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11-22820-rdd

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. Chapter 11 Case No. 11-22820 (RDD)

ORDER GRANTING APPLICATION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS PURSUANT TO FED. R. BANKR. P. 2014 FOR ENTRY OF AN ORDER AUTHORIZING AND APPROVING THE EMPLOYMENT OF BERKELEY RESEARCH GROUP, LLC AS ACCOUNTANT AND FINANCIAL ADVISOR TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS Upon consideration of the Application of the Official Committee of Unsecured Creditors Pursuant to Fed. R. Bankr. P. 2014 for Entry of an Order Authorizing and Approving the Employment of Berkeley Research Group, LLC as Accountant and Financial Advisor to the Official Committee of Unsecured Creditors, by notice of presentment dated May 2, 2012 (the Application),1 filed by the Official Committee of Unsecured Creditors appointed in the abovecaptioned case (the Committee), and upon the Declaration of Marvin A. Tenenbaum (the Tenenbaum Declaration) in support of the Application; and the Court being satisfied based on the representations made in the Application and in the Tenenbaum Declaration that BRG and its professionals neither hold nor represent an interest adverse to the Debtors estates with respect to the matters upon which it is to be engaged, and that its employment by the Committee is necessary; and the Court having jurisdiction to consider the Application and the relief requested therein pursuant to 28 U.S.C. 157(a) and 1334(b); and this matter being a core proceeding pursuant to 28 U.S.C. 157(b)(2); and venue being proper in this District pursuant to 28 U.S.C. 1408 and 1409; and it appearing that the relief requested in the Application is in the best
1

Capitalized terms not otherwise defined herein shall have the meanings set forth in the Application.

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interests of the Committee, the Debtors and other parties in interest; and the Committee having provided adequate and appropriate notice of the Application under the circumstances; and after due deliberation and good and sufficient cause appearing therefor; and it appearing to the Court that the said Application should be approved, IT IS HEREBY ORDERED THAT:

1. 2.

The Application is GRANTED as set forth herein. In accordance with sections 328, 504, 1102, and 1103 of the Bankruptcy

Code, Bankruptcy Rules 2014 and 2016 and Local Bankruptcy Rules 2014-1 and 2016-1, the Committee is authorized to employ and retain BRG as its accountant and financial advisor on the terms set forth in the Application. 3. BRG shall apply for compensation for professional services rendered and

reimbursement of expenses incurred in connection with the Debtors Cases in compliance with 11 U.S.C. 330 and 331, as the case may be, and the applicable Bankruptcy Rules, the U.S. Trustee Guidelines, and any other applicable procedures and orders of this Court, including General Order M-389, the Order Granting Debtors Motion to Establish Procedures for Monthly Compensation and Reimbursement of Expenses of Professionals [Docket No. 64], and such other orders as this Court may direct. 4. BRG shall provide notice to the Court of any adjustments of its hourly

rates, and shall serve such notice upon the U.S. Trustee, the Debtors, and any persons otherwise entitled to service of such notice in these Cases.

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5.

The Committee and BRG are authorized and empowered to take all

actions necessary to implement the relief granted in this Order. 6. The terms and conditions of this Order shall be immediately effective and

enforceable upon its entry. 7. This Court shall retain jurisdiction with respect to all matters arising from

or related to the implementation of this Order. Dated: White Plains, New York June 12, 2012 /s/Robert D. Drain UNITED STATES BANKRUPTCY JUDGE

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