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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 />