Cash-collateral order imposes KeyBank-controlled plan milestones
The court authorized Systematic Audio to use cash collateral through the week of October 3 under a 13-week budget, with operating receipts and disbursements subject to a 20% variance covenant measured cumulatively over rolling five-week periods. The final cash-collateral order requires the debtor to file a Chapter 11 plan reasonably acceptable to KeyBank by October 31 and obtain confirmation by December 31; missing either milestone constitutes an event of default.
The order grants KeyBank and Medallion replacement and adequate-protection liens, gives KeyBank a section 507(b) superpriority claim, and reimburses KeyBank’s documented case-related legal expenses absent timely objection. The debtor stipulated that KeyBank was owed approximately $18.9 million in principal on its revolver and term loan as of the June 9 petition date, subject to challenges by creditors or another estate fiduciary through September 7. Professional-fee protection includes weekly escrow funding and a $100,000 post-default carve-out. The order therefore supplies short-term operating liquidity while placing the restructuring on a lender-driven path toward confirmation before year-end.