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Case 16-42529 Doc 23 Filed 04/13/16 Entered 04/13/16 11:20:44 Main Document <br />Pg 8 of 32 <br />on their obligations to the applicable Governmental Authorities and could contravene the <br />provisions of federal or state law, including, in particular, the Surface Mining Control and <br />Reclamation Act. Furthermore, the inability to secure a Surety Bond and the related Indemnity <br />Agreement may require the Debtors to purchase insurance coverage at greater expense to the <br />Debtors' estates. <br />17. To provide the financial assurances to third parties that are required for the <br />Debtors to continue business operations during these chapter 11 cases, the Debtors must maintain <br />their existing Surety Bond Program and may need additional bonding capacity not currently <br />provided under the Surety Bond Program. Accordingly, to operate their businesses, the Debtors <br />must maintain their Surety Bond Program, including by renewing or replacing, as necessary, <br />existing Surety Bonds and maintaining collateral and self -bonding arrangements. <br />Argument <br />Surety Bond Program Transactions Are Within the Ordinary Course of Business <br />18. Pursuant to section 363(c) of the Bankruptcy Code, a debtor, as debtor in <br />possession, is authorized to "enter into transactions ... in the ordinary course of business without <br />notice or a hearing, and may use property of the estate in the ordinary course without notice or a <br />hearing." 11 U.S.C. S 363(c)(1). Section 363(c) "strik[es] the optimal balance between the <br />interests of the debtor and the creditors" to "serve the 'overriding goal of maximizing the value of <br />the estate."' Habinger. Inc. v. Metro. Cosmetic & Reconstructive Surgical Clinic, P.A., 124 B.R. <br />784, 786 (D. Minn. 1990) (quoting United States ex rel. Harrison v. Estate of Deutscher (In re <br />H&S Transp. Co.), 115 B.R. 592, 599 (M.D Tenn. 1990)). "The ordinary course of business <br />standard is intended to allow a debtor the flexibility it needs to run its business and respond <br />quickly to changes in the business climate." Habinger, 124 B.R. at 786 (internal quotation marks <br />omitted). <br />In <br />