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25. That draw could constitute a forfeiture under <br />the appropriate regulations and may deprive the Debtor of control <br />over t:he work performed at the Reclamation Site. <br />26. If a draw is made under the current letter of <br />credit issued by United Bank of Sunset Park, the Debtor mazy face <br />a large secured claim by United Bank which essentially will arise <br />needlessly and to the detriment of the Debtor's estate and its <br />unsecured creditors. <br />27. The financing sought by the Debtor will merely <br />maintain the status quo and is ordinary course of business <br />financing in that Debtor regularly renews its bonds and <br />collateral on bonds with respect to reclamation duties. <br />28. The Debtor believes that the proposed Financing <br />Documents reflect the exercise of sound and prudent business <br />judgment. <br />29. The Debtor has attempted to obtain the issuance <br />of letters of credit on an unsecured basis at various times in <br />the past. No lender has been willing to issue irrevocable <br />letters of credit for Debtor's reclamation duties on an unsecured <br />basis. <br />30. The proposed Financing Documents are, in the <br />Debtor's considered business judgment, the only financing option <br />available under the present circumstances. The terms of this <br />financing are reasonable under the circumstances and are <br />equivalent to the terms obtained by the Debtor prior to the <br />commencement of its chapter 11 case. <br />8 <br />