Interests shall be deemed to have been, as of the Petition <br />Date, legal, valid, binding, perfected, security interests and liens, not subject to <br />recharacterization, subordination, avoidance or other defense; and (d) the Stipulated Debt and <br />the Stipulated Security Interests shall not be subject to any other or further claim or challenge <br />by the Creditors' Committee, any non -statutory committees appointed or formed in these Cases <br />or any other party in interest acting or seeking to act on behalf of the Debtors' estates and any <br />defenses, claims, causes of action, counterclaims and offsets by the Creditors' Committee, any <br />non -statutory committees appointed or formed in these Cases, or any other party acting or <br />seeking to act on behalf of the Debtors' estates, whether arising under the Bankruptcy Code or <br />otherwise, against any of the Pre -Petition Secured Parties and their Representatives arising out <br />of or relating to the Existing Agreements shall be deemed forever waived, released and barred. <br />If any such Challenge Proceeding is timely filed during the Challenge Period, the stipulations, <br />admissions, agreements and releases contained in this Interim Order, including, without <br />limitation, those contained in paragraph 4 of this Interim Order, shall nonetheless remain <br />57 <br />