DOUGLAS TICE, Chief Judge, Bankruptcy
This matter comes before the Court upon the Debtor's Motion to Authorize Acceptance of Commitment for Exit Financing (the "Motion"), the Court having reviewed the Motion and having heard the statements of counsel in support of the relief requested therein at a hearing before the Court (the "Hearing"), the Court finding that (a) the Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334, (b) this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2), (c) notice of the Motion (and proposed Order) was sufficient, and (d) entry into the Commitment and payment of the Deposit is supported by the sound business judgment of the Debtor, (d) sufficient cause exists for a shortened notice period; and the Court being fully advised in the premises and having determined that the legal and factual bases set forth in the Motion and at the Hearing establish just cause for the relief granted herein; it is hereby
ORDERED that:
1. The Motion is hereby GRANTED.
2. Capitalized terms not otherwise defined herein have the meanings given them in the Motion.
3. The Debtor is authorized to accept the Commitment and pay the Deposit and to take all action necessary or appropriate in connection with entry thereof.
4. The shortened notice period is approved.
5. Notwithstanding any term or provision of this order, the Pre-Petition Secured Lenders and the Collateral Agent expressly reserve all of their rights to contest the terms and conditions of the proposed exit financing, including without limitation, their rights with respect to the assets of RoomStore, the extent of their replacement lien encumbering the assets of RoomStore, and the satisfaction of any super-priority claims against RoomStore.
6. Nothing in this Order shall be construed as authorizing or permitting RoomStore to grant any liens or security interests in any of its assets to the proposed provider or any provider of exit financing, or as authorizing or approving the execution of any loan or collateral documents incorporating any such exit financing or as approving in any respect the terms of the proposed exit financing.
7. Upon entry, the clerk shall serve a copy of this Order to those parties on the Service list attached hereto.