Cash Collateral-Postpetition Financing Provisions Form. This is a Ohio form and can be use in USBC Southern Federal.
Tags: Cash Collateral-Postpetition Financing Provisions, 4001-2, Ohio Federal, USBC Southern
LBR Form 40012 Cash Collateral / Postpetition Financing Provisions The Debtor, through a separately filed motion, agreed order or stipulation has requested the approval of the use of cash collateral, or postpetition financing, or both. Attached to the motion as Exhibit ____ is a true and correct copy of the agreement for use of cash collateral or postpetition financing (the "Agreement"), which contains the following provisions: Page No. Line No. (If Applicable) Description of Provision ________ ________ (A) Provisions providing for adequate protection or priority for a claim that arose before the commencement of the case, including: ________ ________ (i) Cross-collateralization clauses (i.e., clauses that secure the repayment of prepetition debt with postpetition assets in which the secured creditor would not otherwise have a security interest by virtue of its prepetition security agreement or applicable law); or ________ ________ (ii) Roll-up clauses (i.e., clauses that provide for the use of property of the estate or the proceeds of a postpetition loan to make cash payments on prepetition debt). ________ ________ (B) Provisions or findings of fact that release, waive, or limit any claim or other cause of action belonging to the estate or the trustee, including but not limited to: ________ ________ (i) the release, waiver, or limitation of claims or other causes of action against any secured creditor without first giving parties in interest at least 75 days from the entry of the order and the creditors' committee, if appointed, at least 60 days from the date of its appointment to investigate such matters.; ________ ________ (ii) the release, waiver, or limitation of claims or other causes of action against any secured creditor for alleged prepetition torts or breaches of contract; ________ ________ ________ ________ (iii) the waiver of avoidance actions under the Code; or (iv) any modification of the statute of limitations or other deadline to commence an action. ________ ________ (C) Provisions or findings of fact that determine the validity, enforceability, priority, or amount of a claim that arose before the commencement of the case, or of any lien securing the claim. ________ ________ (D) Provisions that grant a lien on property of the estate that is not otherwise subject to a lien, grant a junior lien on property of the estate that is subject to a lien, or create a lien senior or equal to any existing lien without the consent of that lienholder. ________ ________ (E) Provisions that release, waive, or limit any right under § 506(c) of the Code. American LegalNet, Inc. www.FormsWorkFlow.com ________ ________ (F) Provisions that grant a lien on any claim or causes of action arising under §§ 544, 545, 547, 548, 549, 553(b), 723(a), or 724(a) of the Code. ________ ________ (G) Provisions that provide disparate treatment with regard to professional fee carveouts for the professionals retained by a creditors' committee from that provided for the professionals retained by the debtor. ________ ________ (H) Provisions that prime administrative expenses of the kind specified in §§ 503(b) or 507(a) of the Code. ________ ________ (I) Provisions that waive or modify any entity's authority or right to file a plan or seek an extension of time in which the debtor has the exclusive right to file a plan or otherwise operate to divest the debtor of any discretion in the administration of the estate or limit access to the court to seek any relief under other applicable provisions of law. ________ ________ (J) Provisions that establish deadlines for filing a plan of reorganization, for approval of a disclosure statement, for a hearing on confirmation, or entry of a confirmation order. ________ ________ ________ ________ (K) Provisions providing for the indemnification of any entity. (L) Provisions waiving or modifying provisions of the Code or applicable rules relating to the automatic stay. ________ ________ (M) Provisions that waive or modify the applicability of nonbankruptcy law relating to the perfection of a lien on property of the estate, or on the foreclosure or other enforcement of the lien. ________ ________ (N) Provisions that waive or modify the debtor's right to move for a court order pursuant to § 363(c)(2)(B) of the Code authorizing the use of cash collateral or § 364 of the Code to obtain credit. ________ ________ (O) Provisions that grant a lien in an amount in excess of the dollar amount of cash collateral authorized under the applicable cash collateral order. ________ ________ ________ ________ (P) Findings of fact on matters extraneous to the approval process. (Q) Provisions that bar the debtor from future bankruptcy filings. American LegalNet, Inc. www.FormsWorkFlow.com