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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 7 of 11 <br /> in detennining the Fee and Expense Structure, and the ultimate benefit to the Debtors of EVA's <br /> services provided hereunder could not be measured by a reference to the number of hours to be <br /> expended by EVA's professionals in performance of such services. <br /> 15. The Fee and Expense Structure reflects the substantial commitment of professional <br /> time and effort by EVA and its professionals, and that such commitment may foreclose other <br /> opportunities for EVA In addition, the actual time and commitment required by EVA and its <br /> professionals to perform services may vary substantially from week to week and month to month, <br /> creating "peak load" issues for EVA. <br /> Modification of Compliance With Requirements Regarding Time Entry Detail <br /> 16. Consistent with its ordinary practice and the practice of financial advisors in other <br /> chapter 11 cases whose fee arrangements are typically not hours-based, EVA does not ordinarily <br /> maintain contemporaneous time records in one-tenth hour increments(similar to those customarily <br /> kept by attorneys) or provide or conform to a schedule of hourly rates for its professionals. <br /> Accordingly, EVA requests that it be excused from such requirements. Instead, notwithstanding <br /> that EVA does not charge for its services on an hourly basis, EVA will maintain records (in <br /> summary format with 0.5 hour increments) of its services rendered for the Debtors, including <br /> descriptions of those services, the time expended in providing those services and the individuals <br /> who provided those services. In addition, EVA will maintain records in support of any actual, <br /> necessary costs and expenses incurred in connection with the rendering of its services in this case. <br /> EVA's Disinterestedness <br /> 17. To the best of my knowledge, information and belief, and other than as set forth <br /> herein, EVA does not hold or represent an interest adverse to the Debtors or their estates, and EVA <br /> is a "disinterested persons" within the meaning of section 101(14) of the Bankruptcy Code, with <br /> respect to the matters for which we are to be retained. To the best of my knowledge, information <br /> 7 <br />