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Case 16-42529 Doc 191 Filed 04/18/16 Entered 04/18/16 15:52:23 Main Document <br />Pg 5 of 9 <br />7. If a Repudiating Vendor refuses to perform its postpetition obligations pursuant <br />to a contract with one or more of the Debtors because the Debtors have not paid that Repudiating <br />Vendor's prepetition claim, the Debtors are authorized to pay such claim provisionally (and such <br />payment will not count against the Essential Suppliers Cap) (a "Provisional Payment"), provided that, <br />within ten days of payment, the Debtors file a Notice of Repudiating Vendor and seek the entry of an <br />Order to Show Cause as set forth in paragraph 8 below. <br />8. If a Repudiating Vendor refuses to perform its postpetition obligations pursuant <br />to a contract with one or more of the Debtors, the Debtors may (whether or not they made a <br />Provisional Payment as described above): (a) file a Notice of Repudiating Vendor, substantially in the <br />form of the notice attached to the Motion as Exhibit A, (i) setting forth the Debtors' belief that the <br />vendor is in violation of the Bankruptcy Code through its failure to perform under a prepetition <br />agreement, (ii) identifying the name of the vendor and the identity of the agreement in question and (iii) <br />if any Provisional Payments were made, stating the amounts and date of such Provisional Payments; <br />and (b) seek the entry of an Order to Show Cause, substantially in the form attached to the Motion as <br />Exhibit B, which shall require the Repudiating Vendor to appear before the Court to show why it <br />should not be (i) found to have willfully violated sections 362 and 365 of the Bankruptcy Code and <br />(ii) required to return any Provisional 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-possession <br />financing to receive, process, honor and pay all checks presented for payment of, and to honor all fund <br />transfer requests made by the Debtors related to, Essential Supplier Payments and Provisional <br />Payments, whether such checks were presented or fund transfer requests were submitted prior to or <br />after the Petition Date, provided that sufficient funds are available and standing in the Debtors' credit <br />-5- <br />