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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
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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 53 of 71 <br />Code) in the Cases without the prior written consent of the Required Lenders; (iv) an order <br />appointing an examiner under section 1 104 (other than a fee examiner) of the Bankruptcy Code <br />without the prior written consent of the Required Lenders, or the Debtors acquiesce in or consent <br />to any such appointment; (v) an order in any of the Cases denying or terminating use of cash <br />collateral by any of the Debtors if such order remains unstayed for more than three business days <br />following its entry; (vi) an order (that is not otherwise stayed, reversed, overturned, withdrawn or <br />settled within five days of the entry of such order) in any of the Cases granting relief from any <br />stay of proceeding (including, without limitation, the automatic stay) so as to allow a third party <br />to proceed against any material assets of the Loan Parties in excess of $10 million; (vii) a final, <br />non -appealable order in the Cases charging any of the Collateral under section 506(c) of the <br />Bankruptcy Code against the DIP Agent or DIP Lenders without the consent of the DIP Agent, <br />or the commencement of other actions materially adverse to the DIP Agent's or DIP Lenders' <br />rights and remedies under the applicable DIP Documents or otherwise inconsistent with the <br />applicable DIP Documents; (viii) an order in any of the Cases granting authority to obtain <br />financing under section 364 of the Bankruptcy Code (other than under the DIP Facilities or in the <br />ordinary course of the Borrower's and/or the Guarantors' businesses), unless such financing <br />would, and in fact does, repay in full in cash all DIP Obligations upon consummation thereof; or <br />(ix) an order in any of the Cases granting adequate protection to any other person (except to the <br />extent permitted by the DIP Credit Agreement). Notwithstanding the entry of any order <br />dismissing the Cases under section 1112 of the Bankruptcy Code or otherwise, such order shall <br />provide (in accordance with sections 105 and 349 of the Bankruptcy Code) that (i) the DIP <br />Superpriority Claims, DIP Liens, Adequate Protection Obligations, Adequate Protection Liens, <br />priming liens, security interests, replacement security interests and administrative claims granted <br />53 <br />
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