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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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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 31 of 71 <br />enforcement rights or remedies against any Collateral, including in connection with the Adequate <br />Protection Liens except to the extent authorized by an order of this Court, (ii) be deemed to have <br />consented to any transfer, disposition or sale of, or release of liens on, Collateral, to the extent <br />such transfer, disposition, sale or release is authorized under the DIP Documents, (iii) not file <br />any further financing statements, trademark filings, copyright filings, mortgages, notices of lien <br />or similar instruments, or otherwise take any action to perfect their security interests in the <br />Collateral unless, solely as to this clause (iii), the DIP Agent or DIP Lenders file financing <br />statements or other documents to perfect the liens granted pursuant to this Interim Order, or as <br />may be required by applicable state law to continue the perfection of valid and unavoidable liens <br />or security interests as of the Petition Date and (iv) deliver or cause to be delivered, at the <br />Debtors' cost and expense, any termination statements, releases and/or assignments in favor of <br />the DIP Agent, the DIP Lenders or other documents necessary to effectuate and/or evidence the <br />release, termination and/or assignment of liens on any portion of the Collateral subject to any <br />sale or disposition. <br />(b) The automatic stay provisions of section 362 of the Bankruptcy Code are <br />vacated and modified to the extent necessary to permit the DIP Agent and the DIP Lenders to <br />enforce all of their rights under the DIP Documents (including any cash dominion as provided <br />for in the DIP Documents) and to exercise all rights and remedies under the DIP Documents; <br />provided, that any such rights and remedies that are exercisable only upon an Event of Default <br />(other than the giving of any notice, including the Fees Carve Out Trigger Notice) shall require <br />the giving of five Business Days' prior written notice via email to the Debtors and their lead <br />counsel, with copies to the U.S. Trustee and counsel to the Creditors' Committee (which period <br />shall run concurrently with any notice period provided under the DIP Documents) (the "Default <br />31 <br />
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