IN RE: PEN HOLDINGS, INC., ET AL., DEBTORS IN POSSESSION.

BK NO 02-00979-KL3-11, (JOINTLY ADMINISTERED)United States Bankruptcy Court, M.D. Tennessee, Nashville Division
April 18, 2002

Barbara D. Holmes, HARWELL HOWARD HYNE GABBERT MANNER, P.C., Nashville, TN; Anna M. Dailey, HEENAN, ALTHEN ROLES, Charleston, WV, for Debtors in Possession.

AGREED ORDER RESOLVING INFORMAL OBJECTION OF THE UNITED STATES TRUSTEE TO THE ORDER AND NOTICE APPROVING DEBTORS’ APPLICATION TO APPROVE THE EMPLOYMENT OF HEENAN, ALTHEN ROLES AS SPECIAL REGULATORY, HUMAN RESOURCES, AND LITIGATION COUNSEL FOR THE DEBTORS
KEITH M. LUNDIN, United States Bankruptcy Judge

As evidenced by the signatures below, the United States Trustee, the Debtors and the law firm of Heenan, Althen Rosels hereby agree to resolve the informal objection raised by the United States Trustee to their respective employment as follows:

1. On or before April 17, 2002, Heenan, Althen
Roles will file a supplemental affidavit in support of the employment; the supplemental affidavit shall clearly state the method by which the existence of conflicts was determined by the law firm.
2. The United States Trustee shall have 10 days from the filing date of the supplemental affidavit to object to the employment of Heenan, Althen
Roles. Absent objection, the employment shall be effective as of March 13, 2002.
3. Notice of the entry of this order shall be served by Harwell Howard Hyne Gabbert Manner upon the Heenan, Althen Roles, the Committee members, the Debtor and the United States Trustee.

IT IS SO ORDERED.