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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 32 of 71 <br />Notice Period"). Upon receipt, the Debtors shall promptly distribute such notice to the U.S. <br />Trustee and counsel to (i) the Pre -Petition Agent, (ii) the Second Lien Notes Trustee, (iii) <br />counsel to the Specified Lenders (iv) the Administrator for the A/R Securitization Facility and <br />(v) counsel to the Creditors' Committee. In any hearing regarding any exercise of rights or <br />remedies under the DIP Documents (which hearing must take place within the Default Notice <br />Period), the only issue that may be raised by any party in opposition thereto shall be whether, in <br />fact, an Event of Default has occurred and is continuing, and the Debtors and the Pre -Petition <br />Secured Parties hereby waive their right to and shall not be entitled to seek relief, including, <br />without limitation, under section 105 of the Bankruptcy Code, to the extent that such relief <br />would in any way impair or restrict the rights and remedies of the DIP Agent or the DIP Lenders <br />set forth in this Interim Order or the DIP Documents. In no event shall the DIP Agent, the DIP <br />Lenders or the Pre -Petition Secured Parties (solely in the case of the Pre -Petition Secured Parties, <br />subject to entry of the Final Order) be subject to the equitable doctrine of "marshaling" or any <br />similar doctrine with respect to the Collateral. Further, subject only to and effective upon entry <br />of the Final Order, in no event shall the "equities of the case" exception in section 552(b) of the <br />Bankruptcy Code apply to the secured claims of the Pre -Petition Secured Parties. <br />(c) No rights, protections or remedies of the DIP Agent or the DIP Lenders <br />granted by the provisions of this Interim Order or the DIP Documents shall be limited, modified <br />or impaired in any way by (i) any actual or purported withdrawal of the consent of any party to <br />the Debtors' authority to continue to use Cash Collateral, (ii) any actual or purported termination <br />of the Debtors' authority to continue to use Cash Collateral or (iii) the terms of any other order or <br />stipulation related to the Debtors' continued use of Cash Collateral or the provision of adequate <br />protection to any party. <br />32 <br />
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