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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 56 of 71 <br />(e) Upon the occurrence of an Event of Default, the Debtors agree to enter <br />into good faith negotiations with interested parties in respect of a possible refinancing of the <br />Obligatoins. <br />19. Effect of Stipulations on Third Parties. The Debtors' stipulations, admissions, <br />agreements and releases contained in this Interim Order, including, without limitation, in <br />paragraph 4 of this Interim Order, shall be binding upon the Debtors and any successor thereto <br />(including, without limitation, any chapter 7 or chapter 11 trustee or examiner appointed or <br />elected for any of the Debtors) in all circumstances and for all purposes. The Debtors' <br />stipulations, admissions, agreements and releases contained in this Interim Order, including, <br />without limitation, in paragraph 4 of this Interim Order, shall be binding upon all other parties <br />in interest, including, without limitation, any committee appointed in these Cases and any other <br />person or entity acting on behalf of the Debtors' estates in all circumstances for all purposes, <br />unless and except to the extent that (a) such party in interest has timely filed an adversary <br />proceeding or contested matter (subject to the limitations contained herein, including, inter <br />alia, in paragraphs 19 and 20 of this Interim Order) by the earlier of (i) the date that is the later <br />of 60 days after entry of the Final Order and (ii) and such later date (x) as has been agreed to, <br />in writing, by the applicable Pre -Petition Agent or the Second Lien Notes Trustee, as <br />applicable, that would be a defendant in its sole discretion or (y) as has been ordered by the <br />Court upon a motion filed and served within any applicable period of time set forth in this <br />paragraph (the "Challenge Period"),(i) challenging the amount, validity, perfection, <br />enforceability, priority or extent of the Prepetition Secured Debt or the Prepetition Secured <br />Parties' liens on the Prepetition Collateral or (ii) otherwise asserting or prosecuting any action <br />for preferences, fraudulent transfers or conveyances, other avoidance power claims or any <br />we <br />
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