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2016-05-24_GENERAL DOCUMENTS - C1992081 (2)
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2016-05-24_GENERAL DOCUMENTS - C1992081 (2)
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Last modified
8/24/2016 6:22:29 PM
Creation date
5/25/2016 7:28:08 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1992081
IBM Index Class Name
General Documents
Doc Date
5/24/2016
Doc Name
Final Order Pursuant to Sections 105(a), 363 and 364 of the Bankruptcy Code
From
United State Bankruptcy Court
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 542 Filed 05/18/16 Entered 05/18/16 14:56:20 Main Document <br />Pg2of6 <br />justify authorizing the Debtors to continue the Surety Bond Program, including paying the <br />prepetition amounts owed in connection therewith; (vii) the Debtors' authority to continue the <br />Surety Bond Program and the payment of prepetition amounts owed in connection therewith are <br />necessary and appropriate to prevent immediate and irreparable harm to their business operations <br />and will serve to preserve and maximize the Debtors' estates for the benefit of stakeholders and, <br />thus, cause exists to permit the Debtors immediately to continue the Surety Bond Program and <br />pay prepetition amounts owed in connection therewith, notwithstanding Bankruptcy Rules 4001 <br />and 6003, to the extent that they are applicable; (viii) there is good cause to waive the 14 -day <br />stay imposed by Bankruptcy Rule 6004(h), to the extent that it is applicable; and (ix) the legal <br />and factual bases set forth in the Motion, First Day Declaration and at the Hearing establish just <br />cause for the relief granted herein, <br />ORDERED that, pursuant to sections 105(a), 363 and 364 of the Bankruptcy Code, the <br />Motion is GRANTED in that: <br />The Debtors are authorized, but not directed, to maintain, continue and <br />renew the Surety Bond Program without interruption, including, but not limited to, paying all <br />prepetition and postpetition amounts due in connection with the Surety Bond Program (including <br />the Bond Premiums), renewing or securing new Surety Bonds, posting collateral, honoring <br />Indemnity Agreements and continuing to utilize their Self -Bonding Privileges; provided that, <br />notwithstanding any of the foregoing, the Debtors shall (a) obtain the consent of the <br />administrative agent for the Debtors' postpetition secured debtor in possession financing (such <br />consent not to be unreasonably withheld) or (b) obtain a further order of the Court, in either case <br />(a) or (b), prior to paying any amount or making any material modification to the Surety Bond <br />Program that, in either case, is outside the ordinary course of the Debtors' business and not <br />2 <br />
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