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Case 16-42529 Doc 191 Filed 04/18/16 Entered 04/18/16 15:52:23 Main Document <br />Pg3of9 <br />days following the Petition Date (the "Interim Period"), the Debtors shall pay Essential Supplier <br />Claims only to the extent such obligations (a) are currently due and owing and (b) have been <br />determined by the Debtors in their discretion to be necessary to prevent immediate and irreparable <br />harm to the Debtors' estates. Nothing in this paragraph shall be construed as requiring the Debtors to <br />make a payment to a particular creditor or claimant. <br />3. Each recipient of an Essential Supplier Payment shall be required, to the extent <br />applicable, to provide the Debtors with: (a) the continuance of the parties' existing business <br />relationship, including, but not limited to, the acceptance and fulfillment (including the production and <br />delivery of goods) of purchase orders and releases under such purchase orders; (b) other business terms <br />on a postpetition basis (consistent with past practices), including the pricing of goods and services and <br />the provision of equivalent levels of service, on terms at least as favorable as those extended prior to <br />the Petition Date, or on such other terms that are acceptable to the Debtors in their discretion; and <br />(c) the release to the Debtors as requested of goods (or goods on which services were performed) or <br />other assets of the Debtors in the Essential Supplier's possession (collectively, the "Customary Trade <br />Terms"). The Customary Trade Terms shall be applicable throughout the pendency of the Debtors' <br />chapter 11 cases. <br />4. If an Essential Supplier accepts an Essential Supplier Payment and fails to <br />provide the Debtors with the requisite Customary Trade Terms, then: (a) any Essential Supplier <br />Payment received by the Essential Supplier shall be deemed an unauthorized postpetition transfer <br />under section 549 of the Bankruptcy Code that the Debtors may either (i) recover from the Essential <br />Supplier in cash or goods or (ii) at the Debtors' option, apply against any outstanding claim (including <br />any outstanding administrative claim) held by such Essential Supplier; and (b) upon recovery of any <br />-3- <br />