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Case 16-42529 Doc 123 Filed 04/15/16 Entered 04/15/16 13:21:48 Main Document <br />Pg 5 of 9 <br />Repudiating Vendor and seek the entry of an Order to Show Cause as set forth in paragraph 10 <br />below. <br />If a Repudiating Vendor refuses to perform its postpetition obligations <br />pursuant to a contract with one or more of the Debtors, the Debtors may (whether or not they <br />made a Provisional Payment as described above): (a) file a Notice of Repudiating Vendor, <br />substantially in the form of the notice attached to the Motion as Exhibit A, (i) setting forth the <br />Debtors' belief that the vendor is in violation of the Bankruptcy Code through its failure to <br />perform under a prepetition agreement, (ii) identifying the name of the vendor and the identity of <br />the agreement in question and (iii) if any Provisional Payments were made, stating the amounts <br />and date of such Provisional Payments; and (b) seek the entry of an Order to Show Cause, <br />substantially in the form attached to the Motion as Exhibit B, which shall require the Repudiating <br />Vendor to appear before the Court to show why it should not be (i) found to have willfully <br />violated sections 362 and 365 of the Bankruptcy Code and (ii) required to return any Provisional <br />Payment made by the Debtors. <br />9. The Debtors' Banks are authorized when requested by the Debtors in the <br />Debtors' discretion, to the extent permitted by the Debtors' postpetition secured debtor-in- <br />possession financing to receive, process, honor and pay all checks presented for payment of, and <br />to honor all fund transfer requests made by the Debtors related to, Essential Supplier Payments <br />and Provisional Payments, whether such checks were presented or fund transfer requests were <br />submitted prior to or after the Petition Date, provided that sufficient funds are available and <br />standing in the Debtors' credit in the applicable accounts to cover such checks and fund transfers. <br />The Banks are authorized to rely on the Debtors' designation of any particular check or fund <br />transfer as approved by this Order without any duty of further inquiry and without liability for <br />following the Debtors' instructions. <br />-5- <br />