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2016-04-25_GENERAL DOCUMENTS - C1982056 (19)
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2016-04-25_GENERAL DOCUMENTS - C1982056 (19)
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Entry Properties
Last modified
8/24/2016 6:21:06 PM
Creation date
4/26/2016 2:26:13 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1982056
IBM Index Class Name
General Documents
Doc Date
4/25/2016
Doc Name
Amended Interim Order Authorizing Debtors to Obtain Post Petition Financing Pursuant to 11
From
United State Bankruptcy
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
MPB
JRS
JLE
Media Type
D
Archive
No
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Case 16-42529 Doc 149 Filed 04/15/16 Entered 04/15/16 16:16:59 Main Document <br />Pg 18 of 71 <br />arrangements and of the use of the Pre -Petition Collateral (including the Cash Collateral) are fair <br />and reasonable, reflect the Debtors' prudent exercise of business judgment and constitute <br />reasonably equivalent value and fair consideration for the use of Cash Collateral; provided that <br />nothing in this Interim Order or the other DIP Documents shall (x) be construed as the <br />affirmative consent by any of the Pre -Petition Secured Parties for the use of Cash Collateral <br />other than on the terms set forth in this Interim Order and in the context of the DIP Financing <br />authorized by this Interim Order, (y) be construed as a consent by any party to the terms of any <br />other financing or any other lien encumbering the Pre -Petition Collateral (whether senior or <br />junior) or (z) prejudice, limit or otherwise impair the rights of any of the Pre -Petition Secured <br />Parties, subject to any applicable provisions of the ICA, to seek new, different or additional <br />adequate protection or assert the interests of any of the Pre -Petition Secured Parties and nothing <br />herein prejudices, limits, or otherwise impairs the rights of any party in interest to oppose such <br />relief. <br />(i) The Debtors have requested entry of this Interim Order pursuant to <br />Bankruptcy Rules 4001(b)(2) and 4001(c)(2). Absent granting the relief set forth in this Interim <br />Order, the Debtors' estates will be immediately and irreparably harmed. Consummation of the <br />DIP Financing and the use of Pre -Petition Collateral, including Cash Collateral, in accordance <br />with this Interim Order and the DIP Documents are therefore in the best interests of the Debtors' <br />estates. <br />6. Authorization of the DIP Financing and the DIP Documents. <br />(a) The Debtor Loan Parties are hereby authorized to, and authorized to cause <br />Global Center to, enter into and perform all obligations under the DIP Documents. The <br />Borrower is hereby authorized to borrow money and obtain letters of credit pursuant to the DIP <br />IN <br />
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