Case 26-16439Dkt. 1317Filed 2026-10-02PDF page 69 of 79
…The DIP Loan shall bear interest at the Default Rate under the Existing Loan Documents, which is equal to 11.25% per annum (the 7.25% per annum contract rate stated in the Promissory Note plus the 4.00% default rate premium). After maturity or the occurrence of an Event of Default (as defined below), the principal of the DIP Loan shall bear interest at an additional five percent (5%) (i.e., 500 basis points). Interest on the DIP Loans shall accrue and be added to the outstanding principal balance of the DIP Obligations on the 1st day of each month subsequent to the first advance made under the DIP Loan, calculated on the basis of the actual number of days elapsed in a 360-day year.…
Case 26-90806Dkt. 57Filed 2026-10-06PDF page 11 of 18
…Except as expressly provided herein, and without limiting the reservation in paragraph 2 concerning section 552, the Debtors and all parties in interest reserve all rights to dispute the validity, extent, scope, priority, perfection, enforceability, and avoidability of any prepetition lien, security interest, or claim, including whether any merchant cash advance or receivables purchase arrangement constitutes a true sale.
... The granting of the Adequate Protection Liens and Adequate Protection Claims is not an admission or finding as to any such matter and does not create or enhance any lien on property that was not subject to a valid prepetition lien.…
Case 26-16388Dkt. 1316Filed 2026-10-06PDF page 6 of 8
…Supplemental Order (I) Authorizing the Sale of Substantially All Assets of Mohawk Country Day School and (II) Granting Related Relief
... N-PCL §§ 510 and 511 Determinations. Pursuant to sections 363(d)(1) and 541(f) of the Bankruptcy Code and N-PCL § 511(d), this Court finds and determines that (a) the consideration and the terms of the sale of the School Assets are fair and reasonable to the School, and (b) the purposes of the School will be promoted by the sale of the School Assets. The sale of the School Assets to the Buyer (or its designee) pursuant to the APA and the Sale Order complies with applicable nonbankruptcy law governing the transfer of the School Assets, specifically including N-PCL §§ 510 and 511, and is approved pursuant to N-PCL §§ 510 and 511.…