AND RESCISSION OF EXHIBIT 14

—CONTINUING PRACTICE PROTOCOL _______________________________________ Standing Order 24-16 ORDER ADOPTING TECHNICAL CONFORMING AMENDMENTS TO LOCAL BANK- RUPTCY RULES 1007-1(J) AND 4008-2(A); AMENDMENTS TO LOCAL BANKRUPTCY RULE 2090-1 AND RESCISSION OF EXHIBIT 14—CONTINUING PRACTICE PROTO- COL [Rescinded Effective 12/01/24] Exhibits EXHIBIT 15 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA In re: AMENDED JUDGE ASSIGNMENT PROTOCOL FOR MEGA CHAPTER 11 CASES, Standing Order 24-17 ORDER AMENDING JUDGE ASSIGNMENT PROTOCOL FOR MEGA CHAPTER 11 CASES Effective February 15, 2022, the United States Bankruptcy Court for the Eastern District of Virginia implemented a randomized judge assignment protocol among the Judges of the Court for the assignment of mega chapter 11 bankruptcy cases. A mega chapter 11 case is defined as a case where a debtor or affiliated or consolidated group of debtors has total noncontingent, liqui- dated, and non-insider liabilities or assets greater than $100,000,000. The Court implemented the protocol to maximize and evenly utilize the Court’s judicial and administrative resources. In fur- therance of these goals, the Court finds that the existing protocol should be amended as set forth below effective January 10, 2025.

Accordingly, it is ORDERED that mega chapter 11 cases will be randomly assigned among the Judges of this Court without regard to the Division in which the case is filed. It is further ORDERED that once a mega chapter 11 case has been randomly assigned, the case will be assigned to the Division in which the presiding Judge is resident. It is further ORDERED that the Honorable Stephen C. St. John (the “Assigning Judge”) will perform the random assignment of mega chapter 11 cases. The Assigning Judge is ineligible to receive a mega case assignment.

It is further ORDERED that the Assigning Judge will determine when the case assignment module should be reset for the assignment of non-mega chapter 11 cases in the Division in which Exhibits EXHIBIT 15 the mega case is pending to ensure the fair distribution of subsequently filed non-mega chapter 11 cases given the size and complexity of the mega case. Finally, it is ORDERED that the Court will adopt the amendments to Exhibits 15 and 16 to the Local Bankruptcy Rules (respectively, the “Procedures for Complex Chapter 11 Cases in the Eastern District of Virginia” and the “Procedures for Assignment and Administration of ‘Mega Cases’ in the Eastern District of Virginia”) attached hereto as Exhibit A to effectuate the provisions of this Standing Order. The Clerk shall send notice of the entry of this Order to all registered CM/ECF users and post a copy of this Order on the Court’s website.

IT IS SO ORDERED.

FOR THE COURT: /s/ Frank J. Santoro FRANK J. SANTORO Chief United States Bankruptcy Judge Date: December 3, 2024 Exhibits EXHIBIT 15 PROCEDURES FOR COMPLEX CHAPTER 11 CASES IN THE EASTERN DISTRICT OF VIRGINIA (Effective February 15, 2022)(rev.1/10/2025) Pursuant to section 105(d)(2) of Title 11 of the United States Code (the “Bankruptcy Code”), unless otherwise ordered by the Court, these procedures (the “Chapter 11 Procedures”) shall apply to the administration of the following (collectively, the “Chapter 11 Cases”): (a) any case, other than a single asset real estate case, in which the noncontingent, liquidated debt owed by the debtor1 exceeds $15 million; (b) any case, other than a single asset real estate case, with noncontingent, liquidated debt in excess of $7.5 million and not more than $15 million in which the debtor elects treatment as a complex case by filing a notice of such election with the Petition or within 7 days after the order for relief; and (c) any case, upon motion of the debtor or the United States Trustee (the “U.S. Trustee”), which may be heard as a first day motion, the Court designates as complex. These Chapter 11 Procedures shall also apply to Chapter 11 Cases that meet the foregoing criteria and are initiated by the filing of an involuntary petition under section 303 of the Bankruptcy Code. The Bankruptcy Code, the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), and the Local Rules of the United States Bankruptcy Court for the Eastern District of Virginia (the “Local Bankruptcy Rules”) shall govern all matters in Chapter 11 Cases, except to the extent the Local Bankruptcy Rules conflict with or are inconsistent with the procedures set forth herein.

I. FIRST DAY HEARINGS AND CASE DESIGNATION A.

The following persons (for each division and for Mega Cases, the “Designated Contact”) are designated as the initial point of contact for all pre-filing matters for anticipated Chapter 11 Cases. Proposed counsel for the debtor in a Chapter 11 Case should contact the Designated Contact for the division in which the Chapter 11 Case will be filed as early as possible prior to filing a Chapter 11 Case to obtain a date and time for first day hearings. 1. For Cases to Be Filed in the Alexandria Division.

Please contact either Courtroom Deputy for the Alexandra Division. Their names and contact information at on https://www.vaeb.uscourts.gov/telephone-listings. available website Court’s the are 2. For Cases to Be Filed in the Norfolk / Newport News Divisions. Please contact either Courtroom Deputy for the Norfolk/Newport News Division.

Their names and 1 The term “debtor(s)” is used herein for convenience and includes a single debtor as well as a group of affiliated debtors whose cases are jointly administered or substantively consolidated. Exhibits Page 76 contact https://www.vaeb.uscourts.gov/telephone-listings. information available are on EXHIBIT 15 the Court’s website at 3. For Cases to Be Filed in the Richmond Division. Please contact either Courtroom Deputy for the Richmond Division.

Their names and contact information are available at https://www.vaeb.uscourts.gov/telephone-listings. 4. For Mega Cases2 to Be Filed in Any Division. The Honorable Stephen C. St. John has been designated as the Assigning Judge.

Please contact the chambers of the Assigning Judge. B. Drafts of First Day Motions (as defined herein) should not be delivered to the Clerk’s office or chambers. First Day Motions are to be delivered in final form upon request only after the motions have been filed. C. As soon as reasonably practicable prior to filing a Chapter 11 Case, counsel to the proposed debtors are encouraged to make a good faith effort to provide advance notice of the intended filing and drafts of First Day Motions to the Assistant U.S. Trustee for the division in which the Chapter 11 Case is to be filed.

D. Nothing herein shall be construed to modify applicable law concerning impermissible ex parte communications.

E. video conference.

Unless otherwise ordered by the Court, all first day hearings shall be conducted by F. First day hearings shall be conducted on no less than 24 hours’ notice and, unless otherwise requested by the debtors, held within 2 business days of the filing of the Chapter 11 case. G. These Chapter 11 Procedures shall apply to any case that is filed which meets the definition of a “Chapter 11 Case” as defined herein. However, nothing herein shall prohibit the debtor from (i) requesting a determination that any or all of these Chapter 11 Procedures not apply to the Chapter 11 Case; (ii) requesting alternative or additional procedures apply; or (iii) seeking such other or further relief as may be just and proper under the circumstances. 2 See Exhibit 16 for additional local rules applicable to and the definition of Mega Cases.

Exhibits EXHIBIT 15 II.

SERVICE A.

Procedures Established for Notices. All (a) notices, motions, applications, and other requests for relief, (b) brief, memoranda, affidavits, declarations, replies, and other documents filed in support of such papers seeking relief (collectively, “Requests for Relief”), and (c) all objections and responses to such Requests for Relief (collectively, the “Objections,” and, together with the Requests for Relief and all other filed documents, the “Rule 2002 Court Filings”) shall be filed and served in accordance with the notice procedures set forth herein (the “Notice Procedures”).

B. Definitions of Entities Entitled to Service.

All Rule 2002 Court Filings shall be served on the Core Group, the 2002 List, and Affected Entities (each as defined herein and collectively, the “Service List”) according to the Notice Procedures. A Rule 2002 Court Filing is deemed not to have been properly served until served, at a minimum, on all of the parties in the Core Group. 1. Core Group.

The following entities shall comprise the core group of entities in a Chapter 11 Case (collectively, the “Core Group”): (a) the Assistant U.S. Trustee for the division in which the Chapter 11 Case is pending; (b) the debtors; (c) counsel for the debtors; (d) counsel for any committee appointed pursuant to section 1102 of the Bankruptcy Code;3 (e) counsel to the debtors’ prepetition lenders; (f) counsel to the debtor’s postpetition lenders, if any; (g) all applicable government agencies to the extent required by the Bankruptcy Rules and the Local Bankruptcy Rules; (h) any party that has requested notice pursuant to Bankruptcy Rule 2002; and (i) any other party and/or counsel designated by the debtors. Updated Core Group lists shall be provided on the Case Website (as defined herein) from time to time. 2. 2002 List.

This group shall be comprised of all entities that have filed a request for service of filings pursuant to Bankruptcy Rule 2002. The debtors or the claims or noticing agent (the “Claims Agent”) shall be responsible for maintaining an updated list of those that have submitted a proper 2002 Notice Request (the “2002 List”). It is the responsibility of each entity submitting a 2002 Notice Request to file with the Court an updated 2002 Notice Request as necessary to reflect changes to any information, including email address and contact person, and serve a copy of such request upon the debtors. a. Filing Requests for Documents Requires Email Address. A request for service of papers pursuant to Bankruptcy Rules 2002 (each, a “2002 Notice Request”) filed with the Court shall be deemed proper if and only if it includes the following information with respect to the party filing such request: (A) name; (B) street address; (C) name of client(s), if applicable; (D) telephone number; (E) facsimile number, if applicable; and (F) either (i) electronic mail (or email) address or (ii) a certification in compliance with Part II.B.2.b infra. b. Certification Opting Out of Email Service.

Any individual or entity filing a 2002 Notice Request who does not maintain (and cannot practicably obtain) 3 Before the appointment of an official committee of unsecured creditors and its counsel, service shall be made upon either (i) the holders of the debtors’ twenty (20) largest unsecured claims or (ii) in a jointly administered Chapter 11 Case, the consolidated list of the debtors’ [at least] thirty (30) largest creditors. Exhibits EXHIBIT 15 an email address and thereafter cannot receive service by email must include in the 2002 Notice Request a certification to that effect (the “Certification”). The Certification shall include a statement certifying that the individual or entity does not maintain an email address and (B) cannot practicably obtain an email address at which the individual or entity could receive service by email. c. Failure to Include Email Address or Certification. If a 2002 Notice Request fails to include an email address or a Certification, within 5 business days after the filing of the Notice Request, the Debtors shall forward a copy of these Chapter 11 Procedures to such party specifically requesting an email address.

If no email address or no Certification is provided in response to such request, such party shall not be added to the 2002 List and shall not be served with copies of pleadings and documents filed in the Chapter 11 Case unless such pleadings and/or documents directly affect such party. 3. Affected Entities. This group shall be comprised of all entities with a particularized interest in the subject matter of the particular court filing (each, an “Affected Entity”).

C. Maintaining the 2002 List.

Unless the Claims Agent has been authorized by the Court to maintain the 2002 List in lieu of the debtors, the 2002 List must be filed by the debtors within 3 days after the petition date. A revised list must be filed 7 days after the initial 2002 List if any revisions are necessary. At least every 15 days during the first 60 days of the Chapter 11 Case, and thereafter at least every 30 days, until confirmation of a proposed chapter 11 plan or conversion of the Chapter 11 Case to another chapter, the debtors or the Claims Agent shall maintain and update the 2002 List by: (a) making any additions and deletions as necessary; (b) filing an updated 2002 List with the Court; (c) serving the updated 2002 List on the parties listed thereon; (d) filing a proof of service; and (e) simultaneously with the filing of the 2002 List, posting an updated version of the 2002 List on the Case Website (as defined herein).

D. Service of Motions.

With respect to filings for which particular notices are required to be served on all creditors and parties in interest, including Bankruptcy Rules 2002(a)(2)-(6), 4001, 6004, 6007, or 9019, parties shall serve all such filings only on the appropriate Service List by email, or by paper copy if an exemption is granted, and in accordance with the following procedures, unless otherwise ordered by the Court: 1. in the case of the use, sale, or lease of property pursuant to section 363 of the Bankruptcy Code, on all creditors, parties in interest and, where applicable, equity security holders; 2. in the case of abandonment of property, on each entity asserting an interest in that property; 3. in the case of a motion for relief or modification of the automatic stay, on each entity asserting a lien or encumbrance on the affected property; Exhibits EXHIBIT 15 4. in the case of a motion relating to the use of cash collateral or obtaining credit, on each party asserting an interest in the cash collateral or a lien or other interest in property upon which a lien or encumbrance is proposed to be granted; 5. in the case of a motion under Bankruptcy Rule 9019, on all parties that are parties to the relevant compromise and settlement or that may be directly affected by such compromise or settlement; 6. in the case of assumption, assignment, or rejection of an executory contract or an unexpired lease, on each party to the executory contract or the unexpired lease; 7. any objection, opposition, response, reply, or further document filed directly in response to a document shall be served on the entity that filed such document; and 8. all matters for which the Bankruptcy Rules specifically require notice to all parties in interest shall be served on all parties in interest unless otherwise directed by the Court.

E. Service of Adversary Proceedings.

All pleadings and other Court filings in any adversary proceeding commenced in the chapter 11 cases shall be served upon (i) the debtors, (ii) counsel to the debtors, (iii) the U.S. Trustee, (iv) counsel for any official committee appointed in the case, (v) each Affected Entity, (vi) any party that has filed a notice of appearance and requested notice in the adversary proceeding, and (vii) any other entities required to be served under any applicable Bankruptcy Rule or Local Bankruptcy Rule.

F. Proceedings Not Governed by the Notice Procedures.

Except as set forth herein or otherwise provided by order of the Court, the Notice Procedures shall not apply to notices of the matters or proceedings described in the following Bankruptcy Rules: 1. Bankruptcy Rule 2002(a)(1) (meeting of creditors pursuant to section 341 of the Bankruptcy Code); 2. Bankruptcy Rule 2002(a)(7) (time fixed for filing a proof of claim pursuant to Bankruptcy Rule 3003(c ; 3. Bankruptcy Rule 2002(b)(1) (time fixed for filing objections and any hearing to consider approval of a disclosure statement); 4.

Bankruptcy Rule 2002(b)(2) (time fixed for filing objections and any hearing to consider confirmation of a chapter 11 plan); 5. Bankruptcy Rule 2002(d) (certain matters for which notice is to be provided to equity security holders); 6. 7. Bankruptcy Rule 2002(f)(1) (entry of an order for relief); Bankruptcy Rule 2002(f)(2) (dismissal or conversion of a case to another chapter of the Bankruptcy Code); Exhibits EXHIBIT 15 8.

Bankruptcy Rule 2002(f)(3) (time allowed for filing claims pursuant to Bankruptcy Rule 3002); 9. Bankruptcy Rule 2002(f)(6) (waiver, denial, or revocation of a discharge as provided in Bankruptcy Rule 4006); 10. Bankruptcy Rule 2002(f)(7) (entry of an order confirming a chapter 11 plan); and 11. Bankruptcy Rule 2002(f)(8) (summary of the trustee’s final report and account should a case be converted to chapter 7 of the Bankruptcy Code).

G. Certificates of Service.

Notwithstanding Local Bankruptcy Rule 5005-1(D)(8), certificates of service of all Rule 2002 Court Filings, including a Service List, shall be filed by the party seeking relief with the Court within 7 days of the completion of noticing any particular matter; provided, however, that parties shall not be required to include the Service List when serving the certificate of service to such recipients.

H. Service by Electronic Mail.

All Rule 2002 Court Filings, other than a summons and complaint in an adversary proceeding or documents filed under seal, shall be electronically served on the Court’s electronic filing system, which shall be deemed to constitute proper service for all parties who are sent such email service. Subject to the limited exclusions set forth herein, each party that has filed a notice of appearance and a request for service of papers shall be deemed to have consented to electronic service of papers, in accordance with CM/ECF Policy–9 - Service of Documents of the Case Management/Electronic Case Files Policy (the “CM/ECF Policy”) available on the Court’s website. I. Waiver of Rule 6(d) of the Federal Rules of Civil Procedure. The filing deadlines do not require three (3) additional days’ notice as set forth in Rule 6(d) of the Federal Rules of Civil Procedure and Bankruptcy Rule 9006(f) when a document is served by electronic or overnight mail, including service, via the Court’s electronic filing system.

III.

HEARING DATES A.

Unless otherwise directed by the Court, omnibus hearing dates and non-omnibus hear- ing dates may be obtained by contacting the assigned judge’s courtroom deputy.

B. Omnibus Hearing Dates.

Periodic omnibus hearings will occur as may be scheduled by the Court (the “Omnibus Hearings”). Throughout the Chapter 11 Case, the debtors shall periodically request that Omnibus Hearings be scheduled as necessary. The debtors, in consultation with the U.S. Trustee and any statutorily appointed committee in the Chapter 11 Case shall send notices of the Omnibus Hearings to the Core Group and 2002 List when the Omnibus Hearings are scheduled, post the schedule of Omnibus Hearings on the Case Website (as defined herein), and file notices of additional Omnibus Hearing dates on a periodic basis with the Court.

C. Procedures Regarding the Omnibus Hearings.

The following procedures will apply unless the Court orders otherwise: Exhibits EXHIBIT 15 1. Any notice of an Omnibus Hearing shall conspicuously contain the date and time that the hearing will be held in the event that an Objection is filed in accordance with the applicable rules. 2. Except as specifically set forth herein, all notice periods for Requests for Relief shall be computed in accordance with the Bankruptcy Rules and Local Bankruptcy Rules and nothing in these Chapter 11 Procedures shall be deemed to change such requirements.

3. Deadlines for responding to a Request for Relief shall be governed by these Chapter 11 Procedures and the Local Bankruptcy Rules, except to the extent the Local Bankruptcy Rules conflict with these Chapter 11 Procedures, in which case the Chapter 11 Procedures shall govern. 4. Nothing contained herein shall prejudice the rights of any party in interest to move the Court to further limit or expand notice of matters and proceedings upon a showing of good cause, including, but not limited to, the right to file a Request for Relief upon shortened notice or to seek an enlargement or reduction of time pursuant to Bankruptcy Rule 9006.

5. If a party intends to present an order at the Omnibus Hearing that differs from the proposed order attached to the motion, the debtors’ counsel, to the extent known, shall state on the hearing agenda above that a different order will be presented for entry or file such proposed order with Court in advance of the Omnibus Hearing. 6. Notwithstanding Local Bankruptcy Rule 9013-1(J), the debtors’ counsel may, without leave of the Court and, unless upon the objection of another non-debtor party, the Court orders otherwise, adjourn any matter to a subsequent fixed Omnibus Hearing.

If a matter is adjourned, the debtors’ counsel shall update the hearing agenda accordingly. 7. For the avoidance of doubt, the debtors’ counsel may propose to schedule matters filed by another party on a date other than the next Omnibus Hearing date if the debtors in good faith believe, in consultation with the other party, that the hearing on the particular matter could exceed 1 hour. 8.

With the consent of the Court, the debtors may delay the start time of any previously scheduled Omnibus Hearing to accommodate potential resolution of any matters scheduled for such Omnibus Hearing.

D. Proposed Agenda for Omnibus Hearings.

The Debtors shall prepare Omnibus Hearing agendas in accordance with the following: 1. Debtors’ counsel shall file a proposed agenda with regard to matters scheduled to be heard at an Omnibus Hearing (the “Proposed Hearing Agenda”) no later than the date that is 2 calendar days prior to each such Omnibus Hearing using the CM/ECF “Agenda” code. The Proposed Hearing Agenda is for the convenience of the Court and counsel and is not determinative of the matters to be heard on that day or whether there will be a settlement or a continuance. Exhibits EXHIBIT 15 2.

The Proposed Hearing Agenda will include, to the extent known by the debtors’ counsel: (i) the docket number and title of each matter to be scheduled for hearing on such Omnibus Hearing, including the initial filing and any responses, replies, or documents related thereto; (ii) whether the matters are contested or uncontested; (iii) whether the matters have settled or are proposed to be continued; (iv) other comments that will assist the Court; and (v) a suggestion for the order in which the matters should be addressed. E. Scheduling Requests for Relief and Objections thereto for Hearing. All Requests for Relief, Objections, and all other matters requiring a hearing in the Chapter 11 Case shall be set forth and be heard at an Omnibus Hearing, unless otherwise ordered by the Court for good cause shown, in accordance with the following: 1. In the event that a party files a Request for Relief at least 21 calendar days prior to the next scheduled Omnibus Hearing, the matter shall be set for hearing on such scheduled Omnibus Hearing, and the deadline to file an Objection to such Request for Relief shall be 7 calendar days prior to the Omnibus Hearing; provided, however, the debtors’ counsel may propose to schedule matters filed by another party on a date other than the next Omnibus Hearing date if the Debtors in good faith believe that the hearing on the particular matter could exceed 1 hour.

2. In the event that a party files a Request for Relief less than 21 calendar days but at least 14 calendar days prior to the next scheduled Omnibus Hearing, the matter shall be set for hearing on such scheduled Omnibus Hearing, and the deadline to file an Objection to such Request for Relief shall be 3 calendar days prior to the Omnibus Hearing; provided, however, the Debtors’ counsel may propose to schedule matters filed by another party on a date other than the next Omnibus Hearing date if the debtors in good faith believe that the hearing on the particular matter could exceed 1 hour. 3. In the event that a party files a Request for Relief less than 14 calendar days prior to the next scheduled Omnibus Hearing, unless the Court orders otherwise, the matter shall be set for a date other than the next Omnibus Hearing date in accordance with paragraphs (a) and (b) herein.

4. Notwithstanding any procedure herein, nothing herein shall restrict any entity from requesting an emergency hearing pursuant to the Local Bankruptcy Rules. The Court will determine as an initial matter at the scheduled emergency hearing on the underlying motion whether to allow emergency consideration.

F. Evidentiary Hearings.

1. Pursuant to Bankruptcy Rule 9014 and in compliance with Local Bankruptcy Rule 9014-1, in the event that a timely Objection is made to a Request for Relief (each, a “Contested Matter”), the hearing on such Contested Matter shall be an evidentiary hearing at which witnesses may testify, unless the parties otherwise agree that any such hearing shall not be an evidentiary hearing, in which case, to the extent known by the debtors’ counsel, the Proposed Hearing Agenda shall state as such; provided, however, that the debtors’ counsel may propose to schedule matters filed by another party on a date other than the next Omnibus Exhibits EXHIBIT 15 Hearing date if the debtors in good faith believe that the hearing on the particular matter could exceed 1 hour. 2. With respect to a timely filed Objection to a Request for Relief and unless otherwise agreed to by the parties, such opposing party must contemporaneously notify the adverse party that it intends to introduce evidence or witnesses at the hearing on the Request for Relief that is the subject of the Objection.

In addition to specifying whether such party intends to introduce evidence or witnesses at the hearing on the Objection, the party must also submit to the adverse party, contemporaneously with the filing of the Objection, proposed deadlines for the parties to identify, with reasonable particularity, and serve on the adverse party, proposed evidentiary exhibits and witnesses in a written disclosure (each, a “Disclosure”), which Disclosures shall be served only on the adverse party. Such notices must be received by the adverse party, in writing, immediately upon the filing of such Objection and in any event, no later than 3 calendar days prior to the scheduled hearing (unless such matter is scheduled on an expedited basis, in which case the parties shall cooperate to exchange the appropriate information as quickly as is feasible). Failure to provide timely notices as set forth in this paragraph, in the discretion of the debtors, may result in the exclusion of such evidence. In the event the parties cannot reach an agreement regarding deadlines for disclosure, either party may seek appropriate relief from the Court.

3. Upon reasonable request, the parties subject to a Contested Matter shall provide copies of all proposed evidentiary exhibits and make all witnesses available for deposition at the expense of the requesting party and within a time period to reasonably facilitate conducting the evidentiary hearing as scheduled. 4. Parties shall comply with the Court’s Instructions for Preparing Exhibit List and Pre-Marking Exhibits, available on the Court’s website.

5. Any party subject to a Contested Matter that fails to identify its evidentiary exhibits or witnesses as provided herein may be precluded, at the Court’s discretion, from presenting such evidentiary exhibits or witnesses at the hearing on the matter or, alternatively, the hearing shall be adjourned. 6. Unless the Court orders otherwise, nothing contained herein shall preclude any party from presenting proffers in connection with uncontested matters or agreeing with an opposing party to present proffers in any Contested Matter or otherwise stipulating certain facts or documents into evidence.

IV.

PROCEDURES FOR REMOTE HEARING PARTICIPATION A.

The Court may allow counsel to participate in any hearing by telephone or video conference. B. No motion is required to authorize telephonic participation. Unless otherwise provided in the notice of hearing, for hearings that will not be conducted by video conference, parties may participate telephonically. Instructions for telephonic appearances are available on the Court’s website.

Note, while a party may appear telephonically for argument at an evidentiary hearing, parties appearing telephonically are not permitted to examine witnesses or submit evidence unless otherwise Exhibits EXHIBIT 15 permitted by the assigned Bankruptcy Judge. C. In the Court’s discretion, hearings may be conducted by video conference. While no motion is required to authorize participation via video conference, participants must pre-register. More information for appearances by video conference is available on the Court’s website.

D. Under no circumstances may any participant or listener record or broadcast the proceedings.

V. MOTIONS PRACTICE A.

Waiver of Memorandum of Points and Authorities. Notwithstanding Local Bankruptcy Rule 9013-1(F), motions filed without a separate memorandum of points and authorities shall be deemed to include a request for a waiver of a separate memorandum or deemed a single memorandum and motion as allowed by Local Bankruptcy Rule 9013-1(F).

B. Notice of Motion/Notice Hearing.

Parties should consult Local Bankruptcy Rule 9013-1(M) regarding the form and content of notices.4 C. Identification of Attorney. As set forth in Local Bankruptcy Rule 5005-1(D)(5), on the first page of every Rule 2002 Court Filing, the attorney filing the same shall be identified by name, state bar number, complete mailing address, telephone number, and the name of the party whom the attorney represents.

D. Objections and Replies.

Unless otherwise ordered by the Court, Objections to Requests for Relief scheduled to be heard at an Omnibus Hearing shall be filed no later than 7 calendar days before the applicable hearing date if the Request for Relief is filed at least 21 calendar days prior to the applicable hearing date, or 3 calendar days before the applicable hearing date if the filing is filed less than 21 calendar days but at least 14 calendar days prior to the applicable hearing date. A reply to any Objection must be filed no later than 12:00 p.m. (prevailing Eastern Time) on the date that is 1 calendar day before the applicable hearing date. E. Granting the Request for Relief Without a Hearing Where No Objection(s) Filed. Provided that the notice filed with the Request for Relief includes a statement that the Request for Relief may be granted and an order entered without a hearing unless a timely Objection is made, after the Objection deadline has passed, and no Objection has been filed or served in accordance with the procedures set forth herein, counsel to the entity that has filed the Request for Relief may file a certification indicating that no Objection has been filed or served on the entity who has filed the Request for Relief and submit an order granting the relief requested (a “CNO”).

Any CNO that includes a proposed form of order that varies from the original proposed order must include (a) a redline of the revised form of order against the order filed with the subject motion and (b) a clean copy of the form of order. Once the order is entered, the hearing scheduled on the motion is cancelled. F. Granting the Request for Relief Without a Hearing Where Objection(s) Filed. Provided that the notice filed with the Request for Relief includes a statement that the Request for Relief may be granted and an order entered without a hearing unless a timely Objection is made, after 4 Parties are referred to the Court’s website for sample forms.

Exhibits EXHIBIT 15 the Objection deadline has passed, timely filed and served Objection(s) to a Request for Relief may be resolved by filing an agreed form of order filed with a Certificate of Counsel (“COC”). The COC must be signed by counsel with a certification that all known objections have been resolved by the agreed form of order. A COC should not be filed if it resolves less than all filed objections. Any COC that includes a proposed form of order that varies from the original proposed order must include (a) a redline of the revised form of order against the order filed with the subject motion and (b) a clean copy of the form of order.

Once the order is entered, the hearing scheduled on the motion is cancelled.

G. Settlement.

For matters to which the procedures set forth in Part V.F supra do not apply or otherwise in the debtors’ discretion, if a matter is properly noticed for hearing and the parties reach agreement on a settlement of the dispute prior to the final hearing, the parties may announce the settlement at the scheduled hearing. If the Court determines that the notice of the dispute and the hearing is adequate notice of the effects of the settlement (i.e., that the terms of the settlement are not materially different from what parties in interest could have expected if the dispute were fully litigated), the Court may approve the settlement at the hearing without further notice of the terms of the settlement.

H. Service of Entered Order.

Notwithstanding Local Bankruptcy Rule 9022-1(B), a proponent of a Request for Relief shall serve an order granting such relief on the Core Group and 2002 List no later than 5 business days after such order was entered and no service list need be submitted with the proposed order. VI.

FIRST DAY MOTIONS A.

Motions Decided on Law and Evidence. The fact that a motion is listed in this Part VI does not mean that the Court will grant the relief requested in such a motion, in any particular case. Motions will be decided by the Court based on applicable law and the evidence, including the particular facts and circumstances of the Chapter 11 Case.

B. First Day Orders.

“First Day Orders” are orders which the debtors seek to have entered by the Court, either on an interim or final basis, on or shortly after the filing of the petition. The request for a First Day Order should be made by motion (a “First Day Motion”), and a copy of the proposed First Day Order should be filed with and attached as an exhibit to the First Day Motion. C. Request for Related Relief Need Not Be Filed in Separate Motions. Motions for related relief under First Day Orders referred to above need not be filed as separate motions.

For example, in a given case it may be appropriate to combine cash collateral and financing motions, or address all employee-related matters in a single motion.

D. Typical First Day Motions and Orders.

First Day Orders typically heard by the Court on or within 1 day of the later of the petition date or the date of filing of the First Day Motions include (but are not limited to) the following: 1. Motion for an Expedited Hearing on “First Day Motions.” a. No motion to expedite a hearing on any First Day Motion is necessary if the hearing on such motion is conducted on at least 24 hours’ notice and within 2 business days of the filing; otherwise, debtors should comply with Local Rule 9013- Exhibits EXHIBIT 15 1(N) to expedite the hearing. 2. Motion for Entry of an Order Directing Joint Administration of Chapter 11 Cases, if more than one case is commenced. a. The motion should seek joint administration for procedural purposes only, and should request that the Court maintain one file and one docket for all the jointly administered cases (the “Lead Case”). b. The motion should also request that a notation be entered on the docket in each of the jointly administered cases, other than the Lead Case, substantially similar to the below to reflect the joint administration: “An Order has been entered in this case directing the joint administration, for procedural purposes only, of the chapter 11 cases of [INSERT EACH DEBTOR NAME].

The docket in [INSERT LEAD DEBTOR], Case No. __-_____(__) should be consulted for all matters affecting the case.” c. The motion also may seek authority with respect to the manner in which monthly operating reports required by the U.S. Trustee can be filed. 3. To the extent that the debtors seek to deviate from the procedures contained herein, a Motion for Entry of an Order Establishing Alternative Notice, Case Management, and Administrative Procedures. 4.

Application for Entry of an Order Authorizing the Retention and Appointment of a Claims and Noticing Agent. a. If a Claims Agent is retained in a Chapter 11 Case, the Claims Agent shall maintain a case-specific website (the “Case Website”), where, among other things, electronic copies of all pleadings filed in the Chapter 11 Case shall be posted as soon as practicable, but not later than three business days after filing, and may be viewed free of charge. 5 b. The order approving the Claims Agent’s retention may provide that the Claims Agent shall maintain a service list of all Core Group and 2002 List Parties, which shall be updated as necessary and shall include names, addresses, facsimile numbers and email addresses for the Core Group and 2002 List. At least once every 30 days, an updated Service List, if there is one, shall be posted on the Case Website. All Rule 2002 Court Filings shall be deemed served on all Core Parties and 2002 List Parties if it is served on the parties on the most recent Service List that has been posted on the Case Website as of the day prior to the date of service.

5 Electronic copies of all pleadings and documents are available for a fee via PACER on the Court’s website. Paper copies of all pleadings in filed in the Chapter 11 Case may be available from the Court. Exhibits EXHIBIT 15 c. The order approving the Claims Agent’s retention may authorize the debtors to compensate the Claims Agent upon the receipt of reasonably detailed invoices without the need for the Claims Agent to file fee applications or otherwise seek Court approval for the compensation of its services and reimbursement of its expenses; provided, however, the order should also provide that (i) the Claims Agent will serve monthly invoices on the debtors, the U.S. Trustee, counsel for any official committee appointed in the case, and any party-in-interest who specifically requests the service of the monthly invoices, and (ii) if any dispute arises relating to the monthly invoices, the parties will first meet and confer in an attempt to resolve the dispute, and may seek a resolution of the matter from the Court if resolution is not achieved. d. Nothing herein shall prevent debtors from seeking authority to have a Claims Agent perform balloting and solicitation services, or any party in interest’s right to object to the same. 5.

Motion for Entry of an Order Dispensing with the Requirement of Filing Any or All Schedules and Statement of Financial Affairs (in the event the debtors are not seeking to bar and subsequently discharge all or certain categories of debt) or a Motion for Entry of an Order Extending the Time to File the Schedules and Statement of Financial Affairs (to a specified date). a. This motion may be combined with a request to (a) file a consolidated list of creditors in lieu of a separate mailing matrix for each of the debtors; (b) file a consolidated list of the debtors’ 30 largest creditors; (c) authorize the debtors to redact certain personally identifiable information; and (d) waive the requirement to file a list of equity security holders and/or provide notice of commencement to equity security holders. b. The motion may seek a waiver of filing the mailing matrix where a Claims Agent is being retained to handle noticing. c. The motion should demonstrate or explain why the relief requested therein is necessary. 6. Motion for Entry of Interim and Final Orders Authorizing the Debtors to (A) Continue to Operate Their Cash Management System, (B) Honor Certain Prepetition Obligations Related Thereto, (C) Maintain Existing Business Forms, (D) Perform Intercompany Transactions, and (E) Waive/Extend Time to Comply with the Requirements of 11 U.S.C. § 345. a. The motion should describe the proposed cash management system and, in cases where money will be transferred between debtors or from a debtor to a non-debtor affiliate, represent why such transfers are desirable from the debtors’ perspective, state that the debtors will maintain records of all postpetition intercompany transfers of funds, and describe what repayment terms exist. For a request to waive section 345, the motion should disclose the amount of funds which the debtors propose to invest outside the statute’s enumerated permitted investments Exhibits EXHIBIT 15 and the proposed types of investments to be made.

If the debtors propose to invest or deposit money in or with an entity that has not satisfied the requirement of section 345(b) (a “Non-Qualified Entity”), the motion should demonstrate and explain why such an investment or deposit is necessary and, to the extent known, why the Non- Qualified Entity cannot satisfy or has not satisfied the requirements of section 345(b). 7. Motion for Entry of [Interim and Final] Order[s] Authorizing the Debtors to (A) Pay Prepetition Wages, Salaries, Other Compensation, and Reimbursable Expenses and (B) Continue Employee Benefits Programs. a. Any request to pay prepetition claims should be in an amount not to exceed specified per employee and aggregate amounts, which amounts shall be set forth in the motion. If the motion requests authority to pay amounts in excess of the amount set forth in section 507(a)(4) and (5) of the Bankruptcy Code per employee, then a list of the names and position/job titles of all employees as to whom those payments will be made shall be attached.6 The propriety of those requests shall be considered on a case by case basis.

The motion also shall state whether, and the extent to which, the claims proposed to be paid constitute priority claims under section 507 of the Bankruptcy Code (“Priority Claims”) and, if such claims are not Priority Claims, the motion should explain why those claims should be afforded the treatment requested in the motion. The motion may also ask the Court to direct banks to honor prepetition checks for such amounts and authorize the debtors to replace prepetition checks that have been dishonored. b. The motion should generally describe the applicable compensation and benefit programs and explain why the relief requested is necessary. 8. Motion for Entry of Interim and Final Orders Authorizing the Debtors to Maintain and Administer their Existing Customer Programs and Honor Certain Prepetition Obligations Related Thereto. a. For payment of any prepetition obligations, such relief shall not exceed specified aggregate amounts, which amounts shall be set forth in the motion.

The motion also shall state whether, and the extent to which, the claims proposed to be paid constitute Priority Claims and, if such claims are not Priority Claims, the motion should explain why those claims should be afforded the treatment requested in the motion. b. The motion should generally describe the applicable customer programs and explain why the relief requested is necessary. 9. Motion for Entry of [Interim and Final] Order[s] (I) Approving the Debtors’ Proposed Adequate Assurance of Payment for Future Utility Services; (II) Prohibiting Utility Companies from Altering, Refusing or Discontinuing Services; and (III) Approving 6 Nothing herein shall prevent the movant from seeking court authority to file such list under seal with unre- dacted copies to be furnished to the U.S. Trustee and any committee appointed or to be appointed in the chapter 11 cases. Exhibits EXHIBIT 15 the Debtors’ Proposed Procedures for Resolving Additional Assurance Requests. a. b. The motion should describe the proposed adequate assurance.

The motion should also identify each of the debtors’ utility providers. c. In addition to other service obligations relating to First Day Motions, both the motion and any interim and final orders should be served on each of the debtors’ utility providers. 10. Motion for Entry of Interim and Final Orders Authorizing the Debtors to Pay Prepetition Claims of (A) Critical Vendors, (B) 503(b)(9) Claimants, and (C) Lien Claimants. a. For payment of any prepetition obligations, such relief shall not exceed specified aggregate amounts, which amounts shall be set forth in the motion. The motion also shall state whether, and the extent to which, the claims proposed to be paid constitute Priority Claims and, if such claims are not Priority Claims, the motion should explain why those claims should be afforded the treatment requested in the motion. b. The motion should generally describe the applicable vendors and/or claimants and explain why relief requested is necessary.

11. Motion for Entry of Interim and Final Orders Authorizing the Debtors to Maintain, Renew, or Supplement Their Insurance Policies and Surety Bond Program[s] and Honor All Obligations in Respect Thereof. a. The motion should generally describe the insurance policies and surety bond programs, along with the amount of any unpaid prepetition obligations related to such policies and surety bond programs. b. The motion may seek to (i) continue insurance policies and surety bond programs and (ii) honor insurance policies and surety bond programs in the ordinary course during the administration of the Chapter 11 Case, including paying related prepetition obligations. c. The motion may also seek to modify the automatic stay solely for the limited purpose of permitting employees with workers’ compensation claims to pursue such claims under applicable workers’ compensation policies, whether they arose before or after the petition date, in the appropriate judicial or administrative forum to proceed against the proceeds of such policies only. 12. Motion for Entry of Interim and Final Orders Authorizing the Payment of Certain Prepetition and Postpetition Taxes and Fees. a. The motion should generally describe the applicable taxes and fees the debtors have incurred or expect to incur.

Exhibits EXHIBIT 15 b. For payment of any prepetition taxes and fees, the motion should identify the approximate amount of such taxes and fees the debtors seek to pay and explain why the relief is necessary, such as for the avoidance of penalties the debtors would incur absent timely payment of taxes the debtors intend to pay. 13. Motion for Entry of Interim and Final Orders Approving Notification and Hearing Procedures for Certain Transfers of and Declarations of Worthlessness with Respect to Common Stock. a. The motion may seek to establish notification procedures and approval of restrictions on transfers of the debtors’ equity to protect the debtors’ estate against the possible loss of valuable tax benefits. b. The motion should generally describe the amount of the debtors’ consolidated net operating losses for U.S. federal income tax purposes and the potential for loss of those tax benefits absent protection through the relief requested in the motion. 14.

Motion for Entry of Interim and Final Orders (I) Authorizing Use of Cash Collateral; (II) Granting Adequate Protection; (III) Modifying the Automatic Stay; (IV) Scheduling a Final Hearing and/or the Motion for Entry of Interim and Final Orders; (V) Authorizing the Debtors to Obtain Postpetition Financing Pursuant to 11 U.S.C. § 364; (VI) Granting Liens and Providing Superpriority Administrative Expense Claims; (VII) Granting Adequate Protection; (VIII) Modifying the Automatic Stay; and (IX) Scheduling a Final Hearing. a. Interim Relief. On motion by the debtors, a hearing (the “Interim Financing Hearing”) will routinely be conducted within 3 business days to consider either cash collateral use and/or interim debtor in possession financing. At the Interim Financing Hearing, the debtors must introduce a cash-flow projection showing its sources and uses of cash necessary for ongoing operations on a weekly basis for not less than the first 3 weeks of the case (an “Interim Budget”). The Interim Budget must be filed with the Court and be served no later than noon on the first business day after the filing, or on the date of the filing if the Interim Financing Hearing is to occur before the second business day after the petition date.

The debtors must provide a copy of the Interim Budget in native file format upon request. b. Final Financing Hearing. The Court will set a hearing to consider financing through use of cash collateral and/or debtor in possession financing on a final basis in accordance with sections 363 and 364 of the Bankruptcy Code and Bankruptcy Rule 4001 (a “Final Financing Hearing”). At the Final Financing Hearing, the debtors must introduce a cash-flow projection for sources and uses of cash for the period of cash collateral use or debtor in possession financing that is proposed (a “Final Financing Budget”). The Court will consider at the Final Financing Hearing whether it is appropriate to order either long-term use of cash collateral or long-term debtor-in-possession financing pursuant to the Final Financing Budget in accordance with sections 363 and 364 of the Bankruptcy Code and Bankruptcy Rule 4001.

The Final Financing Budget must be filed at least 2 calendar days prior to the Final Financing Hearing. The debtors must provide a copy of the Final Financing Budget in Exhibits EXHIBIT 15 native file format upon request. c. Debtors’ counsel should highlight in a chart any provisions in the proposed interim and final orders sought to be issued under section 363 or 364 of the Bankruptcy Code that contain the following: i. Sale, plan confirmation and other milestones, whether contained in proposed financing documents or in restructuring support agreements; ii. Cross-collateralization or cross-default provisions; iii. Roll ups (including (i) provisions deeming prepetition debt to be postpetition debt; and (ii) provisions requiring the proceeds of postpetition loans to be used to repay prepetition debt); iv.

The collateral package, including any proposed liens on avoidance actions or proceeds of avoidance actions; v. Default provisions and remedies (including (i) provisions terminating the automatic stay without further order, (ii) provisions waiving rights to challenge lenders’ ability to exercise post-default remedies; and (iii) provisions limiting required proof or altering the burden of proof at post- default hearings); vi. Releases of claim against lender or others; vii. Limitations on the use of cash collateral other than general “carve-outs” to pay approved fees and expenses of advisors to official committees or future trustees; viii. Priming liens; ix.

Any provision that limits the ability of estate fiduciaries to fulfill their duties under the Bankruptcy Code and applicable law; x. Carve-outs for payment of U.S. Trustee quarterly fees, fees incurred by a trustee under section 726(b) of the Bankruptcy Code, and professional fees; xi. Waiver of the right to charge against or recover proceeds of collateral pursuant to section 506(c) of the Bankruptcy Code and/or the “equities of the case” exception contained in section 552(b) of the Bankruptcy Code; xii. Fees or other compensation payable to any agent for performing administrative responsibilities or any lenders as compensation for arranging, backstopping or undertaking similar responsibilities in connection with the Exhibits EXHIBIT 15 financing (provided that nothing herein shall prevent the debtors or any other party in interest from filing a motion seeking to seal or redact any such fees, as provided below); xiii. Required make-whole payments or prepayment penalties; xiv.

Stipulations by the debtors in respect of any existing agreements, liens and security interests; xv. Provisions providing for the amendment, waiver, consent or other modification of any provisions of the financing documents without further approval of the Court; xvi. Obligations to indemnify lenders, agents or other parties, for costs and expenses, including the payment of their reasonable and documented professional fees and expenses without the requirement that such professionals file retention motions or fee applications; and xvii. Provisions providing for credit bid rights in any sale of collateral as provided in section 363(k) of the Bankruptcy Code without the need for further court order. d. If a motion to approve financing under sections 363 or 364 of the Bankruptcy Code seeks to include any of the terms listed in subparagraph c above, the motion should list all such provisions in a separate section or chart and provide specific reasons why each such provision should be approved. e. Cash collateral and financing orders that contain a release of claims against lenders and other third parties by the debtors should provide that an official committee of unsecured creditors has at least 60 days from the date of the committee’s formation to investigate claims against the lenders and challenge the extent and validity of any liens or the appropriateness of such release.

The challenge period may be extended consensually without court approval. Nothing herein shall prohibit a party from seeking an order providing for a nonconsensual extension of the challenge period. f. To the extent the debtor or any other party in interest files a motion to seal or redact a fee letter related to financing, such motion should explain the basis for sealing such fee letter under section 107(b) of the Bankruptcy Code. Any such motion should indicate whether the party impacted by disclosure of the fee letter has agreed to make available the fee letter, on a confidential basis, to the Court, the U.S. Trustee, counsel for any official committee appointed in the case, and any other party as may be ordered by the Court in each case under appropriate confidentiality agreements that preserve the confidentiality of the fee letter.

E. Final Orders at First Day Hearings.

Final orders, rather than interim orders, may be sought for the following types of relief: Exhibits EXHIBIT 15 1. Motions to pay employee wages and benefits that do not include relief of the nature specified in section 503(c) of the Bankruptcy Code or that do not otherwise contain a request outside the ordinary course of the debtors’ business; 2. Motions to pay prepetition and postpetition taxes that are (i) secured by property of the estate; (ii) held in trust by the debtors pursuant to state or federal law; or (iii) are Priority Claims pursuant to section 507(a)(8) of the Bankruptcy Code; 3. Motions to pay mechanic and material liens that meet the criteria of section 546(b) of the Bankruptcy Code; 4.

5. Applications to retain a Claims Agent; Motions to limit or modify the notice requirements of Bankruptcy Rule 2002; 6. Motions to approve adequate assurance procedures under section 366 of the Bankruptcy Code that (i) do not prejudice the right of a utility to propose alternative procedures after notice and hearing; and (ii) provide for a hearing not later than 30 days after the petition date on any timely filed objection to the adequate assurance. 7.

In addition to the motions specifically listed herein, any other motions that are procedural in nature and do not affect the substantive rights of creditors and other parties-in- interest.

F. Guidelines for Typical Non-First Day Motions.

The following matters are typically not entertained by the Court as First Day Motions; provided, however, nothing herein should be construed to prevent a party from seeking such relief as a First Day Motion under appropriate circumstances. 1. Motions for Relief from the Automatic Stay. The initial hearing on any motion for relief from the automatic stay shall be a preliminary hearing unless otherwise agreed to by the debtors.

Notwithstanding section 362(e) of the Bankruptcy Code, by setting a hearing on a motion for relief from the automatic stay on an Omnibus Hearing, a party shall be deemed to have consented to the automatic stay remaining in full force and effect until the conclusion of the preliminary hearing. The Court may continue the effectiveness of the automatic stay until a final hearing on the matter. Nothing in this section shall prevent a party from seeking expedited consideration of a motion for relief from the automatic stay. 2.

Bid Procedures Motion. Bid procedures motions should provide for input from or consultation with any official committees and secured lenders with liens on the property being sold. Notwithstanding the foregoing, secured lenders or committee members who are potential bidders may not participate in the adoption or implementation of bidding procedures and may not receive information that may affect the sale that is not generally available to all potential bidders. 3.

Conditional Approval of Disclosure Statements. a. A plan proponent may propose to combine the disclosure statement and Exhibits EXHIBIT 15 plan into a single document. b. Contemporaneously with the filing of a disclosure statement and proposed plan, a plan proponent may file a motion requesting (1) conditional approval of the disclosure statement; (2) approval of solicitation procedures; (3) the scheduling of a hearing on shortened notice to consider conditional approval of the proposed disclosure statement; and (4) the scheduling of a joint hearing to consider final approval of the adequacy of the disclosure statement and confirmation of the proposed plan. All such motions must: (i) identify the proposed balloting agent, if any; (ii) identify any voting procedures in addition to those required in these procedures; and (iii) identify the proposed hearing date for final approval of the disclosure statement and confirmation of the proposed plan (the “Combined Hearing”). Unless the plan proponent requests additional or alternate relief, if the motion is granted at the Combined Hearing, the Court will enter its form order, Order Conditionally Approving Disclosure Statement, Fixing Time for Filing Acceptances or Rejections of Plan, and Fixing the Time for Filing Objections to the Disclosure Statement and to the Confirmation of the Plan, Combined with Notice Thereof and of the Hearing on Final Approval of the Disclosure Statement and the Hearing on Confirmation of the Plan. c. As part of seeking conditional approval of disclosure statements, a plan proponent also may request for cause, pursuant to section 341(e) of the Bankruptcy Code, that the U.S. Trustee not convene a meeting of creditors or equity security holders if the debtor has filed a plan as to which the debtor solicitated acceptances prior to the commencement of the case. 4.

Employment of Professionals. a. With the exception of an application to employ a Claims Agent, no retention applications will be considered on the first day. Employment applications should be filed no later than 30 days after the later of (i) the date the order for relief is entered or (ii) the commencement of work by the professional. Any such timely application, if approved, shall be effective as of the later of the petition date or the commencement of work by the professional. b. Proposed professionals retained under sections 327 or 1103 of the Bankruptcy Code (“Retained Professionals”) should not expect the Court to authorize hourly rates that have been increased based on the size of the Chapter 11 Case (i.e., no premium billing). 5.

Interim Compensation. The order establishing p