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Case 1:20-bk-12043 Doc 643 Filed 03/03/21 Entered 03/03/21 18:42:10 Desc Main <br />Document Page 13 of 20 <br />contingent [sic] precedent that the various agents sign a release consistent with Paragraph 4(a), <br />which they did .... As such, any fee claim as against the estates by any lender or agent has been <br />released." <br />38. Cortland/AD responded to the Committee the same day, contesting the <br />Committee's characterization of the release in Section 4(a) of the Settlement Agreement and the <br />Joinder, and further pointing out the "Paragraph 8 of the stipulation itself provides that `the terms <br />and provisions of the Sale Order shall remain in full force and effect." A true copy of <br />Cortland/AD's response to the Committee's December 23 E-Mail, which includes the December <br />23 E-Mail in the chain, is attached to this Application as Exhibit F. <br />39. Neither the Debtors nor the Committee responded further to Cortland/AD's e-mail. <br />Instead, on December 29, 2020, Stroock e-mailed Holland & Knight (the "December 29 E-Maif') <br />with the following: <br />We discussed the payment of your fees with the Debtors' counsel, and we <br />received this response: <br />Hi Samantha: <br />Geoff and I spoke yesterday afternoon. After talking with him and <br />reviewing the settlement and related documents, we think Cortland released <br />these fees. A release of the fees was definitely an intent of the settlement <br />from the Creditors' Committee and Debtors' perspectives. Based on our <br />conversation yesterday, I let Geoff know that Cortland's total fee request is <br />expected to be between $35,000 and $40,000. Under the Plan, <br />administrative expense requests and final fee applications must be filed no <br />later than 30 days after the Effective Date. We expect the Effective Date to <br />occur on or around January 29, 2021. The estate has sufficient funds to pay <br />all administrative expenses and allowed professional fees in full, including <br />these Cortland fees if a timely administrative expense request is filed and <br />the fees are allowed. As of yesterday, I know Geoff had not spoken to Phil. <br />I'll follow up with Geoff about that. Let me know if you want to discuss <br />further. Doug. <br />A true copy of the December 29 E-Mail is attached as Exhibit G. <br />26594115v.2 <br />