Laserfiche WebLink
sem a M ii a :MkMM %W- D.a .i:C LAM: :.: cb GW.i:C LAM: 1/.:1 `1.M, Ail D - <br />actions, at the same or different time, in each case without further order or application of the <br />Court: (i) the DIP Secured Parties may, upon the occurrence of an Event of Default (a) <br />immediately terminate the Debtors' limited use of any Cash Collateral, (b) cease making any <br />DIP Loans, and terminate, reduce or restrict any further DIP Commitment to the extent any such <br />DIP Commitment remains, (c) declare all DIP Obligations immediately due, owing and payable, <br />without presentment, demand, protest, or other notice of any kind, all of which are expressly <br />waived by the Credit Parties, notwithstanding anything herein or in any DIP Document to the <br />contrary, (d) freeze any monies or balances in the Debtors' accounts and sweep all funds in the <br />Debtors' deposit accounts, (e) immediately setoff all amounts in accounts maintained by the <br />Debtors with the DIP Agent or any DIP Lenders against the DIP Obligations, or otherwise <br />enforce all rights against the DIP Collateral in the possession of the DIP Agent or DIP Lenders <br />(including the disposition of DIP Collateral solely for application to DIP Obligations), and (f) <br />take any other action or exercise any other remedy permitted under the DIP Orders, the DIP <br />Documents, or applicable law, and (ii) Debtors waive any right to seek relief under the <br />Bankruptcy Code, including section 105, to the extent such relief would impair or restrict the <br />rights and remedies of the DIP Agent and DIP Lenders set forth in the DIP Orders (as defined in <br />the Motion) and the DIP Documents; provided, however, that, prior to the exercise of any rights <br />in clauses (i)(d), (e) and (f) of this paragraph, the DIP Agent or DIP Lenders, as applicable, shall <br />be required to provide five (5) calendar days' notice to counsel to the Debtors, counsel to the <br />Creditors' Committee, and the U.S. Trustee of their intent to exercise their rights and remedies <br />(the "Remedies Notice Period"). <br />36 <br />NY 78179867 <br />4844-7341-8439.2 <br />NY 78179867 <br />