Avoiding Subordination Of Secured Debt After TPC Decision Law360 July 19, 2022 | Page 5

[ 6 ] Id . at 2 .
[ 7 ] Trimark ( Audax Credit Opportunities Offshore Ltd . v . TMK Hawk Parent , Corp ., No . 565123 / 2020 ( JMC ), 2021 WL 3671541 ( N . Y . Sup . Ct . Aug . 16 , 2021 )
[ 8 ] Opinion at 24-25 ( emphasis in original ). The Court further found it further compelling that the Supplemental Indenture indeed contained such an express subordination prohibition . Id .
[ 9 ] Id . at 26 . [ 10 ] Adv . Dkt . 76 . [ 11 ] Adv . Dkt . 79 . [ 12 ] Adv . Dkt . 87 .
[ 13 ] Id . at 12-13 . Note , however , that the Bankruptcy Court did not go so far as to hold that no irreparable injury could be shown on this basis until the DIP was approved . Id .