2016-04-25_GENERAL DOCUMENTS - C2009087 (18)

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Case 16-42529 Doc 149 Filed 04/15/16 Entered 04/15/16 16:16:59 Main Document Pg 35 of 71 fail to contest in good faith the filing or confirmation of a plan of reorganization that is not an Acceptable Plan; provided that for the avoidance of doubt it shall not constitute a Cash Collateral Termination Event if, without the support of any of the Debtors, any party other than the Debtors seeks to or does confirm such a plan of reorganization; (ii) the earlier of (A) the Maturity Date (as defined in the DIP Credit Agreement), (B) an acceleration of the Maturity Date, or (C) failure to meet any Adequate Protection Milestone (as defined below); Global Center; or (iii) a sale of all or substantially all of the assets of the Debtors or (iv) other than with respect to the matters described in paragraph 4(l), the Debtors or any of their respective direct or indirect affiliates or subsidiaries commences any action, including the filing of any pleading, against any of the Pre -Petition Secured Parties with respect to the Stipulated Debt or the Stipulated Security Interests. (b) Upon the occurrence of a Cash Collateral Termination Event, the Pre - Petition Agent may (or at the direction of the Required Pre -Petition Lenders, will) upon five business days' written notice to the Debtors, commence a proceeding in the Court to determine the Debtors' right to any further use of the Cash Collateral, and the Debtors' authorization to use the Cash Collateral shall be deemed automatically terminated on the fifth business day following commencement of such proceeding unless the Court orders otherwise by such time, and no further consent to the use of Cash Collateral shall be implied by any other action, inaction or acquiescence by any of the First Lien Secured Parties. 13. Adequate Protection of First Lien Secured Parties. The First Lien Secured Parties are entitled, pursuant to sections 361, 362, 363(e) and 364(d)(1) and 507 of the 35