2016-04-25_GENERAL DOCUMENTS - C1982056 ‎(19)‎

• 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
• Email Name: JRS
• Email Name: JLE
• Media Type: D
• Archive: No

Case 16-42529 Doc 149 Filed 04/15/16 Entered 04/15/16 16:16:59 Main Document
Pg 27 of 71
L/C Issuer to amounts held in the Bonding Facility Letter of Credit Account and with respect
to the claims of the L/C Facility L/C Issuer to amounts held in the L/C Facility Letter of Credit
Account, and the payment of the Fees Carve -Out and the Bonding Carve -Out (all such liens
and security interests granted to the DIP Agent, for its benefit and for the benefit of the DIP
Lenders, pursuant to this Interim Order and the DIP Documents, the "DIP Liens"):
(a) First Lien on Unencumbered Property. Pursuant to section 364(c)(2) of
the Bankruptcy Code, a valid, binding, continuing, enforceable, fully -perfected first priority
senior security interest in and lien upon all tangible and intangible pre- and post-petition property
of the Debtor Loan Parties, whether existing on the Petition Date or thereafter acquired, that, on
or as of the Petition Date is not subject to valid, perfected and non -avoidable liens (collectively,
"Unencumbered Property"), including, without limitation, any and all unencumbered cash of
the Debtor Loan Parties (whether maintained with the DIP Agent or otherwise) and any
investment of such cash and cash collateral, inventory, accounts receivable, other rights to
payment whether arising before or after the Petition Date (including, without limitation, post-
petition intercompany claims against the Debtor Loan Parties and their non -Debtor affiliates),
contracts, properties, plants, fixtures, machinery, equipment, general intangibles, documents,
instruments, securities, chattel paper, interests in leaseholds, real properties, deposit accounts,
patents, copyrights, trademarks, trade names, rights under license agreements, other intellectual
property, capital stock of subsidiaries, wherever located, and the proceeds, products, rents, and
profits of all the foregoing, whether arising under section 552(b) of the Bankruptcy Code or
otherwise, in each case other than (i) the Excluded Assets, but including any proceeds of
Excluded Assets and (ii) Avoidance Actions, but, subject only to and effective upon entry of the
Final Order, including any Avoidance Proceeds;
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