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Case 16-42529 Doc 149 Filed 04/15/16 Entered 04/15/16 16:16:59 Main Document
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<br />other claims, counterclaims or causes of action, objections, contests or defenses (collectively,
<br />"Challenge Proceedings") against any of the Pre -Petition Secured Parties or (x) their
<br />respective predecessors, successors and assigns, affiliates, subsidiaries, funds, portfolio
<br />companies, management companies, and (y) with respect to each of the foregoing entities in
<br />clause (x), each of their respective current and former directors, officers, members, employees,
<br />partners, managers, independent contractors, agents, representatives, principals, Professionals,
<br />consultants, financial advisors, attorneys, accountants, investment bankers, and other
<br />professional advisors (with respect to clause (y), each solely in their capacity as such) (each
<br />entity listed in clauses (x) and (y) a "Representative" and, collectively, the
<br />"Representatives") in connection with matters related to the Existing Secured Agreements, the
<br />Stipulated Debt, and the Prepetition Collateral and (b) there is a final non -appealable order in
<br />favor of the plaintiff sustaining any such Challenge Proceeding; provided that any pleadings
<br />filed in any Challenge Proceeding shall set forth with specificity the basis for such challenge or
<br />claim and any challenges or claims not so specified prior to the expiration of the Challenge
<br />Period shall be deemed forever waived, released and barred. If no such Challenge Proceeding
<br />matter is timely and properly filed during the Challenge Period or the Court does not rule in
<br />favor of the plaintiff in any such proceeding then: (a) the Debtors' stipulations, admissions,
<br />agreements and releases contained in this Interim Order, including, without limitation, those
<br />contained in paragraph 4 of this Interim Order shall be binding on all parties in interest,
<br />including, without limitation, the Creditors' Committee; (b) notwithstanding any reservations
<br />of rights contained in this Interim Order, the obligations of the Borrower and the Debtor
<br />Guarantors under the Existing Secured Agreements, including the Stipulated Debt, shall
<br />constitute allowed claims not subject to defense, claim, counterclaim, recharacterization,
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