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2016-04-25_GENERAL DOCUMENTS - C1992081 (19)
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2016-04-25_GENERAL DOCUMENTS - C1992081 (19)
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Entry Properties
Last modified
8/24/2016 6:21:07 PM
Creation date
4/26/2016 2:26:19 PM
Metadata
Fields
Template:
DRMS Permit Index
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
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 47 of 71 <br />group of Real Property Leases to which any of the Debtors are party, be permitted, and is hereby <br />authorized, approved, and granted: <br />(i) to exercise the Debtor Loan Parties' rights pursuant to section <br />365(1) of the Bankruptcy Code with respect to any such Real Property Lease(s) and, subject to <br />this Court's approval after notice and hearing, assign any such Real Property Lease(s) in <br />accordance with section 365 of the Bankruptcy Code notwithstanding any language to the <br />contrary in any of the applicable lease documents or executory contracts; <br />(ii) (a) find an acceptable (in the DIP Agent's good faith and <br />reasonable discretion) replacement lessee, which may include the DIP Agent or any of its <br />affiliates, to whom such Real Property Lease(s) may be assigned, (b) hold, and manage all <br />aspects of, an auction or other bidding process to find such acceptable replacement lessee, (c) in <br />connection with any such auction, agree, on behalf of the Debtor Loan Parties, to a break-up fee <br />or to reimburse reasonable fees and expenses (subject to Court approval of such fees and <br />expenses) of any stalking horse bidder up to an amount not to exceed 3.00% of the purchase <br />price of such Real Property Lease, if necessary, and may make any such payments on behalf of <br />such Debtor Loan Party, and any amount used by the DIP Agent to make such payments shall, at <br />the election of the DIP Agent in its sole discretion, be deemed a Borrowing (as defined in the <br />DIP Credit Agreement) under the DIP Credit Agreement, (d) notify the Debtor Loan Parties of <br />the selection of any replacement lessee pursuant to this paragraph 17(a), upon receipt of which <br />the Debtors shall promptly (1) file a motion seeking expedited relief and a hearing on the earliest <br />court date available for purposes of, if necessary, assuming such Real Property Lease and <br />assigning it to such assignee and, and (2) cure any defaults, that have occurred and are <br />47 <br />
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