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11-22820-rdd

Doc 276

Filed 03/26/12

Entered 03/26/12 10:27:37 Pg 1 of 2

Main Document

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------- x In re: : : THE CHRISTIAN BROTHERS INSTITUTE, et al. : : : Debtors. ------------------------------------------------------------------- x

Chapter 11 Case No.: 11-22820 (RDD) (Jointly Administered)

ORDER AUTHORIZING RETENTION OF NEWMARK & COMPANY REAL ESTATE, INC. AS DEBTORS REAL ESTATE BROKER Upon the application (the Application) of The Christian Brothers Institute, debtor and debtor-in-possession (the Debtor)1 for an order pursuant to 327(a) of the Bankruptcy Code, Bankruptcy Rule 2014 and Local Rule 2014-1 authorizing and empowering the Debtor to employ and retain Newmark & Company Real Estate Inc. d/b/a Newmark Knight Frank (Newmark) as its real estate broker under the Agreement in connection with the marketing and sale of the real property located at 173 Stratton Road, New Rochelle, New York and vacant property across the street therefrom, owned by the Debtor; and upon the Kuhn Affidavit and the Agreement attached to the Application; and the Court being satisfied that (i) Newmark does not hold or represent an interest adverse to the estate with respect to the matters for which Newmark will be engaged; (ii) Newmark is a disinterested person in connection with the Debtors Chapter 11 case pursuant to 101(14) of the Bankruptcy Code; and (iii) Newmarks retention and employment is necessary and in the best interest of the estate; and it appearing that no further notice need be given, and sufficient cause appearing therefore; it is ORDERED, that the Application is granted; and it is further ORDERED, that the Agreement is approved; and it is further

Capitalized terms otherwise underlined herein shall have the meanings set forth in the Application.

{Client/001718/BANK376/00469621.DOC;1 }

11-22820-rdd

Doc 276

Filed 03/26/12

Entered 03/26/12 10:27:37 Pg 2 of 2

Main Document

ORDERED, that pursuant to Bankruptcy Code 327(a) and 328, Rule 2014 and Local Bankruptcy Rule 2014-1, the Debtor is hereby authorized and empowered to retain and employ Newmark in its Chapter 11 case to perform the services specified in the Application and the Agreement; and it is further ORDERED, that the compensation to be paid to Newmark for services rendered and to be rendered to the Debtor shall only be paid pursuant to the Agreement and prior Court approval upon application under the applicable provisions of the Bankruptcy Code, Bankruptcy Rules and Local Rules, except that Newmark shall not be required to maintain time records in support of its request for compensation and reimbursement of expenses; and it is further ORDERED, that this Court shall retain jurisdiction over all matters arising from or related to the interpretation and implementation of this Order. Dated: White Plains, New York March 26, 2012 /s/Robert D. Drain HONORABLE ROBERT D. DRAIN UNITED STATES BANKRUPTCY JUDGE

No Objection to Entry of this Order: Office of the United States Trustee Southern District of New York

By: Paul K. Schwartzberg

{Client/001718/BANK376/00469621.DOC;1 }

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