GARRY M. GRABER Partner; Bankruptcy, Restructuring & Commercial Litigation Practice Leader

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1 Partner; Bankruptcy, Restructuring & Commercial Litigation Practice Leader Garry has more than 35 years of experience practicing bankruptcy, corporate restructuring, creditors' rights, financial services, commercial and corporate litigation, and general business law. He represents distressed business entities, their secured and unsecured creditors and their shareholders and principals inside and outside of bankruptcy, as well as creditors' committees, equity committees, trustees, examiners, and purchasers in bankruptcy and insolvency proceedings across the United States and in cross-border matters, primarily with Canada. He has also handled complex loan workout transactions, lender liability, director and officer liability, bank fraud, Uniform Commercial Code (UCC) and mortgage foreclosures, and other commercial and real estate litigation. Garry or one of his colleagues plays a major role in virtually every large Chapter 11 case filed in Upstate New York and many filed in the Southern District of New York and Delaware. He has played substantial roles in numerous regional and national cases, including: In re Victor Insulators In re General Motors In re Daimler Chrysler In re Lehman Brothers In re Proliance International In re Circuit City Stores In re Fiddlers Green Manor Nursing Home In re TXP In re Studio Arena Theatre In re Holiday Harbor In re Hayes Lemmerz International The Guaranty Building 140 Pearl Street Suite 100 Buffalo, NY New York City 605 Third Avenue Suite 2300 New York City, NY Toronto Practice restricted to U.S. law 22 Adelaide Street West, Suite 2050 Toronto, ON M5H 4E Areas of Practice Bankruptcy, Restructuring & Commercial Litigation Canada-U.S. Cross-Border International-U.S. Cross-Border Banking & Finance Business Litigation Corporate Trust Industry Groups Hotel, Hospitality & Lodging Admissions New York Attorney advertising. Prior results do not guarantee a similar outcome. Practice restricted to U.S.

2 In re Building Materials In re American LaFrance In re Promedicus Health Group In re Sababa Group In re Amherst Orthopedic Associates In re Lenatures In re South Point Energy Center In re Brylin Hospitals In re Northeast Biofuels In re Solutia Florida U.S. District and Bankruptcy Courts for the Northern, Eastern, Southern, and Western Districts of New York U.S. District and Bankruptcy Courts for the Southern District of Florida Education B.A., magna cum laude, University at Buffalo, State University of New York J.D., University at Buffalo School of Law In re Al Tech Steel In re Adelphia In re Ames In re ANC Rental In re BSC Development BUF(the Statler Towers) In re Beat Publications In re Bennett Funding In re Bethlehem Steel In re Bry Lin Hospital Legacy Nursing Homes In re Buffalo Color In re Buffalo Sabres In re Bush Industries In re Carpenter In re CNB International In re Colad In re Corson Manufacturing In re Crouse Hospital In re Dow Corning In re Eastman Kodak Company In re Enron

3 In re Euro-United In re Exodus In re Federal Mogul In re Grand Union In re Hamlin Terrace In re Laidlaw In re Leaseway In re LTV In re Lyon Capital In re Nanodata Computer In re Northwestern Steel and Wire In re Odds & Ends In re Osage In re P. J. Schmidt In re Pinnacle Airlines In re Premier Cruise Lines In re Prime Capital In re Prudential Associates In re The Rama Group In re Select Tree Farms In re Sunbeam In re The Upson Company In re Valeo In re Victory Markets In re W&F Manufacturing In addition, Garry has served since 1991 as an adjunct professor at SUNY Buffalo Law School, where he teaches a course on Chapter 11 bankruptcy. Honors Listed, Best Lawyers in America,

4 University at Buffalo School of Law Ken Joyce Excellence in Teaching Award, 2015 Buffalo Business First/Buffalo Law Journal's Legal Elite of Western New York, 2014 Best Lawyers' Buffalo Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law "Lawyer of the Year," 2012 Listed, Upstate New York Super Lawyers, Listed, Top 50 Upstate New York Super Lawyers, 2012 and 2013 Listed, Buffalo Business First's Who's Who in Law (Bankruptcy) Buffalo Law Review Award for Distinguished Service to SUNY Buffalo Law School, 2011 University at Buffalo Law Alumni Association Distinguished Alumni Award, 2006 New York State Bar Association President's Pro Bono Certificate of Merit Experience Hodgson Russ represented the principal secured creditor of a major hotel that, following initiation of foreclosure proceedings, filed proceedings under Chapter 11. Following a lengthy trial, the firm succeeded in obtaining dismissal of the Chapter 11 proceeding and a foreclosure sale of the premises. Hodgson Russ represented a full-service hospital as a debtor in possession in Chapter 11 proceedings. Following numerous hearings before the bankruptcy court, Hodgson Russ succeeded in confirming a plan for reorganization that provided a substantial distribution to creditors. Hodgson Russ represented the debtor in connection with the Chapter 11 proceedings of a national transporter of automobiles, for which it procured an order under section 1113 modifying its collective bargaining agreement. Hodgson Russ represented the Chapter 11 trustee of a large office building in Buffalo, New York. The work performed by Hodgson Russ included litigation to avoid a multimillion-dollar mortgage on the premises, the termination of numerous leases, and the sale of the building following two rounds of bidding under section 363 of the Bankruptcy Code. Hodgson Russ advised a client on all the legal aspects of the winding down of operations of a paper mill. Our work included the unwinding of the industrial development agency benefits, negotiation of sale contracts, and the related real estate dispositions, including timberlands, real estate tax matters related to the project, and related applications to the state agency in charge of long-range planning. Hodgson Russ represented a corporate borrower client in a syndicated $22 million asset based loan facility. The transaction represented a refinancing of an existing facility. Hodgson Russ represented the largest creditor of the Chapter 11 proceedings of a commercial mortgage defeasance company. Our attorneys succeeded in causing the appointment of a Chapter 11 trustee, with whom our client has settled its claim.

5 Several Hodgson Russ attorneys provided U.S. securities counsel to a Canadian energy company in the sale of its finance affiliate. The $359 million USD deal resulted in the energy company s emergence from bankruptcy. Attorneys from Hodgson Russ acted as Chapter 11 bankruptcy counsel to a meat distribution company in its Chapter 11 bankruptcy proceedings. At the time of its filing, the company was one of the largest family-owned meat distribution companies in the country, with yearly revenues in excess of $900 million. News Seventy Hodgson Russ Attorneys Named to 2017 Upstate New York Super Lawyers, Hugh Russ Listed Among Top 50 Press Release, September 6, 2017 Fifty-two Hodgson Russ Attorneys Named to 2018 Best Lawyers Listing, Five Included in Lawyer of the Year Categories Press Release, August 15, 2017 Sixty-three Hodgson Russ Attorneys Named to 2016 Upstate New York Super Lawyers, Hugh Russ Listed Among Top 50 Press Release, August 31, Best Lawyers Names Fifty-four Hodgson Russ Attorneys From Multiple Offices News Release, August 18, 2016 Business Bankruptcy Filings Down Buffalo Business first, October 19, 2015 Sixty-Four Hodgson Russ Attorneys Named to 2015 Upstate New York Super Lawyers, Hugh Russ Listed Among Top 50 Press Release, August 19, 2015 Fifty-Five Hodgson Russ Attorneys Named to Best Lawyers 2016, Five Honored as Buffalo 'Lawyers of the Year' Press Release, August 17, 2015 Evolution in Legal Business Development Buffalo Law Journal, May 21, Hodgson Russ Partners Named to Business First's WNY Legal Elite Press Release, September 29, 2014 Western NY Attorneys Still Bill-ieve in the Bills Buffalo Business First, September 14, 2014 Presentations TMA Northeast Regional Conference: Current Issues in Lending - Unitranche, Leverage Lending Guidance, and Credit Bidding Panel Saratoga Springs, NY, September 2, 2015

6 Ontario Bar Association Institute 2014 February 7, 2014 Trapdoors in Commercial Lending Hodgson Russ and M&T Bank, Buffalo, NY, September 11, 2012 NYSBA/OBA Ontario-New York Legal Summit Toronto, ON, March 28, 2012 Erie Institute of Law & Monroe County Bar Center for Education's 2009 Western New York Bankruptcy Conference May 15, 2009 Weathering the Storm: Insights and Strategies to Help Your Troubled Clients Hodgson Russ, Buffalo, NY, April 10, 2009 New York State Bar Association Seminar: Practical Skills - Basics of Bankruptcy Practice Buffalo, NY, October 28, 2008 Erie Institute of Law and Monroe County Bar Center for Education's 5th Annual Western New York Bankruptcy Conference Batavia, NY, January 1, 2008 New York State Bar Association Seminar: Working Out and Litigating the Problem Loan Syracuse, NY, June 1, 2007 Publications UCC Article 9 Secured Party Sales November 20, 2017 A Close Look at Creditor Roadblocks in Bankruptcy Law360, May 14, 2014 Understanding The Various Laws Governing Foreclosure Law360, May 7, 2014 A Primer on UCC Article 9 Sales Law360, April 30, 2014 Cross-Border Insolvency in the U.S. under Chapter 15 of the Bankruptcy Code Insolvency News, a publication of the Ontario Bar Association, April 2013 Practical Lessons From the 'Tousa Saga' New York Law Journal, March 4, 2013

7 Chapter 15 Plays Its Role in Tembec Recapitalization Insolvency News, a publication of the Ontario Bar Association, February 1, 2009 Emerging Bankruptcy Roles for Turnaround Consultants The Journal of Corporate Renewal, October 2008 Professional Compensation Is a Gamble in Chapter 11 The Journal of Corporate Renewal, April 2005 Liability Issues for Offices, Directors of Troubled Firms Buffalo Law Journal, June 19, 2003 Professional Affiliations Co-chair, New York State Bar Association Real Property Section Bankruptcy and Workout Committee SUNY Buffalo Law School Dean's Advisory Committee Ontario Bar Association Insolvency Section Executive Committee Canadian Bar Association Bar Association of Erie County The Florida Bar New York State Bar Association International Section Executive Committee Former president, Upstate New York Chapter of the Turnaround Management Association Former president, Bar Association of Erie County Former advisory board member, American Bankruptcy Institute Mid-Atlantic Region Former chair, New York State Bar Association Section on Business Law Bankruptcy Committee Former president, University at Buffalo School of Law Alumni Association Community & Pro Bono MusicalFare Theatre board of directors Legal Services for the Elderly, Disabled, or Disadvantaged of Western New York board of directors Erie County Bar Foundation board of directors Former board member, YMCA of Greater Buffalo Former board member, Young Audiences of Western New York Former trustee, Cardinal O'Hara High School Former president, Bar Association of Erie County's Volunteer Lawyers Project, Inc., which provides volunteer civil legal services to economically disadvantaged individuals