Hearing Date: March 23, 2011 at 11:00 a.m.

Eastern Time Objections Due: March 18, 2011 at 4:00 p.m. Eastern Time

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 NOTICE OF PRESENTMENT OF FINAL ORDER PURSUANT TO SECTIONS 105(a), 363(b), AND 541 OF THE BANKRUPTCY CODE (I) AUTHORIZING PAYMENT OF CERTAIN PREPETITION TAXES AND (II) ALLOWING FINANCIAL INSTITUTIONS TO CASH AND PROCESS RELATED CHECKS AND TRANSFERS PLEASE TAKE NOTICE that the above referenced debtor and debtor in possession (the Debtor), will present the annexed Final Order Pursuant to Sections 105(a) and 363(b) and 541 of the Bankruptcy Code (I) Authorizing Payment of Certain Prepetition Taxes and (II) Allowing Financial Institutions to Cash and Process Related Checks and Transfers (the Proposed Order) for signature to the Honorable Sean H. Lane, United States Bankruptcy Judge, in Room 621 of the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court), One Bowling Green, New York, New York 10004, on March

Chapter 11

Case No. 11-10723 (SHL) Re: Docket No. 7

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23, 2011 at 11:00 a.m. (Prevailing Eastern Time).1 PLEASE TAKE FURTHER NOTICE that any responses or objections to the Proposed Order must be in writing, shall conform to the Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules for the Southern District of New York, and shall be filed with the Bankruptcy Court (a) electronically in accordance with General Order M-242 (which can be found at www.nysb.uscourts.gov) by registered users of the Bankruptcy Courts filing system and (b) by all other parties in interest, on a 3.5 inch disk, compact disc, or flash drive, preferably in Portable Document Format (PDF), WordPerfect, or any other Windows-based word processing format (with two hard copies delivered directly to Chambers of the Honorable Sean H. Lane) and served upon: (i) the Debtor, Lehr Construction Corp. (Attn: Frederick Coffey); (ii) attorneys to the Debtor, Cooley LLP (Attn: James A. Beldner, Esq.); and (iii) the Office of the United States Trustee for the Southern District of New York (Attn: Susan Golden, Esq.), in each case so as to be received no later than 4:00 p.m. on March 18, 2011 (Prevailing Eastern Time) (the Objection Deadline).

A copy of the motion corresponding to the Proposed Order may be obtained at the Debtors web-site: http://www.omnimgt.com/sblite/lehr

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PLEASE TAKE FURTHER NOTICE that if no objections are timely filed and served, the Bankruptcy Court may sign the Proposed Order attached hereto on the presentment date and time set forth above. Dated: March 2, 2011 New York, New York 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 James A. Beldner Lesley A. Kroupa Proposed Attorneys for Debtor and Debtor in Possession

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------- x : In re : Chapter 11 : LEHR CONSTRUCTION CORP., : : Case No. 11-10723 (SHL) Debtor. : Re: Docket No. 7 : ---------------------------------------------------------------- x FINAL ORDER PURSUANT TO SECTIONS 105(a), 363(b), AND 541 OF THE BANKRUPTCY CODE (I) AUTHORIZING PAYMENT OF CERTAIN PREPETITION TAXES AND (II) ALLOWING FINANCIAL INSTITUTIONS TO CASH AND PROCESS RELATED CHECKS AND TRANSFERS Upon the motion, dated February 21, 2011 (the Motion),1 of Lehr Construction Corp., as debtor and debtor in possession (the Debtor),2 for an order pursuant to sections 105(a), 363(b), and 541 of title 11 of the United States Code (the Bankruptcy Code) (i) for authorization to pay certain prepetition taxes (the Taxes and Fees), and (ii) to allow financial institutions to cash and process related checks and transfers, all as more fully set forth in the Motion; and the Court having jurisdiction to consider the Motion and the relief requested therein in accordance with 28 U.S.C. 157 and 1334 and the Standing Order of Referral of Cases to Bankruptcy Judges of the District Court for the Southern District of New York, dated July 19, 1984 (Ward, Acting C.J.); and consideration of the Motion and the relief requested therein being a core proceeding pursuant to 28 U.S.C. 157(b); and venue being proper before this Court pursuant to 28 U.S.C. 1408 and 1409; and notice of the Motion appearing adequate and appropriate under the circumstances, and it appearing that no other or further notice need be provided; and the Court having determined that the relief requested in the Motion is in the best
1

Capitalized terms used but not defined herein shall have the respective meanings ascribed to them in the Motion. The last four digits of the Debtors federal tax identification number are 3507.

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interests of the Debtor, its creditors, and all parties in interest; and the Court having determined that the legal and factual bases set forth in the Motion establish just cause for the relief granted herein; and upon all of the proceedings had before the Court and after due deliberation and sufficient cause appearing therefore, IT IS HEREBY ORDERED that the Motion is granted on a final basis, to the extent provided herein; and it is further ORDERED that the Debtor is authorized, but not required, in its sole discretion, to pay all Taxes and Fees relating to the period prior to the Petition Date, as well as all those Taxes and Fees subsequently determined upon audit, or otherwise, to be owed for periods prior to the Petition Date or become due after the Petition Date, to the Taxing Authorities, including, but not limited to, those listed on Exhibit A annexed hereto; and it is further ORDERED that the Banks, including, but not limited to, those listed on Exhibit B annexed hereto, are directed and authorized to process, honor, and pay, to the extent of funds on deposit, any and all prepetition checks issued by the Debtor, in respect of any Taxes and Fees incurred prior to, or after, the commencement of this chapter 11 case, to the Taxing Authorities, and it is further ORDERED that nothing in this Order or the Motion waives, releases or affects any rights the Debtor has to contest the amount of or basis for any Taxes and Fees allegedly due to any Taxing Authority; and it is further

2
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ORDERED that this Court shall retain jurisdiction to hear and determine all matters arising from or related to the implementation, interpretation and/or enforcement of this Order; and it is further

Dated: _______________, 2011 New York, New York

HONORABLE SEAN H. LANE UNITED STATES BANKRUPTCY JUDGE

3
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EXHIBIT A TAXING AUTHORITIES State Federal Contact Information Department of The Treasury Internal Revenue Service Center Ogden, UT 84201-0012 NYS Corporation Tax Processing Unit P.O. Box 22095 Albany, NY 12201-2095 NYC Department of Finance General Corporation Tax P.O. Box 5060 Kingston, NY 12402-5060 NYS Sales Tax Processing P.O. Box 15172 Albany, NY 12212-5172 NYC Department of Finance P.O. Box 5150 Kingston, NY 12402-5150 Tax ID 13-2993507

New York

13-2993507

New York

13-2993507

New York

13-2993507

New York

13-2993507

New Jersey

State of New Jersey Div. of Taxation Rev. Processing Center P.O. Box 666 Trenton, NJ 08646-0666

132-993-507/000

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EXHIBIT B BANK ACCOUNTS

Bank Name and Address Capital One N.A. 99 Smithtown Bypass Hauppauge, NY 11788 Account Description Lehr Operating Account No. xxxxxxxx72

HSBC Bank USA, N.A. 145 Fifth Avenue New York, NY 10010 212-375-1273 Citibank 100 Citibank Drive San Antonio, TX 78245-3214 JP Morgan Chase Bank, N.A. P.O. Box 659754 San Antonio, TX 78265-9754 Gotham 1412 Broadway New York, NY 10018 212-944-2599 Amalgamated Bank 52 Broadway New York, NY 10004 212-894-3000

Lehr Operating 2 Sullivan & Cromwell Fidelity Strand CBS/CRG Covington & Burling Google Amalgamated, Unite Here, Makor Kramer Levin Renaissance Technologies Goldman Sachs/AT&T The Limited Carpenters Viacom/MTV Goldman NY Warburg Pincus Economist Payroll (II) Flexplan (checking) (Smartflex) Money Market Reimburseables Project Related

xxxxxxxx67 xxxxxxxx98 xxxxxxxx06 xxxxxxxx14 xxxxxxxx22 xxxxxxxx30 xxxxxxxx48 xxxxxxxx55 xxxxxxxx63 xxxxxxxx71 xxxxxxxx66 xxxxxxxx54 xxxxxxxx97 xxxxxxxx12 xxxxxxxx52 xxxxxxxx94 xxxxxxxx54 xxxxxxxx60 xxxxxxxx89 xxxxxxxx05 xxxxxxxxx43 xxx-xxxx7-1

Project Related

xxx-xxxxx88

Project Related

xx-xxxx-x64

Employee Medical Benefits

xxx-xxx-73

Project Related

xxxxxxx48

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