Entered on Docket November 2, 2012 Below is the Order of the Court.

1 2 3 4 5 6 _________________________________________________________________ 7 8 9 In re 10 TC GLOBAL, INC., 11 Debtor. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER AUTHORIZING DEBTOR TO ENTER INTO PREMIUM FINANCING AGREEMENT No. 12-20253 UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON
_________________________ Karen A. Overstreet U.S. Bankruptcy Judge
(Dated as of Entered on Docket date above)

THIS MATTER came before the Court upon the Motion for Order Authorizing Debtor to Enter into Premium Financing Agreement (Motion) filed by TC Global, Inc. (Debtor) dba Tullys Coffee, debtor-in-possession herein. The Court has reviewed the files and records herein and finds that cause exists for the requested relief. Now, therefore, it is hereby ORDERED that: 1. 2. The Motion is granted; The Debtor is hereby authorized to enter into the premium finance arrangement

described in the Motion and the Declaration of Cathy Campbell, and exhibits thereto, in support of the Motion ("Agreement"); 3. The Debtor is further authorized to execute and deliver such documents and

amendments that the Debtor and lender, Premium Assignment Corporation or its successor or assigns ORDER AUTHORIZING DEBTOR TO ENTER INTO PREMIUM FINANCING AGREEMENT Page 1
1977 20121 xj1749023h

B USH S TROUT & K ORNFELD

LAW OFFICES

LLP

5000 Two Union Square 601 Union Street Seattle, Washington 98101-2373 Telephone (206) 292-2110 Facsimile (206) 292-2104

Case 12-20253-KAO

Doc 247

Filed 11/02/12

Ent. 11/02/12 14:47:19

Pg. 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

("PAC") may deem reasonably necessary to carry out the Agreement and to perform and make monthly payments as prescribed therein; 4. The Debtor is authorized to grant PAC a first priority lien on and security interest in

unearned premiums as described in the Agreement, which are deemed senior to a lien of any DIP Lender in this case and senior to any claims under 11 U.S.C. 503, 506(b) or 507(b); 5. In the event PAC fails to receive any payment due under the Agreement within 15 days

of the due date, the automatic stay under 11 U.S.C. 362 shall thereupon be terminated with respect to PAC without further motion, hearing, or order by the Court, and PAC will be permitted to exercise its rights and remedies under the Agreement, including without limitation the rights to: (a) cancel the financed insurance policy(ies), and (b) collect and apply unearned premiums payable under the financed policy(ies) to the balance owed; 6. If the collection and application of unearned premiums is insufficient to pay the

balance owed, PAC may, within 21 days after the collection and application of such unearned premiums, file a proof of claim for the unsatisfied amount of any indebtedness under the Agreement notwithstanding the passage of any bar date for the filing of proofs of claim; 7. PAC's rights under the Agreement are fully preserved and protected and shall remain

unimpaired by this Bankruptcy proceeding, and shall remain in full force and effect, notwithstanding the subsequent conversion of this proceeding to one under Chapter 7 or any other provision of the Bankruptcy Code; // // // // ORDER AUTHORIZING DEBTOR TO ENTER INTO PREMIUM FINANCING AGREEMENT Page 2
1977 20121 xj1749023h

B USH S TROUT & K ORNFELD

LAW OFFICES

LLP

5000 Two Union Square 601 Union Street Seattle, Washington 98101-2373 Telephone (206) 292-2110 Facsimile (206) 292-2104

Case 12-20253-KAO

Doc 247

Filed 11/02/12

Ent. 11/02/12 14:47:19

Pg. 2 of 3

1 2 3 4

8.

In order to enable the Debtor to have immediate insurance coverage, the ten day stay of

this order pursuant to Bankruptcy Rule 6004(h) shall not apply, and the relief herein granted is effective immediately upon entry. / / /End of Order/ / / Presented by:

5 BUSH STROUT & KORNFELD LLP 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER AUTHORIZING DEBTOR TO ENTER INTO PREMIUM FINANCING AGREEMENT Page 3
1977 20121 xj1749023h

By /s/ Arthur A. Shwab Christine M. Tobin-Presser, WSBA #27628 Arthur A. Shwab, WSBA #44250 Attorneys for TC Global, Inc.

B USH S TROUT & K ORNFELD

LAW OFFICES

LLP

5000 Two Union Square 601 Union Street Seattle, Washington 98101-2373 Telephone (206) 292-2110 Facsimile (206) 292-2104

Case 12-20253-KAO

Doc 247

Filed 11/02/12

Ent. 11/02/12 14:47:19

Pg. 3 of 3