2016-04-25_GENERAL DOCUMENTS - C1992081 ‎(19)‎

• Permit No: C1992081
• 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
• Email Name: JRS
• Email Name: JHB
• Media Type: D
• Archive: No

Case 16-42529 Doc 149 Filed 04/15/16 Entered 04/15/16 16:16:59 Main Document
Pg 14 of 71
instruments or other documents related thereto, in each case that the Debtors at any time had,
now have or may have, or that their successors or assigns hereafter can or may have against any
of the Released Parties for or by reason of any act, omission, matter, cause or thing whatsoever
arising at any time on or prior to the date of this Interim Order, whether such Released Claims
are matured or unmatured or known or unknown or contingent, liquidated or unliquidated;
(1) Notwithstanding anything to the contrary herein except and subject to (i)
paragraph 13(i) of this Interim Order and (ii) paragraph 19 of this Interim Order with respect to
whether any cash as of the Petition Date constitutes cash collateral (as that term is defined in
section 363(a) of the Bankruptcy Code), nothing in this Interim Order prejudices the rights,
claims or defenses of any party in interest (including the Specified Lenders') with respect to the
CNTA Dispute (as defined in the DIP Credit Agreement) or whether any cash as of the Petition
Date constitutes cash collateral (as that term is defined in section 363(a) of the Bankruptcy
Code). The Pre -Petition Secured Parties, the Debtors and all other parties in interest (including
the Specified Lenders) reserve all rights, claims and defenses with respect to the CNTA Dispute
and whether any cash as of the Petition Date constitutes cash collateral (as that term is defined in
section 363(a) of the Bankruptcy Code).
5. Findings Regarding the DIP Financing.
(a) Good cause has been shown for the entry of this Interim Order.
(b) The Debtor Loan Parties have an immediate need to obtain the DIP
Financing, and the Debtors have an immediate need to continue to use Cash Collateral to permit,
among other things, the orderly continuation of the operation of their businesses; to maintain
business relationships with vendors, suppliers and customers; to make payroll; to make capital
expenditures; to fulfill other bonding and regulatory requirements; to pay the Adequate
10