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COOLEY LLP 1114 Avenue of the Americas New York, New York 10036 Telephone: (212) 479-6000 Facsimile:

(212) 479-6275 Lawrence C. Gottlieb James A. Beldner Lesley A. Kroupa Proposed Attorneys for Debtor and Debtor in Possession UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------- x : In re : : LEHR CONSTRUCTION CORP., : : Debtor. : : : ---------------------------------------------------------------- x

Chapter 11 Case No. 11-10723 (SHL)

FIRST DAY AGENDA Time and Date of Hearing: Location of Hearing: February 23, 2011 at 11:00 a.m. (prevailing Eastern Time) (the First Day Hearing) Judge Lanes Courtroom, Room 701, United States Bankruptcy Court for the Southern District of New York, Alexander Hamilton Custom House, One Bowling Green, New York, New York 10004 A copy of each of the First Day Motions can be viewed on the Courts website at www.ecf.nysb.uscourts.gov.

Copies of Motions: I. Introduction 1. II.

Declaration of Frederick Coffey Pursuant to Local Bankruptcy Rule 10072

The Debtor Will (A) Seek Interim Approval, and (B) Request that a Final Hearing Be Scheduled With Respect to the Following Motions: 1. Motion For An Order Pursuant To Sections 105(a) And 363(b) Of The Bankruptcy Code (I) Authorizing Payment Of Wages, Compensation And Employee Benefits And (II) Authorizing Financial Institutions To Honor And Process Checks And Transfers Related To Such Obligations

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Comments: Comments were received from the United States Trustee, which will be incorporated into a revised order to be provided at the First Day Hearing. III. The Debtor Will Seek Final Approval of the Following Motions and Applications at the First Day Hearing: 1. Motion For An Order Pursuant To Sections 105(a), 345(b), 363(c) And 364(a) Of The Bankruptcy Code Authorizing The Debtor To (I) Continue To Use Existing Cash Management System, (II) Maintain Existing Bank Accounts And Business Forms, And (III) Waive Requirements Of Section 345(b) Of The Bankruptcy Code Comments: Comments were received from the United States Trustee, which will be incorporated into a revised order to be provided at the First Day Hearing. 2. Motion For An Order Pursuant To Sections 105(a), 362(d), 363(b) And 503(b) Of The Bankruptcy Code (I) Authorizing The Debtor To (a) Continue Its Workers Compensation Program And Its Insurance Programs And (b) Pay All Obligations In Respect Thereof And (II) Authorizing Financial Institutions To Honor And Process Checks And Transfers Related To Such Obligations Comments: Comments were received from the United States Trustee, which will be incorporated into a revised order to be provided at the First Day Hearing. 3. Motion Pursuant to Sections 105(a), 363(b), and 541 of the Bankruptcy Code (I) For Authorization to Pay Certain Prepetition Taxes, and (II) to Allow Financial Institutions to Cash and Process Related Checks and Transfers Comments: Comments were received from the United States Trustee, which will be incorporated into a revised order to be provided at the First Day Hearing 4. Motion Pursuant To Bankruptcy Rules 1007(c) And 2002(d) For An Extension Of The Time To File The Debtors (I) Schedules Of Assets And Liabilities, (II) Schedules Of Current Income And Expenditures, (III) Schedules Of Executory Contracts And Unexpired Leases, And (IV) Statements Of Financial Affairs

IV.

The Debtor Will Request That a Hearing Be Scheduled With Respect to the Following Motions: 1. 2. Notice Of Proposed Order Scheduling Initial Case Conference Motion For An Order Pursuant To Sections 105(a) And 366 Of The Bankruptcy Code (I) Prohibiting Utilities From Altering, Refusing, Or Discontinuing Service, (II) Deeming Utilities Adequately Assured Of Future 2

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Payment, And (III) Establishing Procedures For Determining Adequate Assurance Of Payment (the Utilities Motion) Comments: The United States Trustee requested that the Utilities Motion be adjourned. Dated: February 22, 2011 New York, New York Respectfully Submitted, By: /s/ James A. Beldner James A. Beldner COOLEY LLP 1114 Avenue of the Americas New York, New York 10036 Telephone: (212) 479-6000 Facsimile: (212) 479-6275 Lawrence C. Gottlieb (LG 2565) James A. Beldner (JB 7166) Lesley A. Kroupa (LK 2620) Proposed Attorneys for Debtor and Debtor in Possession

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