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2020-07-28_GENERAL DOCUMENTS - C1980004
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2020-07-28_GENERAL DOCUMENTS - C1980004
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Last modified
1/8/2025 6:27:13 AM
Creation date
7/29/2020 9:16:27 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1980004
IBM Index Class Name
General Documents
Doc Date
7/28/2020
Doc Name Note
Case No. 20-12043 (GRH) Hopedale Mining LLC
Doc Name
Bankruptcy Notice
From
E11 USCpiq Corporate Restructuring, LLC
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
JRS
JDM
GRM
CMM
CCW
Media Type
D
Archive
No
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Case 1:20-bk-12043 Doc 108-2 Filed 07/27/20 Entered 07/27/20 15:09.40 Desc <br /> Exhibit B - Declaration of Seth Schwartz Page 6 of 11 <br /> payable to EVA in connection with a series of transactions, each such fee shall be paid <br /> to EVA. <br /> 10. EVA believes that the Fee and Expense Structure is comparable to those generally <br /> charged by sale advisors of similar stature to EVA for comparable engagements, both in- and out- <br /> of-court, and reflects a balance between a fixed fee, and a contingency amount, which are tied to <br /> the consummation and closing of the transactions and services contemplated by the Debtors and <br /> EVA in the Engagement Letter. <br /> 11. The Fee and Expense Structure summarized above and described fully in the <br /> Engagement Letter is consistent with EVA's normal and customary billing practices for <br /> comparably sized and complex cases and transactions, both in and out-of-court, involving the <br /> services to be provided in connection with the chapter 1 1 cases. <br /> 12. To induce EVA to represent the Debtors, the Fee and Expense Structure was <br /> established to reflect the difficulty of the extensive assignments EVA has undertaken and expects <br /> to undertake and to account for the potential unfavorable outcome resulting from factors outside <br /> of EVA's control. <br /> 13. The Debtors and EVA negotiated the Fee and Expense Structure to function as an <br /> interrelated, integrated unit, in correspondence with EVA's services, which EVA renders not in <br /> parts, but as a whole. It would be contrary to the intention of Debtors and EVA for any isolated <br /> component of the Fee and Expense Structure to be treated as sufficient consideration for any <br /> isolated portion of EVA's services. Instead, the Debtors and EVA intend that EVA's services be <br /> considered as a whole that is to be compensated by the Fee and Expense Structure in its entirety. <br /> 14. EVA's restructuring, strategic and financial expertise, as well as its capital markets <br /> knowledge, financing skills and mergers and acquisitions expertise, some or all of which may be <br /> required by the Debtors during the term of EVA's engagement hereunder, were important factors <br /> 6 <br />
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