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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 8 of 70 <br />2. Jurisdiction. This Court has core jurisdiction over the Cases, this Motion, and <br />the parties and property affected hereby pursuant to 28 U.S.C. §§ 157(b) and 1334. Venue is <br />proper before this Court pursuant to 28 U.S.C. §§ 1408 and 1409. <br />Notice. Proper, timely, adequate and sufficient notice of the Motion has been <br />provided in accordance with the Bankruptcy Code, the Bankruptcy Rules and the Local Rules, <br />and no other or further notice of the Motion or the entry of this Interim Order shall be required. <br />The interim relief granted herein is necessary to avoid immediate and irreparable harm to the <br />Debtors and their estates pending the Final Hearing. <br />4. Debtors' Stipulations. Without prejudice to the rights of any other party and <br />subject in all respects to the limitations thereon contained in paragraphs 4(1), 18(e) and 20 <br />below, the Debtors admit, stipulate and agree that: <br />(a) as of the filing of the Debtors' chapter 11 petitions (the "Petition Date"), <br />the Debtors were indebted and liable to the First Lien Secured Parties and the Second Lien <br />Secured Parties, without defense, counterclaim or offset of any kind, as follows: <br />(i) the Borrower is indebted to the First Lien Secured Parties, as <br />applicable, in the aggregate principal amount of approximately $2,117,000,000 in <br />respect of loans made and in the aggregate principal amount of approximately <br />$675,000,000 in respect of issued letters of credit (the "Existing R/C Letters of <br />Credit") and amounts owed in respect of any other Secured Obligations (as <br />defined in the Pre -Petition Credit Agreement), in each case, by the First Lien <br />Secured Parties pursuant to, and in accordance with the terms of, the Existing <br />Credit Documents, plus accrued and unpaid interest thereon and fees, expenses <br />(including any attorneys', accountants', appraisers' and financial advisors' fees <br />
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