Laserfiche WebLink
Case 16-42529 Doc 149 Filed 04/15/16 Entered 04/15/16 16:16:59 Main Document <br />Pg 28 of 71 <br />(b) Liens Priming Prepetition Secured Parties' Liens. Pursuant to section <br />364(d)(1) of the Bankruptcy Code, a valid, binding, continuing, enforceable, fully -perfected first <br />priority senior priming security interest in and lien upon all pre- and post-petition property of <br />Loan Parties (provided that with respect to the property of Peabody Holdings (Gibraltar) <br />Limited, "Collateral" shall only include 65% of the equity interests in non -Debtor Peabody <br />Investments (Gibraltar) Limited) (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 <br />profits of all the foregoing, whether arising under section 552(b) of the Bankruptcy Code or <br />otherwise, in each case other than (i) the Excluded Assets, but including any proceeds of <br />Excluded Assets and (ii) the Avoidance Actions, but, subject only to and effective upon entry of <br />the Final Order, including any Avoidance Proceeds, whether now existing or hereafter acquired, <br />that is subject to the existing liens presently securing the Stipulated Debt (including in respect of <br />issued but undrawn letters of credit). Such security interests and liens shall be senior in all <br />respects to the interests in such property of the Pre -Petition Secured Parties arising from current <br />and future liens of the Pre -Petition Secured Parties (including, without limitation, the Adequate <br />:. <br />