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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 />Pg9of71 <br />defined in the Pre -Petition Credit Agreement), in each case, by the First Lien <br />Secured Parties pursuant to, and in accordance with the terms of, the Existing <br />Credit Documents, plus accrued and unpaid interest thereon and fees, expenses <br />(including any attorneys', accountants', appraisers' and financial advisors' fees <br />that are chargeable or reimbursable under the Existing Credit Documents), <br />amounts, charges, costs, indemnities and other obligations incurred in connection <br />therewith as provided under the Existing Credit Documents) (collectively, the <br />"Pre -Petition First Lien Debt"), which Pre -Petition First Lien Debt is <br />guaranteed on a joint and several basis by all of the other Debtors (excluding <br />Debtors Four Star Holdings, LLC; Kentucky United Coal, LLC; Midwest Coal <br />Reserves of Kentucky, LLC; Peabody Asset Holdings, LLC; Peabody China, <br />LLC; Peabody Holdings (Gibraltar) Limited; Peabody IC Funding Corporation; <br />Peabody IC Holdings, LLC; Peabody Mongolia, LLC; PG Investment Six, LLC; <br />Seneca Property, LLC; Southwest Coal Holdings, LLC; Twentymile Equipment <br />Company, LLC; United Minerals Company, LLC) (collectively, the "Pre - <br />Petition Guarantors") under the terms of the applicable Existing Credit <br />Documents and, subject to the "Principal Property Cap" as defined in the Pre - <br />Petition Credit Agreement) where applicable, is secured by first -priority liens on <br />and security interests in the Senior Collateral (as defined in that certain First <br />Lien/Second Lien lntercreditor Agreement dated as of March 16, 2015 among the <br />Prepetition Agent, the Second Lien Notes Trustee, the Borrower and the Pre - <br />Petition Guarantors (as heretofore amended, supplemented or otherwise modified <br />in accordance with the terms thereof, the "ICA")) of the Borrower and the Pre - <br />Es <br />
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