ARTHUR GONZALEZ, Bankruptcy Judge
The Official Committee of Unsecured Creditors (the "Committee") of the debtors and debtors in possession (the "Debtors") in the above captioned cases, having requested, by application dated July 30, 2004 (the "Application"), entry of an order, under sections 328(a) and 1103 of title 11 of the United States Code, 11 U.S.C. §§ 101- 1330 (as amended, the "Bankruptcy Code"), authorizing an amendment to certain terms of the employment and retention of Houlihan Lokey Howard Zukin Financial Advisors, Inc. ("Houlihan Lokey"), the Committee's financial advisors pursuant to an engagement letter, dated December 17, 2001 (the "Engagement Letter"); and the Committee having filed with the Court a memorandum of law, dated September 27, 2004, in support of the Application (the "Memorandum of Law"); and the Court having considered the Application and the Memorandum of Law; and it appearing that due and proper notice of the Application and the relief requested therein having been provided, and no further notice need be given; and a hearing having been held before this Court (the "Hearing") to consider the Application and the relief requested therein, and any objection to the Application having been withdrawn, overruled, or otherwise determined to be inapplicable; and all parties in interest having been heard or having been afforded an opportunity to be heard at the Hearing; and no adverse interest being affected; and after due deliberation and sufficient cause appearing therefore, it is hereby
Capitalized terms not defined in this Order shall have the meanings given to them in the Application.
ORDERED the Application is granted; and it is further
ORDERED that the requirements of LBR 9013-1(b) are waived with respect to the Application; and it is further
ORDERED that the retention of Houlihan Lokey pursuant to the terms and conditions in the Engagement Letter is hereby amended (the "Amended Terms") as follows:
?? The transaction fee shall be increased to $14,500,000 from $9,500,000;
?? The provision reducing the transaction fee by a portion of the monthly fees shall be eliminated;
?? The monthly fee payable to Houlihan Lokey shall be reduced to $175,000 per month, from $350,000 per month, for all monthly periods commencing after December 31, 2004; and
?? Payment of the transaction fee shall take place upon the earlier of (x) the completion of the closing of the sale of CrossCountry Energy or (y) December 31,
2004, rather than the effective date of the Debtors' chapter 11 plan;
and it is further
ORDERED that, subject to the provisions of this Order, this Court's Order Pursuant To 11 U.S.C. §§ 328(a) And 1103, Fed.R.Bankr.P. 2014 And S.D.N.Y. LBR 2014-1, Authorizing Employment And Retention Of Houlihan Lokey Howard Zukin Financial Advisors, Inc. As Financial Advisor To Official Committee Of Unsecured Creditors Nunc Pro Tunc As Of December 17, 2001, dated October 10, 2002 (the "Original Order"), and the Engagement Letter, shall remain in full force and effect; and it is further
ORDERED that, notwithstanding anything contained in this Order or the Original Order, the Court shall retain the right to review, at the final hearing on fee applications in these cases, the Amended Terms pursuant to the standard of review set forth in 11 U.S.C. § 330; and it is further
ORDERED that this Court shall retain jurisdiction to construe and enforce the terms of this Order.