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Full title: Motion for Joint Administration Filed by EHT US1, Inc.. (Dean, G.) (Entered: 01/27/2021)

Document posted on Jan 26, 2021 in the bankruptcy, 8 pages and 0 tables.

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In re: : Chapter 11 : Eagle Hospitality Real Estate Investment Trust, : Case No. 21-10120 (CSS) : Debtor. : (Joint Administration Requested) : ----------------------------------------------------------x MOTION FOR ENTRY OF ORDER (I) DIRECTING JOINT ADMINISTRATION OF RELATED CHAPTER 11 CASES, AND (II) GRANTING RELATED RELIEF EHT US1, Inc. (“EHT US1”) and its debtor affiliates (collectively, the “Initial Debtors”), together with Eagle Hospitality Real Estate Investment Trust, of which DBS Trustee Limited is the trustee pursuant to the Deed of Trust Constituting Eagle Hospitality Real Estate Investment 1 The Initial Debtors (as defined below) in these chapter 11 cases, along with the last four digits of each debtor’s tax identification number, as applicable, are as follows: EHT US1, Inc.(6703); 5151 Wiley Post Way, Salt Lake City, LLC (1455); ASAP Cayman Atlanta Hotel LLC (2088); ASAP Cayman Denver Tech LLC (7531); ASAP Cayman Salt Lake City Hotel LLC (7546); ASAP Salt Lake City Hotel, LLC (7146); Atlanta Hotel Holdings, LLC (6450); CI Hospitality Investment, LLC (7641); Eagle Hospitality Trust S1 Pte.UCCONT1, LLC (0463); UCF 1, LLC (6406); UCRDH, LLC (2279); UCHIDH, LLC (6497); Urban Commons 4th Street A, LLC (1768); Urban Commons Anaheim HI, LLC (3292); Urban Commons Bayshore A, LLC (2422); Urban Commons Cordova A, LLC (4152); Urban Commons Danbury A, LLC (4388); Urban Commons Highway 111 A, LLC (4497); Urban Commons Queensway, LLC (6882); Urban Commons Riverside Blvd., A, LLC (4661); and USHIL Holdco Member, LLC (4796).The Debtors in these chapter 11 cases, along with the last four digits of each debtor’s tax identification number, as applicable, are as follows: EHT US1, Inc.(6703); 5151 Wiley Post Way, Salt Lake City, LLC (1455); ASAP Cayman Atlanta Hotel LLC (2088); ASAP Cayman Denver Tech LLC (7531); ASAP Cayman Salt Lake City Hotel LLC (7546); ASAP Salt Lake City Hotel, LLC (7146); Atlanta Hotel Holdings, LLC (6450); CI Hospitality Investment, LLC (7641); Eagle Hospitality Real Estate Investment Trust (7734); Eagle Hospitality Trust S1 Pte.UCCONT1, LLC (0463); UCF 1, LLC (6406); UCRDH, LLC (2279); UCHIDH, LLC (6497); Urban Commons 4th Street A, LLC (1768); Urban Commons Anaheim HI, LLC (3292); Urban Commons Bayshore A, LLC (2422); Urban Commons Cordova A, LLC (4152); Urban Commons Danbury A, LLC (4388); Urban Commons Highway 111 A, LLC (4497); Urban Commons Queensway, LLC (6882); Urban Commons Riverside Blvd., A, LLC (4661); and USHIL Holdco Member, LLC (4796).

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE -----------------------------------------------------------x-----: In re: : Chapter 11 : EHT US1, Inc., et al.1 : Case No. 21-10036 (CSS) : Debtors. : (Jointly Administered) : : Hearing Date: N/A : Objection Deadline: N/A : Per Local Rule 1015-1 : -----------------------------------------------------------x-----: In re: : Chapter 11 : Eagle Hospitality Real Estate Investment Trust, : Case No. 21-10120 (CSS) : Debtor. : (Joint Administration Requested) : ----------------------------------------------------------x MOTION FOR ENTRY OF ORDER (I) DIRECTING JOINT ADMINISTRATION OF RELATED CHAPTER 11 CASES, AND (II) GRANTING RELATED RELIEF EHT US1, Inc. (“EHT US1”) and its debtor affiliates (collectively, the “Initial Debtors”), together with Eagle Hospitality Real Estate Investment Trust, of which DBS Trustee Limited is the trustee pursuant to the Deed of Trust Constituting Eagle Hospitality Real Estate Investment 1 The Initial Debtors (as defined below) in these chapter 11 cases, along with the last four digits of each debtor’s tax identification number, as applicable, are as follows: EHT US1, Inc.(6703); 5151 Wiley Post Way, Salt Lake City, LLC (1455); ASAP Cayman Atlanta Hotel LLC (2088); ASAP Cayman Denver Tech LLC (7531); ASAP Cayman Salt Lake City Hotel LLC (7546); ASAP Salt Lake City Hotel, LLC (7146); Atlanta Hotel Holdings, LLC (6450); CI Hospitality Investment, LLC (7641); Eagle Hospitality Trust S1 Pte. Ltd. (7669); Eagle Hospitality Trust S2 Pte. Ltd. (7657); EHT Cayman Corp. Ltd. (7656); Sky Harbor Atlanta Northeast, LLC (6450); Sky Harbor Denver Holdco, LLC (6650); Sky Harbor Denver Tech Center, LLC (8303); UCCONT1, LLC (0463); UCF 1, LLC (6406); UCRDH, LLC (2279); UCHIDH, LLC (6497); Urban Commons 4th Street A, LLC (1768); Urban Commons Anaheim HI, LLC (3292); Urban Commons Bayshore A, LLC (2422); Urban Commons Cordova A, LLC (4152); Urban Commons Danbury A, LLC (4388); Urban Commons Highway 111 A, LLC (4497); Urban Commons Queensway, LLC (6882); Urban Commons Riverside Blvd., A, LLC (4661); and USHIL Holdco Member, LLC (4796). The Debtors’ mailing address is 3 Times Square, 9th Floor New York, NY 10036 c/o Alan Tantleff (solely for purposes of notices and communications).

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Trust dated 11 April 2019 (“EH-REIT” or the “Additional Debtor,” and the Additional Debtor and Initial Debtors, collectively, the “Debtors”), through their undersigned proposed counsel, file this ex parte motion (the “Motion”) requesting entry of an order, substantially in the form attached hereto as Exhibit A (the “Proposed Order”), (i) directing procedural consolidation and joint administration of the chapter 11 case of the Additional Debtor with the jointly administered cases of the Initial Debtors and (ii) granting related relief. In support of this Motion, in accordance with Local Rule 1015-1, the Debtors submit the Declaration of Alan Tantleff in Support of Motion for Entry of Order (I) Directing Joint Administration of Related Chapter 11 Cases and (II) Granting Related Relief (the “Joint Administration Declaration”), attached as Exhibit B hereto. In further support of this Motion, the Debtors respectfully state as follows. Jurisdiction, Venue, and Statutory Bases 1. The United States Bankruptcy Court for the District of Delaware (the “Court”) has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the Amended Standing Order of Reference from the United States District Court for the District of Delaware, dated February 29, 2012 (the “Amended Standing Order”). This matter is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2). The Debtors confirm their consent, pursuant to Rule 7008 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”)and Rule 9013-1(f) of the Local Rules of Bankruptcy Practices and Procedure of the United States Bankruptcy Court for the District of Delaware (the “Local Rules”) to the entry of a final order by the Court in connection with this Motion to the extent that it is later determined that the Court, absent consent of the parties, cannot enter final orders or judgments in connection herewith consistent with Article III of the United States Constitution. 2. Venue is proper pursuant to 28 U.S.C. §§ 1408 and 1409.

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3. The bases for the relief requested herein are section 105(a) of title 11 of the United States Code (the “Bankruptcy Code”), Bankruptcy Rule 1015, and Local Rules 1015-1 and 9013-1(m). Background 4. On January 18, 2021 (the “Petition Date”), the Initial Debtors each commenced a voluntary case under chapter 11 of the Bankruptcy Code in this Court. The Additional Debtor commenced a voluntary case in this court under chapter 11 of the Bankruptcy Code on January 27, 2021. The Debtors are authorized to continue operating their businesses as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. No trustee, examiner, or statutory committee has been appointed to date in these chapter 11 cases to date. 5. The Initial Debtors’ chapter 11 cases are being jointly administered for procedural purposes only pursuant to Rule 1015(b) of the Bankruptcy Rules, Local Rule 1015-1, and the Order Directing Joint Administration of Related Chapter 11 Cases (the “Joint Administration Order”) [Docket No. 58 in Case No. 21-10036]. The Debtors seek, by this Motion, to have the Additional Debtor’s chapter 11 cases jointly administered with the chapter 11 cases of the Initial Debtors. 6. As noted in the First Day Declaration (as defined below), EH-REIT did not commence its chapter 11 case on January 18, 2021 together with the Initial Debtors, because it first sought direction from the General Division of the High Court of the Republic of Singapore as to corporate governance issues involving EH-REIT, which direction was obtained on January 25, 2021.2 2 A copy of the Singapore court’s order is attached hereto as Exhibit C. While the order is dated January 22, 2021, the court-stamped version of the order was not received by EH-REIT until January 25, 2021.

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7. A detailed description of the Debtors and their business, and the facts and circumstances supporting the Debtors’ chapter 11 cases, are set forth in the Declaration of Alan Tantleff, Chief Restructuring Officer of Eagle Hospitality Group, in Support of Debtors’ Chapter 11 Petitions and First Day Motions [Docket No. 13 in Case No. 21-10036] (the “First Day Declaration”), which the Debtors rely upon and incorporate by reference herein.3Relief Requested 8. The Debtors request that the Court maintain one file and one docket for all of the chapter 11 cases of the Debtors, and that these chapter 11 cases be administered under the following caption: IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ---------------------------------------------------------------x: In re: : Chapter 11 : EHT US1, Inc., et al.,1 : Case No. 21-10036 (CSS) : Debtors. : (Jointly Administered) ---------------------------------------------------------------x 1 The Debtors in these chapter 11 cases, along with the last four digits of each debtor’s tax identification number, as applicable, are as follows: EHT US1, Inc.(6703); 5151 Wiley Post Way, Salt Lake City, LLC (1455); ASAP Cayman Atlanta Hotel LLC (2088); ASAP Cayman Denver Tech LLC (7531); ASAP Cayman Salt Lake City Hotel LLC (7546); ASAP Salt Lake City Hotel, LLC (7146); Atlanta Hotel Holdings, LLC (6450); CI Hospitality Investment, LLC (7641); Eagle Hospitality Real Estate Investment Trust (7734); Eagle Hospitality Trust S1 Pte. Ltd. (7669); Eagle Hospitality Trust S2 Pte. Ltd. (7657); EHT Cayman Corp. Ltd. (7656); Sky Harbor Atlanta Northeast, LLC (6450); Sky Harbor Denver Holdco, LLC (6650); Sky Harbor Denver Tech Center, LLC (8303); UCCONT1, LLC (0463); UCF 1, LLC (6406); UCRDH, LLC (2279); UCHIDH, LLC (6497); Urban Commons 4th Street A, LLC (1768); Urban Commons Anaheim HI, LLC (3292); Urban Commons Bayshore A, LLC (2422); Urban Commons Cordova A, LLC (4152); Urban Commons Danbury A, LLC (4388); Urban Commons Highway 111 A, LLC (4497); Urban Commons Queensway, LLC (6882); Urban Commons Riverside Blvd., A, LLC (4661); and USHIL Holdco Member, LLC (4796). The Debtors’ mailing address is 3 Times Square, 9th Floor New York, NY 10036 c/o Alan Tantleff (solely for purposes of notices and communications). 3 Capitalized terms used but not otherwise defined in this Motion have the meanings given to them in the First Day Declaration.

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9. The Debtors further request that the Court order that the foregoing caption satisfies the requirements set forth in section 342(c)(1) of the Bankruptcy Code. 10. Additionally, the Debtors request that the Court make a separate docket entry in the Additional Debtor’s case, substantially similar to the following: An order has been entered in in this case consolidating this case with the case of EHT US1, Inc., Case No. 21-10036 (CSS), for procedural purposes only and providing for its joint administration in accordance with the terms thereof. The docket in No. 21-10036 (CSS) should be consulted for all matters affecting this case. Basis for Relief 11. The Debtors hereby incorporate all of the factual background and legal argumentation and citation contained in the Initial Debtors’ Motion For Entry Of Order (I) Directing Joint Administration of Related Chapter 11 Cases and (II) Granting Related Relief [Docket No. 4 in Case No. 21-10036] (the “Joint Administration Motion”). As set forth in the Joint Administration Motion (and as further supported in the Joint Administration Declaration), and given that the Initial Debtors and Additional Debtor are affiliates within a single integrated business enterprise, the Debtors submit that the joint administration of these chapter 11 cases is in the best interests of its estates, its creditors, and all other parties in interest. 12. For the avoidance of doubt, the Debtors, by this Motion, are merely seeking entry of an order authorizing the procedural joint administration of the Additional Debtor’s chapter 11 case with the Initial Debtors’ chapter 11 cases, consistent with the parameters of Local Rule 1015-1. The Debtors will file and provide sufficient notice, pursuant to applicable provisions of the Bankruptcy Code, the Bankruptcy Rules, and the Local Rules, of one or more additional motions seeking to apply certain substantive relief granted in the Initial Debtors’ chapter 11 cases to the Additional Debtor.

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Communication with Certain Parties Regarding Motion 13. Shortly after the filing of EH-REIT’s chapter 11 petition, counsel to the Debtors contacted counsel to the Administrative Agent, counsel to the DIP Lenders, and counsel to the United States Trustee for Region 3 (the “U.S. Trustee”) regarding the relief sought in this Motion. Counsel to the Administrative Agent, counsel to the DIP Lenders, and counsel to the U.S. Trustee advised counsel to the Debtors that they had no objection to the relief sought in this Motion. Immediate Entry of Proposed Order 14. Pursuant to Local Rule 1015-1, an order directing that cases be jointly administered may be entered without notice and an opportunity for a hearing if the motion requesting relief is “supported by an affidavit, declaration or verification, which establishes that the joint administration of two or more cases pending in this Court under title 11 is warranted and will ease the administrative burden for the Court and the parties.” Del. Bankr. L.R. 1015-1. The Joint Administration Declaration provides the support required by Local Rule 1015-1. Further, “[a]n order of joint administration entered in accordance with this Local Rule may be reconsidered upon motion of any party in interest at any time.” Id. As such no party in interest will be harmed by the immediate entry of the Proposed Order while the relief granted thereby will benefit the Court, the Clerk of the Court, the Debtors, and interested parties. As such, the immediate entry of the Proposed Order is warranted given the circumstances. Notice 15. Any order approving the relief requested herein will be served on: (a) the Office of the United States Trustee for Region 3; (b) the holders of the 30 largest unsecured claims against the Debtors (on a consolidated basis); (c) counsel to the Debtors’ secured lenders; (d) the

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United States Attorney’s Office for the District of Delaware; and (e) any other parties entitled to notice pursuant to Local Rules 2002-1(b) and 9013-1(m). The Debtors submit that, in light of the nature of the relief requested, no other or further notice need be given. [Remainder of page intentionally left blank.]

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WHEREFORE, the Debtors respectfully request entry of the Proposed Order(a) granting the relief requested herein, and (b) granting such other relief as is just and proper. Dated: January27, 2021 COLE SCHOTZ P.C. Wilmington, Delaware /s/ G. David Dean Seth Van Aalten, Esq. (pro hac vice) G. David Dean, Esq. (No. 6403) Justin R. Alberto (No. 5126) 500 Delaware Avenue, Suite 1410 Wilmington, Delaware 19801 Telephone: (302) 652-3131 Facsimile: (302) 574-2103 Email: svanaalten@coleschotz.com ddean@coleschotz.com jalberto@coleschotz.com - and - PAUL HASTINGS LLP Luc A. Despins, Esq. (pro hac vice) G. Alexander Bongartz, Esq. (pro hac vice) 200 Park Avenue New York, New York 10166 Telephone: (212) 318-6000 Facsimile: (212) 319-4090 Email: lucdespins@paulhastings.com alexbongartz@paulhastings.com Proposed Counsel to Debtors and Debtors in Possession

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