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2022-08-09_GENERAL DOCUMENTS - M2012032
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2022-08-09_GENERAL DOCUMENTS - M2012032
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Last modified
8/11/2022 8:36:08 PM
Creation date
8/11/2022 7:50:24 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M2012032
IBM Index Class Name
General Documents
Doc Date
8/9/2022
Doc Name
Appointment of a Receiver
From
Alliance Management
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
LJW
THM
GRM
CMM
Media Type
D
Archive
No
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(x) Doing any act to interfere with the Receiver's taking control,possession,or <br /> management of the OSM Collateral, or to interfere in any manner with the exclusive jurisdiction <br /> of this Court over the Company and the OSM Collateral; <br /> (xi) Engaging in any act to create,perfect, or enforce any lien against the OSM <br /> Collateral,unless specifically authorized to by order of this Court; <br /> (xii) Engaging in any act to collect, assess, or recover a claim against the OSM <br /> Collateral that rose before the appointment of the Receiver; <br /> (xiii) Exercising a set off of any debt owing to the OSM Collateral that arose <br /> before the appointment of the Receiver against any claim against the OSM Collateral; and <br /> (xiv) from otherwise interfering with the Receiver or the Receiver's operations. <br /> (i) that the Receiver is authorized to continue any business operated with respect to <br /> the OSM Collateral, including continuing to manage,operate, lease, contract,market and,upon <br /> further Court order and with the consent of the Lender Parties, sell certain of the OSM Collateral <br /> (and,upon further order of the Court, substantially all of the OSM Collateral); further to this,the <br /> Receiver is hereby vested with the standing all power and authority(but without the liability of <br /> or associated with, or obligation to act)that would or could be wielded by the CEO and/or the <br /> general manager of the Defendants regarding the OSM Collateral, including without limitation <br /> the power and authority to(i) execute documents, instruments, and resolutions in connection <br /> with any sale or finance transaction, (ii)have and obtain access to employee records,reports, <br /> communications, and other work product, and(iii) appear in any Title 11 case filed that relates to <br /> the OSM Collateral; <br /> 6) that the Receiver is authorized to retain,hire or discharge employees at the <br /> Property,without any liability to the Receiver; <br /> (k) that the Receiver is authorized to open one or more bank accounts and authorized, <br /> but not obligated to,make payments and disbursements,in the ordinary course of business, as <br /> may be needed and proper for the preservation of the OSM Collateral; <br /> (1) that the Receiver is authorized to maintain appropriate insurance, authorized to <br /> continue any current policies in place, and authorized to purchase further insurance with regard <br /> to the OSM Collateral, as the Receiver deems appropriate, subject to Approval, as defined <br /> below; <br /> (m) that the Receiver is authorized to pay all current and past due real estate taxes, <br /> personal property taxes and any other taxes and assessments against any of the OSM Collateral; <br /> (n) that the Receiver is authorized to prepare and file tax returns with respect to the <br /> OSM Collateral as may be required by law,provided,however,that the Receiver shall not be <br /> responsible for the preparation of any tax returns for the OSM,their members, any of their <br /> respective affiliates or the Defendants; <br /> 8 <br /> USA.605462236.2/ZP9 <br />
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