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Full title: Motion to Extend (Debtors' Motion For Entry of Order Under 28 U.S.C. § 1452 and Bankruptcy Rules 9006(b) and 9027 Extending Deadline By Which the Debtors May Remove Civil Actions). Filed by EHT US1, Inc.. Hearing scheduled for 5/13/2021 at 10:00 AM at US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #6, Wilmington, Delaware. Objections due by 5/3/2021. (Attachments: # 1 Notice of Motion # 2 Exhibit A - Proposed Order) (Dean, G.) (Entered: 04/19/2021)

Document posted on Apr 18, 2021 in the bankruptcy, 7 pages and 0 tables.

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EHT US1, Inc. (“EHT”) and its affiliated debtors and debtors in possession (the “Debtors”) submit this motion (the “Motion”) pursuant to 28 U.S.C. § 1452, Rules 9006(b) and 9027 of the Rules of Federal Bankruptcy Procedure (the “Bankruptcy Rules”), and Rule 9006-2 of the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware (the “Local Rules”) for entry of an order, substantially in the form attached hereto as Exhibit A (the “Proposed Order”), extending the time period, established by Bankruptcy Rule 9027(a)(2)(A), by which the Debtors may file notices of removal 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.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 (9915); 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). of claims and causes of action pursuant to 28 U.S.C. § 1452 (the “Removal Deadline”) by ninety (90) days through and including July 20, 2021, with respect to all matters pending as of (a) January 18, 2021, in the case of all Debtors other than Eagle Hospitality Real Estate Investment Trust (“EH-REIT”) or (b) January 27, 2021, in the case of EH-REIT (such date, as applicable, the “Petition Date”), as specified in Bankruptcy Rule 9027(a)(2) (the “Prepetition Actions”), in addition to any and all matters initiated after the Petition Date as specified in Bankruptcy Rule 9027(a)(3) (the “Postpetition Actions,” together with the Prepetition Actions,The Debtors further request that the Order approving this Motion be without prejudice to (a) any position the Debtors may take regarding whether section 362 of title 11 of the United States Code, 11 U.S.C. §§ 101–1532 (the “Bankruptcy Code”) applies to stay any given Action, (b) the right of the Debtors to seek further extensions of the Removal Deadline, and (c) the right of the Debtors to remove Actions within the time period established by Bankruptcy Rule 9027(a)(2)(B), and respectfully state as follows: JURISDICTION, VENUE, AND STATUTORY BASES 1.A party may remove any claim or cause of action in a civil action other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce such governmen

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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. : Case No. 21-10036 (CSS) : Debtors.1 : (Jointly Administered) : : Hearing Date: May 13, 2021 at 10:00 p.m. (ET) : Obj. Deadline: May 3, 2021 at 4:00 p.m. (ET) ----------------------------------------------------------X DEBTORS’ MOTION FOR ENTRY OF ORDER UNDER 28 U.S.C. § 1452 AND BANKRUPTCY RULES 9006(b) AND 9027 EXTENDING DEADLINE BY WHICH THE DEBTORS MAY REMOVE CIVIL ACTIONS EHT US1, Inc. (“EHT”) and its affiliated debtors and debtors in possession (the “Debtors”) submit this motion (the “Motion”) pursuant to 28 U.S.C. § 1452, Rules 9006(b) and 9027 of the Rules of Federal Bankruptcy Procedure (the “Bankruptcy Rules”), and Rule 9006-2 of the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware (the “Local Rules”) for entry of an order, substantially in the form attached hereto as Exhibit A (the “Proposed Order”), extending the time period, established by Bankruptcy Rule 9027(a)(2)(A), by which the Debtors may file notices of removal 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 (6846); 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 (9915); 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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of claims and causes of action pursuant to 28 U.S.C. § 1452 (the “Removal Deadline”) by ninety (90) days through and including July 20, 2021, with respect to all matters pending as of (a) January 18, 2021, in the case of all Debtors other than Eagle Hospitality Real Estate Investment Trust (“EH-REIT”) or (b) January 27, 2021, in the case of EH-REIT (such date, as applicable, the “Petition Date”), as specified in Bankruptcy Rule 9027(a)(2) (the “Prepetition Actions”), in addition to any and all matters initiated after the Petition Date as specified in Bankruptcy Rule 9027(a)(3) (the “Postpetition Actions,” together with the Prepetition Actions, the “Actions”).2 The Debtors further request that the Order approving this Motion be without prejudice to (a) any position the Debtors may take regarding whether section 362 of title 11 of the United States Code, 11 U.S.C. §§ 101–1532 (the “Bankruptcy Code”) applies to stay any given Action, (b) the right of the Debtors to seek further extensions of the Removal Deadline, and (c) the right of the Debtors to remove Actions within the time period established by Bankruptcy Rule 9027(a)(2)(B), and respectfully state as follows: JURISDICTION, VENUE, AND STATUTORY BASES 1. This Court has jurisdiction to consider the Motion under 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. This is a core proceeding under 28 U.S.C. § 157(b) and, pursuant to Local Rule 9013-1(f), the Debtors consent to the entry of a final order by the Court in connection with the Motion to the extent that it is later determined that the Court, 2 Under Local Rule 9006-2, the filing of this Motion before the expiration of the current Removal Deadline, i.e., April 19, 2021 (in the case of the Debtors other than EH-REIT) and April 27, 2021 (in the case of EH-REIT), automatically extends the Removal Deadline until such time as the Court rules on this Motion. See Del. Bankr. L.R. 9006-2.

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absent consent of the parties, cannot enter final orders or judgments consistent with Article III of the United States Constitution. 2. Venue of these chapter 11 cases and the Motion in this District is proper under 28 U.S.C. §§ 1408 and 1409. 3. The statutory and legal predicates for the relief requested herein are 28 U.S.C. § 1452, Bankruptcy Rules 9006(b) and 9027, and Local Rule 9006-2. BACKGROUND 4. On January 18, 2021, the Debtors (other than EH-REIT) commenced these chapter 11 cases by filing petitions for relief under chapter 11 of the Bankruptcy Code. Debtor Eagle Hospitality Real Estate Investment Trust commenced its chapter 11 case on January 27, 2021. The Debtors are managing and operating their businesses as debtors in possession pursuant to Bankruptcy Code sections 1107(a) and 1108. These chapter 11 cases are being jointly administered for procedural purposes only pursuant to Rule 1015(b) of the Federal Rules of Bankruptcy Procedure. 5. On February 4, 2021, the United States Trustee for Region 3 appointed the Official Committee of Unsecured Creditors of EHT US1, Inc. et al. (the “Committee”) to serve in these chapter 11 cases. By notice dated February 18, 2021 [Docket No. 243], the U.S. Trustee amended the membership of the Creditors’ Committee. On March 26, 2021, the Court appointed David M. Klauder, Esq. of Bielli & Klauder, LLC as the Fee Examiner in these chapter 11 cases [Docket No. 513]. BASIS FOR RELIEF 6. Section 1452 of title 28 of the United States Code and Bankruptcy Rule 9027 govern the removal of pending civil actions. Specifically, 28 U.S.C. § 1452(a) provides:

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A party may remove any claim or cause of action in a civil action other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce such governmental unit’s police or regulatory power, to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under section 1334 of this title. 28 U.S.C. § 1452(a). 7. Bankruptcy Rule 9027(a)(2) sets forth the time period for filing notices to remove claims or causes of actions and provides, in pertinent part: [A] notice of removal may be filed only within the longest of (A) 90 days after the order for relief in the case under the Code, (B) 30 days after entry of an order terminating a stay, if the claim or cause of action in a civil action has been stayed under § 362 of the Code, or (C) 30 days after a trustee qualifies in a chapter 11 reorganization case but not later than 180 days after the order for relief. Fed. R. Bankr. P. 9027(a)(2). 8. Bankruptcy Rule 9006(b) further provides that the Court may extend unexpired time periods, such as the Debtors’ Removal Deadline, without notice: [W]hen an act is required or allowed to be done at or within a specified period by these rules or by a notice given thereunder or by order of court, the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if the request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) on motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect. Fed. R. Bankr. P. 9006(b)(1). 9. It is well settled, in this district and others, that this Court has the authority to grant the relief requested herein. See, e.g., In re Pacor, Inc., 743 F.2d 984, 966 n.17 (3d Cir. 1984), overruled on other grounds by Things Remembered, Inc. v. Petrarca, 516 U.S. 124 (1995) (holding that the bankruptcy court’s power to grant an extension of the removal period pursuant to Bankruptcy Rule 9006(b) is “clear”); Caperton v. A.T. Massey Coal Co., Inc., 251 B.R. 322,

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325 (S.D. W. Va. 2000) (Bankruptcy Rule 9006 provides authority to enlarge time periods for removing actions under Bankruptcy Rule 9027); Raff v. Gordon, 58 B.R. 988, 990 (E.D. Pa. 1986) (“An expansion of time [to file notices of removal] is authorized under the [Bankruptcy] Rules.”); Caperton v. A.T. Massey Coal Co., 251 B.R. 322, 325 (S.D.W. Va. 2000) (noting that Bankruptcy Rule 9006 authorizes the enlargement of time periods for removing actions under Bankruptcy Rule 9027); Jandous Elec. Constr. Corp. v. City of New York (In re Jandous Elec. Constr. Corp.), 106 B.R. 48, 49–50 (Bankr. S.D.N.Y. 1989) (finding that a court may extend the time in which to file motions to remove civil actions pursuant to Bankruptcy Rule 9006); In re World Fin. Servs. Ctr., Inc., 81 B.R. 33, 39 (Bankr. S.D. Cal. 1987) (stating that Bankruptcy Rule 9006 was designed to give bankruptcy judges the authority to enlarge the removal periods under Bankruptcy Rule 9027(a)). 10. The Debtors submit that ample cause exists to extend the Removal Deadline. As of the date of the filing of this Motion, the Debtors are involved in many Actions pending in state courts in various jurisdictions. In light of numerous pressing matters during the first few months of these case, the Debtors have not yet had the opportunity to properly consider, or make decisions concerning, the removal of all of the Actions. Indeed, since the Petition Date, the Debtors have expended considerable time and effort focusing on their transition into chapter 11, including, but not limited to: stabilizing business operations; seeking and obtaining various forms of first and second-day relief (including contested DIP financing); seeking approval of bidding procedures; defending a motion to dismiss the cases of certain Debtors; handling countless operational issues (including responding to creditor concerns and questions); and addressing various other issues related to maximizing value for all creditors and stakeholders.

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Based on the foregoing, the Debtors believe the current Removal Deadline of April 19, 20213 (in the case of the Debtors other than EH-REIT) and April 27, 2021 (in the case of EH-REIT) would not provide sufficient time for the Debtors to determine conclusively which remaining Actions, if any, they should seek to remove. 11. The extension of the Removal Deadline will provide the Debtors with time to make fully-informed decisions concerning the removal of any or all of the Actions and will ensure that the Debtors do not forfeit any valuable rights under 28 U.S.C. § 1452. Thus, the Debtors submit that the relief requested herein is in the best interests of the Debtors, their estates, and their creditors. 12. Finally, granting the requested extension will not unduly prejudice the rights of the counterparties to the Actions. The Actions against the Debtors are stayed by operation of the automatic stay contained in section 362(a) of the Bankruptcy Code. Further, any counterparty to an Action that is removed retains their rights under 28 U.S.C. § 1452(b) to seek to remand such Action. Accordingly, the Debtors submit that cause exists to grant the relief requested herein. NO PRIOR REQUEST 13. No previous request for the relief sought herein has been made to this or any other Court. NOTICE 14. Notice of the Motion has been provided to (i) the Office of the United States Trustee for Region 3; (ii) counsel to the Committee, (iii) counsel to the Fee Examiner, and 3 The date that is 90-days from the Petition Date is April 18, 2021, a Sunday, meaning that the removal deadline is April 19, 2021. See Bankruptcy Rule 9006(a)(1)(C)(“[I]f last day [of a time period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.”).

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(iv) parties that have requested notice pursuant to Local Rule 2002-1(b). The Debtors submit that, under the circumstances, no other or further notice is required. WHEREFORE, the Debtors respectfully request that the Court enter the Proposed Order, attached hereto as Exhibit A, granting the relief requested in this Motion and such other and further relief as may be just and proper. Dated: April 19, 2021 COLE SCHOTZ P.C. Wilmington, Delaware /s/ G. David Dean Seth Van Aalten (admitted pro hac vice) G. David Dean (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 (admitted pro hac vice) G. Alexander Bongartz (admitted 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 Counsel toDebtors and Debtors in Possession

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