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2016-04-25_GENERAL DOCUMENTS - C1994082 (19)
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2016-04-25_GENERAL DOCUMENTS - C1994082 (19)
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Entry Properties
Last modified
8/24/2016 6:21:08 PM
Creation date
4/26/2016 2:26:22 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1994082
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 />Pg6of71 <br />"Interim Order") (a) authorizing the Borrower, on an interim basis, to forthwith <br />borrow or obtain letters of credit from the DIP Lenders (and incur bonding <br />obligations) under (or as permitted by) the DIP Documents up to an aggregate <br />principal or face amount not to exceed (i) $200,000,000 under the DIP Term <br />Facility, (ii) $100,000,000 under the DIP L/C Facility and (iii) $200,000,000 <br />under the Bonding Accommodation, in each case subject to the terms set forth in <br />the DIP Credit Agreement, to provide operating cash for the Debtors and bonding <br />and letter of credit capacity for the Debtors' businesses (including, without <br />limitation, to pay interest, fees and expenses in accordance with this Interim <br />Order, the Final Order, and the DIP Documents and to satisfy all Adequate <br />Protection Obligations authorized hereunder), (b) authorizing the Debtors' <br />continued use of Cash Collateral and all other Pre -Petition Collateral, and (c) <br />granting adequate protection in the form of the Adequate Protection Obligations <br />and the Adequate Protection Liens; and <br />(9) that this Court schedule a final hearing (the "Final Hearing") to be <br />held within 45 days of the entry of this Interim Order to consider entry of a final <br />order (the "Final Order") approving the relief granted herein on a final basis. <br />Due and appropriate notice of the Motion, the relief requested therein and the Interim <br />Hearing having been served by the Debtors on the Pre -Petition Agent and its counsel, the Second <br />Lien Notes Trustee, counsel to Wilmington Trust Company as Indenture Trustee, counsel to any <br />ad hoc committees, counsel to PNC Bank, as Administrator under the Debtors' prepetition <br />accounts receivable securitization facility, the United Mine Workers of America, the Debtors' <br />50 largest unsecured creditors, the Office of the United States Trustee for the Eastern District of <br />3 <br />
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