Case Doc 6 Filed 07/24/12 Page 1 of 3. IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division

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1 Case Doc 6 Filed 07/24/12 Page 1 of 3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division In re: Chapter 11 NEOGENIX ONCOLOGY, INC., Case No. 12- ( Debtor. REQUEST FOR EXPEDITED HEARING ON FIRST DAY MOTIONS The debtor and the debtor-in-possession (the Debtor in the above-captioned chapter 11 case, filed a voluntary petition for relief under Chapter 11 of Title 11 of the United States Code (the Bankruptcy Code on July 23, The Debtor has filed or will file the following first day motions (collectively, the First Day Motions seeking emergency relief from the Court for the reasons set forth in the Declaration of Philip M. Arlen, M.D. in Support of the Debtor s Chapter 11 Petition and Requests for First Day Relief, filed contemporaneously herewith and incorporated herein by reference: (1 Request for Designation as Complex Chapter 11 Bankruptcy Case, or in the Alternative, to Set Case Management Procedures; (2 Motion of the Debtor for Entry of an Order (A Authorizing the Maintenance of Its Bank Account, (B Authorizing the Continued Use of Existing Banking Practices, and (C Waiving Certain Investment and Deposit Guidelines; (3 Motion of the Debtor for Entry of an Order (A Authorizing Debtor to Pay (I All Prepetition Employee Obligations, and (II Prepetition Withholding Obligations, and (B Directing Banks to Honor Related Transfers; (4 Motion of the Debtor for Entry of an Order Pursuant to Bankruptcy Code Sections 105(a, 363(b, 1107(a and 1108 and Bankruptcy Rules 6003 and 6004 Authorizing the Debtor to Honor Its Obligations Related to Its Clinical Trials, Whether Arising Prepetition or Postpetition, in the Ordinary Course of Business;

2 Case Doc 6 Filed 07/24/12 Page 2 of 3 (5 Motion of the Debtor for Interim and Final Orders (A Authorizing the Debtor to Incur Postpetition Debt on an Emergency Basis; (B Granting Certain Liens, Security Interests, Superpriority Claims and Other Relief to Precision Biologics, Inc. as DIP Lender; and (C Granting Related Relief; (6 Motion of the Debtor for Entry of Interim and Final Orders Pursuant to Sections 105(a and 366 of the Bankruptcy Code (A Prohibiting Utilities From Altering, Refusing, or Discontinuing Service, (B Deeming Utilities Adequately Assured of Future Performance, and (C Establishing Procedures for Determining Adequate Assurance of Payment; and (7 Motion for Entry of Order Authorizing Debtor to Employ and Retain Kurtzman Carson Consultants LLC as Notice, Claims and Solicitation Agent Nunc Pro Tunc to the Petition Date. If the Court grants this Motion, the Debtor proposes providing the notice attached as Exhibit A (the Expedited Hearing Notice, to the appropriate necessary parties. The First Day Motions will be served by first class mail. Any party wishing to receive a copy of any First Day Motion by facsimile, or overnight mail may request same from Debtor s counsel. Statement Pursuant to Local Bankruptcy Rule Pursuant to Rule of the Local Bankruptcy Rules of the United States Bankruptcy Court for the District of Maryland, the Debtor states that, in lieu of submitting a memorandum in support of this motion, it will rely solely upon the grounds and authorities set forth herein. 2

3 Case Doc 6 Filed 07/24/12 Page 3 of 3 WHEREFORE, the Debtor respectfully requests an expedited hearing on the First Day Motions at the Court s earliest convenience, that the Court approve the Expedited Hearing Notice, and for such other relief this Court deems proper. Respectfully submitted, Dated: July 23, 2012 GREENBERG TRAURIG, LLP By: /s/ Thomas J. McKee, Jr. Lawrence E. Rifken, Esq. (Pro Hac Vice Pending Thomas J. McKee, Jr., Esq. (MD Bar No Greenberg Traurig, LLP 1750 Tysons Boulevard, Suite 1200 McLean, Virginia Telephone: ( Facsimile: ( rifkenl@gtlaw.com mckeet@gtlaw.com - and - Maria J. DiConza (Pro Hac Vice Pending Greenberg Traurig, LLP 200 Park Avenue New York, NY Telephone: ( Facsimile: ( diconzam@gtlaw.com Proposed Counsel for Debtor and Debtor-in-Possession 3

4 Case Doc 6-1 Filed 07/24/12 Page 1 of 8 EXHIBIT A

5 Case Doc 6-1 Filed 07/24/12 Page 2 of 8 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division In re: Chapter 11 NEOGENIX ONCOLOGY, INC., Case No. 12- ( Debtor. NOTICE OF EXPEDITED HEARING ON FIRST DAY MOTIONS Hearing Date and Time: Hearing Location: July, 2012 at :.m. Courtroom United States Bankruptcy Court 6500 Cherrywood Lane Greenbelt, Maryland Neogenix Oncology, Inc. (the Debtor, filed a voluntary petition for relief under Chapter 11 of Title 11 of the United States Code (the Bankruptcy Code on July 23, The Debtor has also filed the following first day motions (collectively, the First Day Motions seeking from the Court the emergency relief set forth therein: (1 Request for Designation as Complex Chapter 11 Bankruptcy Case, or in the Alternative, to Set Case Management Procedures; (2 Motion of the Debtor for Entry of an Order (A Authorizing the Maintenance of Its Bank Account, (B Authorizing the Continued Use of Existing Banking Practices, and (C Waiving Certain Investment and Deposit Guidelines; (3 Motion of the Debtor for Entry of an Order (A Authorizing Debtor to Pay (I All Prepetition Employee Obligations, and (II Prepetition Withholding Obligations, and (B Directing Banks to Honor Related Transfers; (4 Motion of the Debtor for Entry of an Order Pursuant to Bankruptcy Code Sections 105(a, 363(b, 1107(a and 1108 and Bankruptcy Rules 6003 and 6004 Authorizing the Debtor to Honor Its Obligations Related to Its Clinical Trials, Whether Arising Prepetition or Postpetition, in the Ordinary Course of Business;

6 Case Doc 6-1 Filed 07/24/12 Page 3 of 8 (5 Motion of the Debtor for Interim and Final Orders (A Authorizing the Debtor to Incur Postpetition Debt on an Emergency Basis; (B Granting Certain Liens, Security Interests, Superpriority Claims and Other Relief to Precision Biologics, Inc. as DIP Lender; and (C Granting Related Relief; (6 Motion of the Debtor for Entry of Interim and Final Orders Pursuant to Sections 105(a and 366 of the Bankruptcy Code (A Prohibiting Utilities From Altering, Refusing, or Discontinuing Service, (B Deeming Utilities Adequately Assured of Future Performance, and (C Establishing Procedures for Determining Adequate Assurance of Payment; and (7 Motion for Entry of Order Authorizing Debtor to Employ and Retain Kurtzman Carson Consultants LLC as Notice, Claims and Solicitation Agent Nunc Pro Tunc to the Petition Date. NOTICE IS HEREBY GIVEN that a hearing on the First Day Motions before the Honorable [ ] has been scheduled for July, 2012 at :.m., Courtroom, United States Bankruptcy Court, 6500 Cherrywood Lane, Greenbelt, Maryland The First Day Motions are being served by first class mail. Any party wishing to receive a copy of any First Day Motion by facsimile, , or overnight mail may request same from the undersigned counsel for the Debtor. Respectfully submitted, Dated: July [ ], 2012 GREENBERG TRAURIG, LLP By: Lawrence E. Rifken, Esq. (Pro Hac Vice Pending Thomas J. McKee, Jr., Esq. (MD Bar No Greenberg Traurig, LLP 1750 Tysons Boulevard, Suite 1200 McLean, Virginia Telephone: ( Facsimile: ( rifkenl@gtlaw.com mckeet@gtlaw.com - and -

7 Case Doc 6-1 Filed 07/24/12 Page 4 of 8 Maria J. DiConza (Pro Hac Vice Pending Greenberg Traurig, LLP 200 Park Avenue New York, NY Telephone: ( Facsimile: ( diconzam@gtlaw.com Proposed Counsel for Debtor and Debtor-in-Possession

8 Case Doc 6-1 Filed 07/24/12 Page 5 of 8 Lawrence E. Rifken, Esq. Thomas J. McKee, Jr., Esq. Greenberg Traurig, LLP 1750 Tysons Boulevard, Suite 1200 McLean, Virginia Telephone: ( Facsimile: ( rifkenl@gtlaw.com mckeet@gtlaw.com Maria DiConza, Esq. Greenberg Traurig, LLP 200 Park Avenue New York, NY Telephone: ( Facsimile: ( diconzam@gtlaw.com Gerard Vetter Office of The United States Trustee 6305 Ivy Lane, Suite 600 Greenbelt, MD Telephone: ( Facsimile: ( Daniel J. Scher Attn: Thomas J. Luz KLG Luz & Greenberg, LLP 370 Lexington Ave., 24 th Fl. New York, NY Telephone: ( Facsimile: ( Securities & Exchange Commission 100 F. Street NE Washington, DC Telephone: ( Service List

9 Case Doc 6-1 Filed 07/24/12 Page 6 of 8 Securities & Exchange Commission Philadelphia Regional Office The Mellon Independence Center 701 Market Street Philadelphia, PA Telephone: ( philadelphia@sec.gov Gene T. Price Derek Meek Burr & Forman LLP th Street North, Suite 3400 Birmingham, AL Telephone: ( Facsimile: ( dmeek@burr.com gprice@burr.com Cytovance Biologics LLC Attn: Molly S. McGlaughlin VP, Business Development 800 Research Parkway, Suite 200 Oklahoma City, OK Telephone: ( Facsimile: ( Duke University Office of Research Administration Attention: Director 2200 West Main Street, Suite 820 Durham, NC Telephone: ( Facsimile: ( Roy M. Terry Sands Anderson PC 1111 East Main Street P.O. Box 1998 Richmond, VA Telephone: ( Facsimile: ( Internal Revenue Service Director - Insolvency Section 31 Hopkins Plaza, Room 1150 Baltimore, MD 21202

10 Case Doc 6-1 Filed 07/24/12 Page 7 of 8 Internal Revenue Service P.O. Box Philadelphia, PA New York State Department of Tax and Finance Department of Taxation and Finance Att: Office of Counsel Building 9, W.A. Harriman Campus Albany, NY Maryland State Department of Assessments and Tax 301 W. Preston St. Baltimore, MD ADP Payroll Services c/o National Registered Agents, Inc. of MD. Registered Agent Second Floor 836 Park Avenue Baltimore, MD Chase 410 Northern Blvd. Great Neck, NY New York State Office of the Attorney General The Capitol Albany, NY Maryland State Office of the Attorney General 200 St. Paul Place Baltimore, MD Long Island Power Authority P.O. Box 9039 Hicksville, NY Verizon P.O. Box Albany, NY Comcast 20 W. Gude Dr. Rockville, MD 20850

11 Case Doc 6-1 Filed 07/24/12 Page 8 of 8 Cablevision 6 Corporate Center Dr. Melville, NY Pepco 701 Ninth St NW Washington DC 20068

12 Case Doc 6-2 Filed 07/24/12 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division In re: Chapter 11 NEOGENIX ONCOLOGY, INC., Case No. 12- ( Debtor. ORDER GRANTING REQUEST FOR EXPEDITED HEARING ON FIRST DAY MOTIONS Upon the Debtor s Request for Expedited Hearing on First Day Motions (the Request and for the reasons set forth Declaration of Philip M. Arlen, M.D. in Support of the Debtor s Chapter 11 Petition and Requests for First Day Relief, it is, by the United States Bankruptcy Court for the District of Maryland: ORDERED, that an expedited hearing will be held upon those motions described in Paragraphs 1 through 7 of the Debtor s Request for Expedited Hearing on First Day Motions, as listed below, at :.m. on, July, 2012, in Courtroom, United States Bankruptcy Court, 6500 Cherrywood Lane, Greenbelt, Maryland 20770: (1 Request for Designation as Complex Chapter 11 Bankruptcy Case, or in the Alternative, to Set Case Management Procedures; (2 Motion of the Debtor for Entry of an Order (A Authorizing the Maintenance of Its Bank Account, (B Authorizing the Continued Use of

13 Case Doc 6-2 Filed 07/24/12 Page 2 of 2 Existing Banking Practices, and (C Waiving Certain Investment and Deposit Guidelines; (3 Motion of the Debtor for Entry of an Order (A Authorizing Debtor to Pay (I All Prepetition Employee Obligations, and (II Prepetition Withholding Obligations, and (B Directing Banks to Honor Related Transfers; (4 Motion of the Debtor for Entry of an Order Pursuant to Bankruptcy Code Sections 105(a, 363(b, 1107(a and 1108 and Bankruptcy Rules 6003 and 6004 Authorizing the Debtor to Honor Its Obligations Related to Its Clinical Trials, Whether Arising Prepetition or Postpetition, in the Ordinary Course of Business; (5 Motion of the Debtor for Interim and Final Orders (A Authorizing the Debtor to Incur Postpetition Debt on an Emergency Basis; (B Granting Certain Liens, Security Interests, Superpriority Claims and Other Relief to Precision Biologics, Inc. as DIP Lender; and (C Granting Related Relief; (6 Motion of the Debtor for Entry of Interim and Final Orders Pursuant to Sections 105(a and 366 of the Bankruptcy Code (A Prohibiting Utilities From Altering, Refusing, or Discontinuing Service, (B Deeming Utilities Adequately Assured of Future Performance, and (C Establishing Procedures for Determining Adequate Assurance of Payment; and (7 Motion for Entry of Order Authorizing Debtor to Employ and Retain Kurtzman Carson Consultants LLC as Notice, Claims and Solicitation Agent Nunc Pro Tunc to the Petition Date. ORDERED, that the proposed notice attached as Exhibit A to the Request (the Expedited Hearing Notice is approved, and Debtor s counsel shall provide immediate notification of this Order and the Expedited Hearing Notice to all necessary parties-in-interest. End of Order