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Order Granting Preliminary Injunction and Appointing Receiver - The ...

Order Granting Preliminary Injunction and Appointing Receiver - The ...

the CRO from the Lone

the CRO from the Lone Star sale proceeds, whether to Harder's bankruptcy estate orotherwise;(b)(c)Have access to all books, records and documents of the Receivership Entities;Establish a bank account or use existing bank accounts to pay expenses andotherwise administer the receivership as provided herein;(d)Take necessary steps to investigate and recover assets that may have beenconveyed to third parties or otherwise concealed;(e)Take necessary steps to investigate and account for the disposition and use offunds obtained by the Defendants, Relief Defendants and Receivership Entities;(fjEngage and employ persons, including accountants, attoxneys, speciallitigation counsel and experts, to assist in the carrying out of the Receiver's duties andresponsibilities hereunder;(g)Select, in cooperation with the MC, an accounting firm to provide independentaccounting services and reports for the Receivership Entities, Senenet Leasing Company andEncore Indemnity Management , LLC with due deference given to the provisional selectionof Moss Adams, but also considering options proposed by the Receiver;(h)Take necessary steps to investigate claims which may now or hereafter exist asa result of the activities of the Receivership Entities, and their past and present employees,agents, subsidiaries and affiliates; and(i)Subject to privilege review and appropriate confidentiality, as agreed ordetermined by the Court, image all laptops, computers, PDAs, smart phones and relatedelectronic storage devices of the Defendants, Relief Defendants (other than Clyde Hamstreetand Clyde A. Hamstreet & Associates, LLC), and Receivership Entities, and have access toall information contained therein, including the passwords and logon information related tothe same, except for information for which any non-Receivership Party holds a privilege.The Receiver shall not waive the attorney-client privilege or the attorney work product30 Piorwr Tower888 SW Fifth awn^Portland. Oregou 97204.2089Tekplaile: 503.228.6351[PROPOSED] ORDER GRANTING PRELIMINARY INJUNCTION ANDAPPOINTING RECEIVERPage 6

doctrine applicable for any non-Receivership Entities under any relevant state or federal law.The individual Defendants and individual Relief Defendants shall not be deemed to havewaived any privilege, held joindy or individually, contained in any documents or data storedon any laptops, computers, PDAs, Smart Phones or related electronic storage devices imagedby the Receiver and shall also retain the right to the return of privileged information underapplicable law. In the event the Defendants, Relief Defendants or Receivership Entitiesassert privilege over any documents, they shall provide the Receiver's counsel and theCommission's counsel with a privilege log sufficiently detailed to permit the Receiver'sCounsel and the Commission's counsel to determine, and possibly contest, any assertions ofprivilege.v.IT IS FURTHER ORDERED that no creditor of or claimant against any of theReceivership Entities, or any person acting on behalf of such creditor or claimant, shall takeany action to interfere with the Receiver's or CRO's control, possession, or management ofthe Receivership Entities or any of their assets, including, but not limited to, the filing of anylawsuits, liens or encumbrances or bankruptcy cases to impact the Receivership Entities orany of their assets without further order of this Court. Without limiting the scope of thepreceding sentence, no person or entity, including any creditor or claimant against any of theDefendants, or any person acting on behalf of such creditor or claimant, shall take any actionto terminate any management contract between Sunwest and any of the Receivershipoc&'oiPl~ntities. n k 0- shnW Mot be CovtSrroed -g -3 Jh pQe"d-k5~QHLVU~Y a e ~ VI. ,at%wo r g a &d r w m h l i'IT IS FURTHER ORDERED that, provided that Fisher and Gutzler turn over to theReceiver for use by the CRO, for necessary restructuring purposes subject to their respectiverights under the CRO Engagement Agreement (including but not limited to their right to bepaid their post-receivership reasonable professional fees and expenses from the CRO), all[PROPOSED] ORDER GRANTING PRELIMINARY INJUNCTION ANDAPPOINTING RECEIVERPage 70t6.5

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