2016-04-25_GENERAL DOCUMENTS - C1994082 (19)

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Case 16-42529 Doc 149 Filed 04/15/16 Entered 04/15/16 16:16:59 Main Document Pg 45 of 71 any such amendments or modifications including any assertion by the First Lien Secured Parties for the payment of additional interest calculated at any other applicable rate of interest (including, without limitation, default rates or interest upon interest). 16. Perfection of DIP Liens and Adequate Protection Liens. (a) Subject to the provisions of paragraph 9(a) above, the DIP Agent, the DIP Lenders and the Pre -Petition Secured Parties are hereby authorized, but not required, to file or record (and to execute in the name of the Debtor Loan Parties, as their true and lawful attorneys, with full power of substitution, to the maximum extent permitted by law) financing statements, trademark filings, copyright filings, mortgages, notices of lien or similar instruments in any jurisdiction, or take possession of or control over assets, or take any other action, in each case, in order to validate and perfect the liens and security interests granted to them hereunder. Whether or not the DIP Agent on behalf of the DIP Lenders, the Pre -Petition Agent on behalf of the Pre - Petition Lenders, the Second Lien Notes Trustee on behalf of the Second Lien Noteholders shall, in their sole discretion, choose to file such financing statements, trademark filings, copyright filings, mortgages, notices of lien or similar instruments, or take possession of or control over, or otherwise confirm perfection of the liens and security interests granted to it hereunder, such liens and security interests shall be deemed valid, perfected, allowed, enforceable, non -avoidable, except as otherwise provided herein, and not subject to challenge dispute or subordination, at the time and on the date of entry of this Interim Order and subject to the terms hereof. Upon the request of the DIP Agent, each of the Pre -Petition Secured Parties, without any further consent of any party, is authorized and directed to take, execute, deliver and file such instruments (in each case, without representation or warranty of any kind) to enable the DIP Agent to further validate, E.