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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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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 04115116 Entered 04115116 16:16:59 Main Document <br />Pg 61 of 71 <br />(including the Specified Lenders) reserve all rights with respect to (i) the allocation of <br />expenses and operating costs of the Debtors among the Debtors' unencumbered assets and the <br />Collateral of the Pre -Petition Secured Parties and (ii) any past or future transfers of cash or <br />others assets into Global Center or any other non -Debtor. Further, nothing contained in this <br />Interim Order shall prejudice the rights of any party to commence a declaratory judgment <br />action (or any other action) seeking a determination with respect to the CNTA Dispute. <br />22. Priorities Among Pre -Petition Secured Parties. Notwithstanding anything to <br />the contrary herein or in any other order of this Court, in determining the relative priorities and <br />rights of the Pre -Petition Secured Parties (including, without limitation, the relative priorities <br />and rights of the Pre -Petition Secured Parties with respect to the Adequate Protection <br />Obligations granted hereunder), such priorities and rights shall continue to be governed by the <br />Existing Secured Agreements including, without limitation, the ICA. <br />23. Maintenance of Letters of Credit. To the extent permitted by the DIP <br />Documents, the Debtors are authorized to maintain and renew letters of credit issued under the <br />DIP Credit Agreement on an uninterrupted basis, in accordance with the same practices and <br />procedures as were in effect prior to the Petition Date, and to take all actions reasonably <br />appropriate with respect thereto, on an uninterrupted basis and in accordance with the same <br />practices and procedures as were in effect prior to the Petition Date. <br />24. Citi as Collateral Agent. To the extent that (i) Citi, in its capacity as Collateral <br />Agent under the Existing Credit Documents, or (ii) U.S. Bank, National Association, or any <br />successor trustee, in its capacity as Collateral Agent under the Existing Second Lien Indenture <br />Documents, is listed as loss payee under the Debtors' insurance policies as required under the <br />Existing Credit Documents and Existing Second Lien Indenture Documents or is the secured <br />61 <br />
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