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Case 16-42529 Doc 149 Filed 04/15/16 Entered 04/15/16 16:16:59 Main Document
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<br />(a) Pursuant to section 364(c)(1) of the Bankruptcy Code, all of the DIP
<br />Obligations shall constitute allowed claims against the Debtor Loan Parties (without the need to
<br />file any proof of claim) with priority over any and all administrative expenses, diminution in
<br />value claims (including all Adequate Protection Obligations) and all other claims against the
<br />Debtor Loan Parties, now existing or hereafter arising, of any kind whatsoever, including,
<br />without limitation, all administrative expenses of the kind specified in sections 503(b) and 507(b)
<br />of the Bankruptcy Code, and over any and all administrative expenses or other claims arising
<br />under sections 105, 326, 328, 330, 331, 365, 503(b), 506(c) (subject to entry of the Final Order
<br />and without prejudice to paragraph 27(c) of this Interim Order), 507(a), 507(b), 726, 1113 or
<br />1114 of the Bankruptcy Code (collectively the "DIP Superpriority Claims"), whether or not
<br />such expenses or claims may become secured by a judgment lien or other non-consensual lien,
<br />levy or attachment, which allowed claims shall for purposes of section 1129(a)(9)(A) of the
<br />Bankruptcy Code be considered administrative expenses allowed under section 503(b) of the
<br />Bankruptcy Code and shall be payable from and have recourse to all pre- and post-petition
<br />property of the Debtor Loan Parties, including, without limitation, any and all cash and cash
<br />collateral of the Debtor Loan Parties (whether maintained with the DIP Agent or otherwise) and
<br />any investment of such cash and cash collateral, inventory, accounts receivable, other rights to
<br />payment whether arising before or after the Petition Date (including, without limitation, post-
<br />petition intercompany claims against the Debtor Loan Parties and their non -Debtor affiliates),
<br />contracts, properties, plants, fixtures, machinery, equipment, general intangibles, documents,
<br />instruments, securities, chattel paper, interests in leaseholds, real properties, deposit accounts,
<br />patents, copyrights, trademarks, trade names, rights under license agreements, other intellectual
<br />property, capital stock of subsidiaries, wherever located, and the proceeds, products, rents, and
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