2020-10-16_GENERAL DOCUMENTS - C1980004

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Case 20-12168-CSS Doc 261 Filed 10/15/20 Page 2 of 6 Motion having been given; and it appearing that no other or further notice of the Motion is required except as otherwise provided for herein; and it appearing that the Court has jurisdiction to consider the Motion in accordance with 28 U.S.C. §§ 157 and 1334 and the Amended Standing Order; and it appearing that this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and it appearing that venue of this proceeding and the Motion is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and it appearing that the relief requested in the Motion and provided for herein is in the best interest of the Debtors, their estates, and their creditors and an appropriate exercise of the Debtors' business judgment; and after due deliberation and sufficient cause appearing therefor, IT IS HEREBY ORDERED THAT: 1. The Motion is GRANTED on an interim basis as set forth herein. 2. Subject to the Assurance Procedures set forth below, no Utility Company may (a) alter, refuse, terminate or discontinue Utility Services to, or discriminate against, the Debtors on the basis of the commencement of these chapter 11 cases or on account of outstanding pre-petition invoices, or (b) require additional assurance of payment, other than the Utility Deposit, as a condition to the Debtors receiving such Utility Services. 3. The Debtors shall deposit, as adequate assurance for the Utility Companies, $800,000 in the aggregate (the "Utility Deposit") into a segregated account (the"Utility Deposit Account") within twenty (20) days hereof to be maintained during the pendency of these chapter 11 cases as provided for herein. 4. Subject to the Assurance Procedures set forth below, the Utility Deposit constitutes adequate assurance of future payment to the Utility Companies under section 366 of the Bankruptcy Code (the"Adequate Assurance"). 5. The following Assurance Procedures are approved in all respects: