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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 />(i) the execution, delivery and performance of the DIP Credit
<br />Agreement and any exhibits attached thereto, all related or ancillary documents and agreements,
<br />including all security and pledge agreements, and any mortgages contemplated thereby
<br />(collectively, and together with the letter agreements referred to in clause (iii) below, in each
<br />case, as may be amended, supplemented or otherwise modified pursuant to their respective
<br />terms, the "DIP Documents"),
<br />(ii) the execution and delivery of, and performance under, one or more
<br />amendments, waivers, consents or other modifications in each case in accordance with the DIP
<br />Documents and subject to this Order in such form as the Debtor Loan Parties, the DIP Agent and
<br />the Required Lenders, the Supermajority Required Lenders or each DIP Lender, as applicable,
<br />may agree, it being understood that no further approval of the Court shall be required for
<br />authorizations, amendments, waivers, consents or other modifications to and under the DIP
<br />Documents (and any fees, paid -in-kind fees and other expenses (including any attorneys',
<br />accountants', appraisers' and financial advisors' fees), amounts, charges, costs, indemnities and
<br />other obligations paid in connection therewith), so long as they do not shorten the maturity of the
<br />extensions of credit thereunder or increase the commitments, modify the rate or timing of
<br />payments of interest or the letter of credit fees payable thereunder;
<br />(iii) the non-refundable payment to the DIP Agent, the Lead Arranger
<br />and/or the DIP Lenders, as the case may be, of all fees (which fees shall be, and shall be deemed
<br />to have been, approved upon entry of this Interim Order and upon payment thereof, shall not be
<br />subject to any contest, attack, rejection, recoupment, reduction, defense, counterclaim, offset,
<br />subordination, recharacterization, avoidance or other claim, cause of action or other challenge of
<br />any nature under the Bankruptcy Code, under applicable non -bankruptcy law or otherwise) and
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