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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 14 of 20 <br />40. Recognizing that the Debtors and the Committee preferred to have the Court <br />resolve this dispute, Cortland/AD has followed their suggestion and filed this Application, which <br />includes Holland & Knight's additional fees for time spent (a) addressing the Debtors' and the <br />Committee's various objections to Cortland/AD's original $24,000 fee request and (b) preparing <br />this Application. As of the date of this Application, Cortland/AD is owed $22,500 for the DIP Fee <br />and $50,000 for the reimbursable expenses of its counsel. To the extent that the Debtors or the <br />Committee continue to challenge Cortland/AD's right to be paid under the Final DIP Order and <br />cause it to incur additional expenses, Cortland/AD reserved the right to supplement this <br />Application. <br />Basis for Relief <br />41. The Debtors and the Committee do not dispute, nor could they, that the Final DIP <br />Order entitles Cortland/AD to have its fees and expenses in this case paid as administrative <br />expenses of the Debtors' estates, whether characterized as the DIP Fees and Expenses or the <br />Adequate Protection Fees and Expenses, without the need for Cortland/AD to file payment <br />applications such as this one. <br />42. While the Debtors and the Committee have appeared to drop the argument, it is <br />worth noting that there is no merit to the Committee's original position that the Sale Order limits <br />Cortland/AD's right to have its fees and expenses reimbursed pursuant to the Final DIP Order. As <br />noted above and in Cortland/AD's correspondence with the Debtors and the Committee, Paragraph <br />61.c(iii) of the Sale Order establishes a budget or cap with respect to the lenders' professional fees <br />by providing that "the Prepetition Lenders' and DIP Lenders' professionals' fees shall be paid by <br />the Debtors only to the extent set forth in the Approved Cash Flow Forecast." While the Sale Order <br />incorporates the defined terms of the Final DIP Order by reference (see Sale Order ¶ 60 n.9.), it <br />advisedly does not use the terms "DIP Secured Parties" or "Prepetition Secured Parties," in <br />26594115v.2 <br />