2021-03-16_GENERAL DOCUMENTS - C1980004

• Permit No: C1980004
• IBM Index Class Name: General Documents
• Doc Date: 3/16/2021
• Doc Name Note: Case No. 20-12043 ‎(GRH)‎ Hopedale Mining LLC
• Doc Name: Bankruptcy Notice
• From: Porterwright
• To: DRMS
• Permit Index Doc Type: General Correspondence
• Email Name: JRS
• Email Name: JDM
• Email Name: GRM
• Email Name: CMM
• Email Name: CCW
• Media Type: D
• Archive: No

Case 1:20-bk-12043 Doc 643-6 Filed 03/03/21 Entered 03/03/21 18:42:10 Desc
Exhibit F Page 5 of 8
Subject: RE: In re Hopedale Mining LLC, et at., Case No. 20-12043 (GRH) (Bankr. S.D. Ohio): - Prepetkion Agent Fees and
Expenses
Case 1:20-bk-12043 Doc 643-6 Filed 03/03/21 Entered 03/03/21 18:42:10 Desc
Exhibit F Page 6 of 8
Assuming that the Debtors' agree with the above analysis, and with the end of the year approaching, we would like to
be able to have this Involm paid before the dose of the month.
IFFIrternal email]
Phillip:
We are in receipt of your email and will review. We will also pass this along to the UCC. Thanks,
A.J. Webb
Attorney at leer I Proof Bmwv Todd LLC
513.651.6842 Direct
513.394.6571 Mobile
awebb@11AU ni
From: [e-mail] <[e-mail]
SsI. Thursday, December 17, 202011:01 AM
To. Lute, Douglas L <2Lgz@fbtlaw.c9m>, Webb, AJ. <[e-mail]>
Cc: Jos [e-mail]: [e-mail]: [e-mail]; [e-mail]
Subject: RE: In ne Hopedale Mining LLC, at al., Case No. 20-12043 (GRH) (Bankr. S.D. Ohio): - Prepertitlon Agent Fees and
Expenses
Doug and A.J.,
This email follows up on the vokemalls I left for each of you at your office numbers this morning.
On Monday, I sent you and the other Final DIP Order notice parties under Paragraph 25 of the Final DIP Order the email
at the bottom of this chain with H&K's Invoice for postpetition fees as counsel to Cortland/Alter Domus, which are the
Pmpetition Agent and the Prepetition Collateral Agent, as well as the DIP Administrative Agent and DIP Collateral Agent.
it appears counsel to the Creditors' Committee responded with the note below to Stroock. We think that the Creditors'
Committee Is mistaken in their understanding that the settlement with the lenders includes the agents' fees. rd like to
discuss this Issue with you at your convenience.
1 have looked at the settlement with respect to the lenders' fees set forth in Paragraph 61.c the Sal Order (attached for
reference). It provides that the NPrepetttlon Lenders' and DIP Lenders' professionals fees shall be paid by the Debtors
only to the extent set forth In the Approved Cash Flow Forecast.' This provision does not include the Prepetition Agent
and DIP Agent - nor was Cortland or Its counsel Involved in negotiating this settlement. Paragraph 63 of the Sale order
further provides that'[elxcept as expressly provided herein, all of the rights of the DIP Secured Parties and their
assignees and designees under the DIP Facility and the Final DIP Order remain In full force and effect.'
Accordingly, we think the Final DIP Order continues to control with respect to payment of the agents' fees. This invoices
for approximately $24,000 represents H&K's postpetition fees as the agents' counsel from July 22, 2020 through
December 14, 2020. We are semklve to the fact that this case Is on a tight budget. I think the amount of the Invoke
reflects that. But Cortland Is entitled to its fees and expenses under the Final DIP Order, and the Creditors' Committee's
settlement with the lenders with respect to the lenders pmfessionals' fees does not change that.
Case 1:20-bk-12043 Doc 643-6 Filed 03/03/21 Entered 03/03/21 18:42:10 Desc
Exhibit F Page 7 of 8
Frank and Samantha —I hope all Is well. We understand that the full amount of the lenders' fees under the budgets have
already been paid. Per our settlement, there would be nothing more payable to the agent. Can you please advise them
as such and have this withdrawn? if you have any questions about the economla, please feel free to call AS Best.
Geoff
From: [e-mail] <[e-mail]
sent: Monday, December 14, 20201:45 PM
To: Goodman, Geoff<[e-mail] ; Lee, Man <[e-mail]>; kbarber@barberlawkvcom:
[e-mail]: A.I. Webb <[e-mail]>, [e-mail]
Cc Jos [e-mail]: Ant [e-mail]: [e-mail]: [e-mail]:
[e-mail]: [e-mail]; Rhino.S51.0stroockmm
Subject: In re Hopedale Mining LLC, et al., Case No. 20-12043 (GRH) (Bankr. S.D. Ohio): - Prepetition Agent Fees and
Expenses
as EXTERNAL EMAIL MESSAGE'^
Hello Counsel,
Pursuant to Paragraphs 18(d) and 25 of the final DIP financing order [Dkt. 238] entered in the above -referenced use,
please find attached the invoke of Holland & Knight as counsel to Cortland Capital Market Services LLC, the Prepetition
Agent and Prepetttion Collateral Agent (as defined in that order).
Best,
Phil
Phillip Nelson I Holland & Knight
Senior Counsel
Holland & Knight LLP
150 N. Riverside Plaza, Suite 2700 1 Chicago, Illinois 60606
Phone [phone] Fax [phone]
[e-mail] I www.hklaw.com
aM to a kth,11 book I wow Wolessarol bbaraphy
iKhm: Th IS a -mall K fmm a Nov firm, Ho11arM & Knight LLP ant ant a Indented solely for the use of Me I—Iolual(s) to venom it Is
addhessed. If you bellew you received this a -mall In error, please north, the sender ImmedWhOy, delete the a - mall ham your mmpu[er and
M not ropy or dlulose It to anyone else. If You he hat an existing client of H&K, do not construe anything In this e-mail to make you a ctem
less a m unless a Sp1nc srMe, a to Mat enact and do cat disclose anything to H&K In why the, you expect it to Mkt In confldentt If
You PmWy hKNved the e-mail as a client, co-wunsel or rtelred expert of H&K, you shuulo mail —In as contents In mnfldence In order to
preserve the sdomev,Ma or work pmdun privilege that may be a-labie to protect confldentlalay.
The Information contained in this message, including but not limited to any attachments, may be confidential or
protected by the attomey-client or work -product privileges. It is not intended for transmission to, or recelpt by, any
unauthorized persons. Ifyou have received this message in error, please (1) do not read It, (it) reply to the sender that
you —hred the message in error, and (III) erase or destroy the message and any attachments or copies. Any disclosure,
copying, distribution or reliance on the contents of this message or its attachments is strictly prohibited, and may be
unlawful. Unintended transmission does not constitute waiver of the anomeyclient privilege or any other privilege.
Legal advice contained in the preceding message is solely for the benefit of the Foley & lardner LLP client(s) represented
by the Firm in the particular matter that is the subject of this message, and may not be relied upon by any other parry.
Please let me know if you disagree. I would be happy to get on a call and discuss.
Best,
Phil
Phillip Nelson I Holland & Knight
Senior Counsel
Holland & Knight LLP
150 N. Riverside Plaza, Suite 2700 1 Chicago, Illinois 60606
Phone [phone] Fax [phone]
[e-mail] I www.hkiaw.com
rant to add,e„ anon I vow phnhe,vohai naxhapbv
From: Martin, Samantha L <[e-mail]>
Sere: Tuesday, December 15, 20204:49 PM
To: Amorinl, Anthony J (CHI - X66033) <[e-mail]
Cc: Metals, Frank A [e-mail]>
Subject: F W: In re Hopedale Mining LLC, et al., Case No. 20-12043 (GRH) (Banlo. S.D. Ohio): - Prepetition Agent Fees and
Expenses
faleroal email;
Hi Tony,
Please see the note from the Committee's counsel below. Would you have a couple of minutes today
to discuss?
Best,
Samantha
Samantha Martin
Spacial Counsel
STROOCK
180 Malden lane, New York, NY 10038
D- 212.806.6559
smartmAstroockoom I vCard I wwwstroock.com
From: [e-mail] <[e-mail]>
Sent: Tuesday, December 15, 2020 222 PM
To: Marble, Frank A. <[e-mail]>; Martin, Samantha L <[e-mail]>
Cc Kent Better ([e-mail]) <kbarberiabarberlawkv.comi,; [e-mail]: Burgess, Patricia
<pbu rgess @fit law.com>
Subject: (EXTERNAL] FW: In re Hopedale Mining LLC, at at, Case No. 20-12043 (GRH) (Bankr. S.D. Ohio): -- Prepetkon
Agent Fees and Expenses
Case 1:20-bk-12043 Doc 643-6 Filed 03/03/21 Entered 03/03/21 18:42:10 Desc
Exhibit F Page 8 of 8
Unless expressly stated otherwise, nothing contained in this message should be construed as a digital or electronic
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NOTICE: This electronic mail transmission is for the use of the named individual or entity to which it is directed and may
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sender that you received the message in error, and (iii) erase or destroy the message and any attachments or
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client privilege or any other privilege. Legal advice contained in the preceding message is solely for the benefit
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message, and may not be relied upon by any other party. Unless expressly stated otherwise, nothing contained
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<Hopedale (504) Order Approving 9019 with Signatures.pdf>