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Case 1:20-bk-12043 Doc 665 Filed 03/31/21 Entered 03/31/21 19:37:22 Desc Main <br /> Document Page 7 of 9 <br /> Debtors pursuant to the terms of the APA" to be preserved, other than its continued right (as a <br /> DIP Secured Party and a Prepetition Secured Party) to have its administrative expenses paid by <br /> the Debtors' estates, which the Sale Order left in place and which the "carve-out," as the <br /> Liquidating Trustee calls it, thus expressly preserved. Accordingly, as it relates to Cortland/AD, <br /> the only party that signed the Joinder, it is the Liquidating Trustee's interpretation of the Joinder <br /> that is "tortured" (Obj. ¶ 18), would render the second carve-out meaningless, and should be <br /> rejected by the Court. <br /> Reservation of Rights <br /> 12. Moving beyond the question of what rights the Joinder released and preserved,the <br /> Liquidating Trustee asserts that Cortland/AD must provide "additional evidence on the attorneys' <br /> fee issue" and complains that the "Application does not attach any time entries or other support <br /> for the attorneys' fee request." (Obj. ¶¶20-21.) As noted in the Application, Cortland/AD already <br /> submitted an invoice (attached to the Application as Exhibit D) for the $23,500 of the attorneys' <br /> fees it was seeking when this dispute arose pursuant to the notice provisions Paragraph 25 of the <br /> Final DIP Order,which provides in part that"payment of all DIP Fees and Expenses and Adequate <br /> Protection Fees and Expenses shall not be subject to allowance or review by the Court." None of <br /> the Review Parties (as defined in the Final DIP Order), which included counsel to the Committee, <br /> now counsel to the Liquidating Trustee, objected to that invoice on the basis of reasonableness. <br /> The only issue was whether the right to be paid under the Final DIP Order had been released. <br /> 13. Cortland/AD respectfully submits that if the Court determines that Cortland/AD <br /> did not release its rights to have its professional fees paid pursuant to the Final DIP order, <br /> Cortland/AD can prepare a similar invoice for the balance of the fees it is seeking, and the <br /> Liquidating Trustee should be directed to pay the requested fees, consistent with the terms of the <br /> 7 <br />