Extract to table

The authorization granted herein is on an interim basis only, and the full Seventy-Five Million Dollar ($75,000,000) DIP Facility shall be subject to final approval by the Court at the Final Hearing (as defined in Section 16 below)

To the extent of any conflict between the terms of the DIP Credit Agreement and this Interim Order, the terms of this Interim Order shall govern and control

The DIP Budget may be modified, amended, or supplemented only with the prior written consent of the DIP Agent (which consent may be given or withheld in the DIP Agent's sole discretion), and any such modification shall be filed with the Court and served on all notice parties identified herein

The DIP Superpriority Claims shall be subject only to the Carve-Out (as defined below)

(c) Pursuant to Section 364(d)(1) of the Bankruptcy Code: A first-priority priming lien on all Prepetition Senior Collateral, including, without limitation, the Debtor's interest in the Houston terminal lease, all accounts receivable, and all equity interests in the fourteen (14) vessel-owning special purpose vehicles, which priming liens shall be senior in priority to the Prepetition Senior Secured Liens and the Prepetition Mezzanine Liens

To the extent that any such filings or recordings are made, they shall be deemed to have been made nunc pro tunc to the Petition Date