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Case 1:20-bk-12043 Doc 108 Filed 07/27/20 Entered 07/27/20 15:09:40 Desc Main <br /> Document Page 5 of 13 <br /> financial affairs, debt structure, business operations, capital structure, key stakeholders, financing <br /> documents, and related matters. Additionally, EVA has deep coal industry experience, insights <br /> and relationships from its leading coal industry practice. Accordingly, EVA has significant <br /> relevant experience and expertise regarding the Debtors' business that uniquely positions EVA to <br /> provide effective and efficient sale advisory services to the Debtors in these chapter 11 cases. <br /> Services To Be Provided <br /> 14. The Debtors and EVA have entered into the Engagement Letter, which <br /> governs the relationship between the Debtors and EVA. The terms and conditions of the <br /> Engagement Letter were negotiated at arm's length and in good faith between the Debtors and <br /> EVA and reflect their mutual agreement as to the substantial efforts that will be required in this <br /> engagement. Under the Engagement Letter, in consideration for the compensation contemplated <br /> thereby, EVA has provided and has agreed to provide the following services: <br /> Review the existing data room and update the information as necessary <br /> a. Familiarize itself with the Debtor's information in order to conduct the sales <br /> process <br /> b. Work with management to update missing or outdated items in the data room <br /> c. Organize access to an on-line data room for potential buyers <br /> d. Review Confidential Information Memorandum and update if needed <br /> Conduct accelerated sale process <br /> a. Identify potential buyers to be contacted in addition to prior contacts <br /> i. Develop contact list for each company <br /> ii. Contact and provide NDA <br /> b. Re-contact buyers that showed interest in Company assets from first sale process <br /> c. Set sale procedures and timeline <br /> d. Obtain indications of valuation <br /> e. Coordinate management meetings and mine visits as needed <br /> Evaluate offers and negotiate sales contracts <br /> a. Summarize offers for management and lenders, including financial terms and risks <br /> b. Recommend best course of action <br /> c. Select preferred purchaser and engage in final negotiations <br /> 5 <br />