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Effective Date Governance of the Reorganized Debtors (the <br />"Governing Agreement"), a copy of which was attached to the <br />Confirmation Order as Exhibit 2. <br />5. Pursuant to paragraph 82 of the Plan the Reorganized <br />Debtors are authorized to employ professionals to be performed <br />after the Effective Date without the approval of the Court. <br />Paragraph 4 of the Governance Provisions provides that retention of <br />professionals by the Reorganized Debtors is subject to Court <br />approval if such professionals had not previously been approved by <br />the Court during the bankruptcy cases. The Reorganized Debtors <br />have been informed that the Court has determined that the terms of <br />the Plan that was circulated to all parties in interest shall <br />govern over the terms of the Governance Agreement, which was <br />contemplated by the Plan but not circulated to all parties prior to <br />the confirmation hearing, to the extent of any inconsistencies. <br />Accordingly, the Reorganized Debtors believe Court approval of <br />professionals retained post-confirmation is not required. <br />Moreover, neither the .Plan nor the Governance Agreement require <br />court approval for the Reorganized Debtors to employ persons other <br />than professionals. <br />6. Although Court approval is not required, the Reorganized <br />Debtors wish to provide parties in interest with notice of the <br />retention of professionals not previously retained in this case and <br />3 <br />