2021-03-09_GENERAL DOCUMENTS - C1980004 (7)

Home Browse Search

sem a M ii a I-MkMM %W- D.a .i:C LAM: :.: cb GW.i:C LAM: 1/.:1 `1.M, Ail D - right pursuant to any provision thereof, unless, in the case of each of clauses (x) and (y), the applicable provision is rendered ineffective, unenforceable, and/or invalid by applicable non - bankruptcy law or the Bankruptcy Code (such leases the "Specified Lease"); provided that, the foregoing shall not preclude any counterparty to a Specified Lease from an opportunity to be heard in this Court on notice with respect to whether applicable non -bankruptcy law or the Bankruptcy Code renders such provision ineffective, unenforceable, and/or invalid if requested by this non -Debtor party to the Specified Lease, and the Court shall retain jurisdiction to hear and adjudicate issues related thereto; provided further that DIP Collateral shall include and the DIP Liens and Adequate Protection Liens granted under this Final Order shall attach to any proceeds of any Specified Lease. (c) Automatic ff ectiveness of Liens. The automatic stay imposed under section 362(a) of the Bankruptcy Code is hereby vacated and modified to effectuate all of the terms and provisions of this Final Order, including to (i) permit the Credit Parties to grant the liens and security interests to the DIP Collateral Agent, the other DIP Secured Parties and the Prepetition Secured Parties, and (ii) authorize the Credit Parties to pay, and the DIP Secured Parties and Prepetition Secured Parties to retain and apply, payments made in accordance with this Final Order, to the extent, in cases (i) and (ii), contemplated by this Final Order and the other DIP Documents. 13. Protection of DIP Lenders' Rights. (a) So long as there are any DIP Obligations outstanding or the DIP Secured Parties have any outstanding DIP Commitments, the Prepetition Secured Parties shall: (i) have no right to and shall take no action to foreclose upon, or recover in connection with, the liens 33 NY 78179867 4844-7341-8439.2 NY 78179867