Laserfiche WebLink
sem a M ii a l-MMM %W- D.a .i:C LAM: :.: cb I..W.i:C LAM: 1/.:1 `1.M, Ail D - <br />the DIP Documents shall (x) be construed as the affirmative consent by any of the Prepetition <br />Secured Parties for the use of Cash Collateral other than on the terms set forth in this Final Order <br />and the Approved Cash Flow Forecast (subject to Permitted Variances) and in the context of the <br />DIP Financing authorized by this Final Order, (y) be construed as a consent by any Prepetition <br />Secured Party to the terms of any other financing or any other lien encumbering the Prepetition <br />Collateral (whether senior, pari passu, or junior) or (z) prejudice, limit or otherwise impair the <br />rights of any of the Prepetition Secured Parties to seek modification of the grant of Adequate <br />Protection provided hereby so as to provide new, different or additional adequate protection or <br />assert the interests of any of the Prepetition Secured Parties, and without prejudice to the right of <br />the Debtors and any other party in interest's rights to contest such modification. <br />(i) None of the DIP Secured Parties control the Debtors or their properties or <br />operations, have authority to determine the manner in which any Debtor's operations are <br />conducted or are control persons or insiders of the Debtors by virtue of any of the actions taken <br />with respect to, in connection with, related to or arising from this Final Order or the DIP <br />Documents; <br />0) The Debtors have prepared and delivered to the DIP Agents and the DIP <br />Secured Parties a 13-week cash flow forecast (the "Initial Cash Flow Forecast"11), a copy of <br />which is attached hereto as Exhibit 1. The Initial Cash Flow Forecast reflects the Debtors' <br />anticipated cash receipts and anticipated disbursements for the calendar week during which the <br />Petition Date occurs and through and including the end of the twelfth (12th) calendar week <br />following such week. The Initial Cash Flow Forecast may be modified, amended and updated <br />ii "Initial Cash Flow Forecast" is the "Initial Budget" referenced in the DIP Credit Agreement. <br />16 <br />NY 78179867 <br />4844-7341-8439.2 <br />NY 78179867 <br />