2020-08-04_GENERAL DOCUMENTS - C2010088 (4)

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Case 1:20-bk-12043 Doc 122 Filed 07/29/20 Entered 07/29/20 15:35:30 Desc Main Document Page 5 of 8 that FTI is a"disinterested person"within the meaning of section 101(1 4) of the Bankruptcy Code as modified by section 1107(b) of the Bankruptcy Code. 15. Based upon and except as set forth in the Boyko Declaration, the Debtors believe that FTI has no connection with the Debtors, any of the Debtors' subsidiaries or affiliates, any creditors of the Debtors, or any other party in interest in these Chapter 1 l Cases, or their respective attorneys, accountants and advisors. 16. Based upon and except as set forth in the Boyko Declaration, the Debtors believe that FTI is not so connected with any bankruptcy judge of the Southern District of Ohio or the United States Trustee's Office for the Southern District of Ohio or any assistant United States Trustee assigned to this case, as to render the appointment of FTI as Bankruptcy Consultant for the Debtors inappropriate under Bankruptcy Rule 5002(b). 17. Notwithstanding the foregoing, during the pendency of these Chapter 11 Cases, FTI will not and cannot represent an entity adverse to the Debtors and cannot represent the Debtors against another client in these Chapter 11 Cases unless that client waives such conflict. 18. Subject to court approval under sections 327,328 and 330 of the Bankruptcy Code, it is contemplated that FTI will seek compensation on an hourly rate for FTI employees that perform work for the Debtors and will seek reimbursement of necessary and reasonable out-of- pocket expenses in accordance with the applicable provisions of the Bankruptcy Code, the Bankruptcy Rules, the United States Trustee Guidelines for the Southern District of Ohio, the Local Rules, and all orders of this Court. 19. The Debtors shall compensate FTI at the hourly rates shown below for FTI employees that perform work on the Debtors. The Debtors shall also pay for FTI's out of pocket expenses. 5