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Case 1:20-bk-12043 Doc 122-3 Filed 07/29/20 Entered 07/29/20 15:35:30 Desc <br /> Exhibit C - Declaration of Alan Boyko Page 8 of 25 <br /> Compensation <br /> 18. FTI received a retainer from the Debtors in the amount of 75,000, which was <br /> received on or about February 4, 2020 ("FTI Retainer"). I understand that the funds for the FTI <br /> Retainer were obtained by the Debtors through their normal and ordinary business operations.As <br /> of the Petition Date, the balance of the FTI Retainer was $75,000. <br /> 19. As of the Petition Date, FTI has no accrued or unpaid fees or expenses owing by <br /> the Debtors. If FTI subsequently determines there is an amount of outstanding fees and expenses <br /> incurred in contemplation of and in connection with the preparation of these chapter 11 cases, FTI <br /> will seek payment and reimbursement in connection with the initial fee statement and interim fee <br /> application(s)to be filed with this Court. <br /> 20. Payment of FTI as the proposed Bankruptcy Consultant in these chapter 11 cases <br /> will be subject to the approval of fees and expenses in accordance with sections 327, 328, 330 and <br /> 331 of the Bankruptcy Code, the Bankruptcy Rules, the Local Rules and any applicable <br /> administrative orders that may be entered by this Court. <br /> 21. In accordance with section 504 of the Bankruptcy Code and Bankruptcy Rule <br /> 2016, FTI has not entered into any agreements, express or implied,with any other party in interest, <br /> including the Debtors, any creditor, or any attorney for such party in interest in these chapter 11 <br /> cases (i) for the purpose of sharing or fixing fees or other compensation to be paid to any such <br /> party in interest or its attorneys for services rendered in connection therewith, (ii) for payment of <br /> such compensation from the assets of the estate in excess of the compensation allowed by this <br /> Court pursuant to the applicable provisions of the Bankruptcy Code, or (iii) for payment of <br /> compensation in connection with these chapter 11 cases other than in accordance with the <br /> applicable provisions of the Bankruptcy Code. <br />