Laserfiche WebLink
Case 16-42529 Doc 191 Filed 04/18/16 Entered 04/18/16 15:52:23 Main Document <br />Pg4of9 <br />Essential Supplier Payment, the corresponding prepetition claim of the Essential Supplier will be <br />reinstated in the amount recovered by the Debtors. <br />5. The Debtors shall implement and provide notice of the conditions set forth in <br />paragraphs 3 and 4 above as follows: <br />(a) The Debtors may require an Essential Supplier to execute an agreement <br />(a "Trade Agreement") prior to its receipt of an Essential Supplier Payment that <br />(i) confirms that the Essential Supplier agrees to be bound by the terms set forth <br />above, (ii) confirms that the Essential Supplier has received and agrees to be <br />bound by this Order and (iii) contains such other terms and conditions as the <br />Debtors believe proper, including confidentiality provisions. <br />(b) If no Trade Agreement is executed, any payment pursuant to which an Essential <br />Supplier Payment is made will be accompanied by (i) a notice from the Debtors <br />explaining that acceptance of the payment by the Essential Supplier constitutes <br />its agreement to provide the Customary Trade Terms and explaining the <br />consequences of its failure to comply with such agreement and (ii) a copy of this <br />Order. <br />6. The Debtors shall maintain a matrix (the "Essential Supplier Payment Matrix") <br />containing (i) the name of each Essential Supplier that receives an Essential Supplier Payment, (ii) the <br />amount of each such payment and (iii) a brief description of the goods or services provided by the <br />Essential Supplier for which the Essential Supplier Payment was made. The Debtors shall provide the <br />Essential Supplier Payment Matrix to (x) bi-weekly, one week in arrears, until a final order is entered <br />granting the relief requested in the Motion and (y) monthly, one week in arrears, thereafter (a) the <br />United States Trustee for the Eastern District of Missouri; (b) counsel to any official committee of <br />unsecured creditors that may be appointed in these chapter 11 cases; and (c) counsel to the lenders <br />under the Debtors' proposed debtor in possession secured credit facility. Recipients of the Essential <br />Supplier Payment Matrix shall keep the Essential Supplier Payment Matrix strictly confidential and <br />shall not disclose the Essential Supplier Payment Matrix or any portion thereof to any individual or <br />entity without the Debtors' prior written consent. <br />In <br />