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Case 1:20-bk-12043 Doc 122-1 Filed 07/29/20 Entered 07/29/20 15:35:30 Desc <br /> Exhibit A - Form of Proposed order Page 4 of 5 <br /> 2. The Debtors are authorized to retain and employ FTI as bankruptcy consultant for <br /> the Debtors, pursuant to the terms and subject to the conditions set forth in the Engagement <br /> Contract, nunc pro tunc to the Petition Date. <br /> 3. Pursuant to section 328(a) of the Bankruptcy Code, the Debtors are authorized to <br /> pay FTI in accordance with the terms and conditions of, and at the times specified in, the <br /> Engagement Contract. <br /> 4. FTI shall file applications for allowance of compensation and reimbursement of <br /> expenses pursuant to and in accordance with the procedures set forth in sections 330 and 331 of <br /> the Bankruptcy Code, such Bankruptcy Rules or Local Rules as may then be applicable, and any <br /> other applicable orders and procedures of this Court. <br /> 5. Notwithstanding anything to the contrary in this Order, the Application or the <br /> Engagement Contract, the United States Trustee's Office for the Southern District of Ohio (the <br /> "U.S. Trustee") shall have the right to object to FTI's requests for compensation and <br /> reimbursement based on the reasonableness standard provided in section 330 of the Bankruptcy <br /> Code, and not section 328(a) of the Bankruptcy Code. This Order and the record relating to this <br /> Court's consideration of the Application shall not prejudice the rights of the U.S. Trustee to <br /> challenge the reasonableness of FTI's fees under section 330 of the Bankruptcy Code.Accordingly, <br /> nothing in this Order or the record relating to this Court's consideration of the Application shall <br /> constitute a finding of fact or conclusion of law binding on the U.S. Trustee with respect to the <br /> reasonableness of FTI's fees. Further, nothing in the Engagement Contract shall affect or modify <br /> the standard of review applicable to an objection by the U.S. Trustee under this paragraph. <br /> 6. To the extent there is any conflict between this Order and the Application, the <br /> Engagement Contract, or the Boyko Declaration, the terms of this Order shall control. <br /> 3 <br />