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Re: emailjanum post# 23794

Tuesday, 11/16/2010 9:42:48 PM

Tuesday, November 16, 2010 9:42:48 PM

Post# of 24889
The [United States Trustee] argues with some force that if an incentive plan is based on achievement of EBITDA targets and those targets are not achieved, yet the bonus is still received, that the plan cannot be an incentive plan but must, in fact, be solely a retention plan.

'Courts of bankruptcy are essentially courts of equity, and their proceedings inherently are proceedings in equity.'

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