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2016-04-25_GENERAL DOCUMENTS - C1982057 (19)
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2016-04-25_GENERAL DOCUMENTS - C1982057 (19)
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Entry Properties
Last modified
8/24/2016 6:21:07 PM
Creation date
4/26/2016 2:26:16 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1982057
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
JHB
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 16 of 71 <br />(e) The First Lien Secured Parties have consented to the Debtor Loan Parties' <br />use of Cash Collateral and the other Pre -Petition Collateral on the terms and conditions provided <br />in this Interim Order, and the Debtor Loan Parties' entry into the DIP Documents in accordance <br />with and subject to the terms and conditions in this Interim Order and the DIP Documents. For <br />the avoidance of doubt, this consent includes without limitation the granting of the DIP Liens on <br />a priming basis under section 364(d) of the Bankruptcy Code. <br />(f) The Second Lien Secured Parties have consented or are deemed under the <br />ICA to have consented to the Loan Parties' use of Cash Collateral and the other Pre -Petition <br />Collateral, and the Loan Parties' entry into the DIP Documents in accordance with and subject to <br />the terms and conditions in this Interim Order and the DIP Documents. For the avoidance of <br />doubt, this consent includes without limitation the granting of the DIP Liens on a priming basis <br />under section 364(d) of the Bankruptcy Code. <br />(g) The DIP Financing as approved herein, as well as the terms of the <br />Adequate Protection Obligations and Adequate Protection Liens have been negotiated in good <br />faith and at arm's length among the Debtors, the DIP Agent, the DIP Lenders, each of the Pre - <br />Petition Secured Parties, and each of their respective Representatives, and all of the Debtor Loan <br />Parties' obligations and indebtedness arising under, in respect of or in connection with the DIP <br />Financing and the DIP Documents, including without limitation, (i) all loans made to, and all <br />letters of credit issued for the account of, the Debtors pursuant to the superpriority secured <br />debtor-in-possession credit agreement substantially in the form attached as Exhibit B to the <br />Motion (the "DIP Credit Agreement"), and (ii) any "Obligations" (as defined in the DIP Credit <br />Agreement) of the Debtor Loan Parties permitted under the DIP Credit Agreement in each case <br />owing to the DIP Agent, any DIP Lender or any of their respective banking affiliates, in <br />16 <br />
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