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2016-04-25_GENERAL DOCUMENTS - C1994082 (15)
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2016-04-25_GENERAL DOCUMENTS - C1994082 (15)
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Entry Properties
Last modified
8/24/2016 6:21:08 PM
Creation date
4/26/2016 1:39:59 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1994082
IBM Index Class Name
General Documents
Doc Date
4/25/2016
Doc Name
Amended Interim Order Granting in Part and Continuing in Part
From
United State Bankruptcy
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
JRS
MPB
JHB
Media Type
D
Archive
No
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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 />
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