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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 04/15/16 Entered 04/15/16 16:16:59 Main Document <br />Pg 67 of 71 <br />in interest in these Cases, including, without limitation, the DIP Agent, the DIP Lenders, the <br />Pre -Petition Secured Parties, any committee appointed in these Cases, and the Debtors and <br />their respective successors and assigns (including any chapter 7 or chapter 11 trustee <br />hereinafter appointed or elected for the estates of the Debtors) and shall inure to the benefit of <br />the DIP Agent, the DIP Lenders, the Pre -Petition Secured Parties, and the Debtors, and their <br />respective successors and assigns; provided, however, that the DIP Agent and the DIP Lenders <br />shall have no obligation to extend any financing to any chapter 7 trustee or similar responsible <br />person appointed for the estates of the Debtors. In determining to make any loan under the <br />DIP Credit Agreements or to exercise any rights or remedies as and when permitted pursuant to <br />this Interim Order or the DIP Documents, the DIP Agent and the DIP Lenders shall not solely <br />by reason thereof be deemed to be in control of the properties or operations of or participating <br />in the management of the Debtors, be deemed to have authority to determine the manner in <br />which any Debtor's operations are conducted or be deemed to be acting as a "responsible <br />person" or "owner or operator" with respect to the operation or management of the Debtors (as <br />such terms, or any similar terms, are used in the United States Comprehensive Environmental <br />Response, Compensation and Liability Act, 42 U.S.C. §§ 9601, et seq., as amended, or any <br />similar federal or state statute). <br />36. Master Proof of Claim. In order to facilitate the processing of claims, to ease <br />the burden upon the Court and to reduce an unnecessary expense to the Debtors' estates, the <br />Pre -Petition Agent is authorized to file in the Debtors' lead chapter 11 case In re Peabody <br />Energy Corporation, et al., (Case No. 16-42529) a single, master proof of claim on behalf of <br />itself and the Pre -Petition Lenders on account of any and all of their respective claims arising <br />under the Existing Credit Documents and hereunder (the "Master Proof of Claim") against <br />67 <br />
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