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Full title: ORDER AUTHORIZING AND APPROVING DEBTORS APPLICATION TOEMPLOY AND RETAIN ERNST & YOUNG LLP AS TAXSERVICES PROVIDER EFFECTIVE AS OF APRIL 6, 2021 (related document(s)664) Order Signed on 5/11/2021. (CAS) (Entered: 05/11/2021)

Document posted on May 10, 2021 in the bankruptcy, 6 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Upon the application (the “Application”)2 of the above-captioned debtors and debtors in possession (the “Debtors”) for the entry of an order (this “Order”) authorizing and approving the retention and employment of Ernst & Young LLP (“EY LLP”) as tax services provider, in accordance with the terms and conditions of the Engagement Letters, effective as of April 6, 2021; and upon consideration of the Declaration of Stephen Surgit in Support of the Debtors’ Application to Employ and Retain Ernst & Young LLP as Tax Services Provider Effective as of April 6, 2021filed with the Court on April 22, 2021 and the Supplemental Declaration of Stephen Surgit in Support of the Debtors’ Application to Employ and Retain Ernst & Young LLP as Tax Services 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).In the event that EY LLP seeks reimbursement from the Debtors for attorneys’ fees and expenses pursuant to the Engagement Letters, the invoices and supporting time records for the attorneys’ fees and expenses shall be included in EY LLP’s own applications for compensation, and such invoices and time records shall be in compliance with the Local Rules and shall be subject to the Guidelines for Reviewing Applications for Compensation and Reimbursement of Expenses Filed Under 11 U.S.C. § 330 (the “U.S. Trustee Guidelines”) and the approval of the Court pursuant to sections 330 and 331 of the Bankruptcy Code, but without regard to whether such attorneys have been retained under section 327 of the Bankruptcy Code, and without regard to whether such attorneys’ services satisfy section 330(a)(3)(C) of the Bankruptcy Code.The Debtors shall have no obligation to indemnify EY LLP, or provide contribution or reimbursement to EY LLP, for any claim or expense to the extent it is either: (i) judicially determined (the determination having become final and no longer subject to appeal) to have arisen from EY LLP’s gross negligence, willful misconduct or bad faith; (ii) for a contractual dispute in which the Debtors allege breach of EY LLP’s contractual oblig

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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) ----------------------------------------------------------x Re: Docket Nos. 610, 611, 663 & 664 ORDER AUTHORIZING AND APPROVING DEBTORS’ APPLICATION TO EMPLOY AND RETAIN ERNST & YOUNG LLP AS TAX SERVICES PROVIDER EFFECTIVE AS OF APRIL 6, 2021 Upon the application (the “Application”)2 of the above-captioned debtors and debtors in possession (the “Debtors”) for the entry of an order (this “Order”) authorizing and approving the retention and employment of Ernst & Young LLP (“EY LLP”) as tax services provider, in accordance with the terms and conditions of the Engagement Letters, effective as of April 6, 2021; and upon consideration of the Declaration of Stephen Surgit in Support of the Debtors’ Application to Employ and Retain Ernst & Young LLP as Tax Services Provider Effective as of April 6, 2021filed with the Court on April 22, 2021 and the Supplemental Declaration of Stephen Surgit in Support of the Debtors’ Application to Employ and Retain Ernst & Young LLP as Tax Services 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). 2 Capitalized terms used but not defined herein have the meanings set forth in the Application.

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Provider Effective as of April 6, 2021 [Docket No. 663] filed with the Court on May 10, 2021; and the Court having jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334; and this matter being a core proceeding within the meaning of 28 U.S.C. § 157(b)(2); and venue of this proceeding and the Application in this District being proper pursuant to 28 U.S.C. §§ 1408 and 1409; and appropriate notice of and opportunity for a hearing on the Application having been given; and the Court having found that (i) EY LLP does not hold or represent an interest adverse to the Debtors’ estates and (ii) EY LLP is a “disinterested person” as defined in section 101(14) of the Bankruptcy Code and as required by section 327(a) of the Bankruptcy Code; and the Court having determined that the legal and factual bases set forth in the Application establish just cause for the relief granted herein; and after due deliberation and sufficient cause appearing therefor, it is hereby ORDERED THAT: 1. The Application is granted as set forth herein. 2. The Debtors are authorized to employ and retain EY LLP as their tax services provider during these chapter 11 cases, effective as of April 6, 2021, pursuant to sections 327(a) and 328(a) of the Bankruptcy Code, Bankruptcy Rules 2014 and 2016, and Local Rule 2014–1, in accordance with and on the terms and conditions set forth in the Engagement Letters. 3. Consistent with, and subject to, the terms of the Engagement Letters and this Order, EY LLP shall be authorized to perform the Services provided for in the Engagement Letters. 4. To the extent the Debtors and EY LLP enter into any supplemental agreements, engagement letters, or statements of work for tax services for additional tax years, the Debtors shall file a notice of any such supplemental agreements, engagement letters, or statements of work with the Court and serve the same upon the parties served with notice of the Application. Absent any objection filed within fourteen (14) days after the filing and service of any such supplemental

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agreement, engagement letter, or statement of work, EY LLP shall be deemed authorized and approved to provide and be compensated for such additional tax services pursuant to this Order and the terms of such supplemental agreement, engagement letter or statement of work. To the extent any such parties object to such proposed supplemental agreement, engagement letter or statement of work, the Debtors will promptly schedule a hearing before the Court within ten days of receipt of any such objection or as soon thereafter as is practicable. All additional tax services shall be subject to the provisions of this Order. 5. EY LLP shall file monthly, interim, and final fee applications for allowance of its compensation and reimbursement of its expenses with respect to services rendered in these chapter 11 cases with this Court, in accordance with sections 330 and 331 of the Bankruptcy Code, the Bankruptcy Rules, the Local Rules, and any interim or final compensation procedures established by order of the Court. In the event that EY LLP seeks reimbursement from the Debtors for attorneys’ fees and expenses pursuant to the Engagement Letters, the invoices and supporting time records for the attorneys’ fees and expenses shall be included in EY LLP’s own applications for compensation, and such invoices and time records shall be in compliance with the Local Rules and shall be subject to the Guidelines for Reviewing Applications for Compensation and Reimbursement of Expenses Filed Under 11 U.S.C. § 330 (the “U.S. Trustee Guidelines”) and the approval of the Court pursuant to sections 330 and 331 of the Bankruptcy Code, but without regard to whether such attorneys have been retained under section 327 of the Bankruptcy Code, and without regard to whether such attorneys’ services satisfy section 330(a)(3)(C) of the Bankruptcy Code. EY LLP shall not seek reimbursement of any attorneys’ fees or costs arising from the prosecution or defense of any of EY LLP’s applications for allowance of compensation and reimbursement of expenses.

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6. The indemnification provisions set forth in the Engagement Letters are approved during the pendency of these chapter 11 cases, subject to the following: a. EY LLP shall not be entitled to indemnification, contribution or reimbursement pursuant to the Engagement Letters for services, unless such services and the indemnification, contribution or reimbursement therefore are approved by this Court. b. The Debtors shall have no obligation to indemnify EY LLP, or provide contribution or reimbursement to EY LLP, for any claim or expense to the extent it is either: (i) judicially determined (the determination having become final and no longer subject to appeal) to have arisen from EY LLP’s gross negligence, willful misconduct or bad faith; (ii) for a contractual dispute in which the Debtors allege breach of EY LLP’s contractual obligations, unless this Court determines that indemnification, contribution or reimbursement would be permissible pursuant to In re United Artists Theatre Company, 315 F.3d 217 (3d Cir. 2003); or (iii) settled prior to a judicial determination as to the exclusions set forth in clauses (i) and (ii) above, but determined by this Court, after notice and a hearing pursuant to subparagraph (c) hereof to be a claim or expense for which EY LLP should not receive indemnity, contribution or reimbursement under the terms of the Engagement Letters, as modified by this Order. c. If, before the earlier of (i) the entry of an order confirming a chapter 11 plan in the chapter 11 cases (that order having become a final order no longer subject to appeal) and (ii) the entry of an order closing the chapter 11 cases, EY LLP believes that it is entitled to the payment of any amounts by the Debtors on account of the Debtors’ indemnification, contribution and/or reimbursement obligations under the Engagement Letters (as modified by this Order), including without limitation, the advancement of defense costs, EY LLP must file an application therefor in this Court, and the Debtors may not pay any such amounts to EY LLP before the entry of an order by this Court approving the payment. This subparagraph (c) is intended only to specify the period of time under which this Court shall have jurisdiction over any request for fees and expenses by EY LLP for indemnification, contribution and/or reimbursement, and not a provision limiting the duration of the Debtors’ obligation to indemnify, or make contributions or reimbursements to, EY LLP. All parties in interest shall retain the right to object to any demand by EY LLP for indemnification, contribution and/or reimbursement. 7. Paragraphs 16, 17, 18, and 19 of the General Terms and Conditions of the Engagement Letters shall not apply during the chapter 11 cases.

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8. Notwithstanding anything in the Application to the contrary, to the extent that EY LLP uses the services of independent contractors or subcontractors (collectively, “Contractors”) in these cases, EY LLP shall (i) pass through the cost of such Contractors to the Debtors at the same rate that EY LLP pays the Contractors; and (ii) seek reimbursement for actual costs of the Contractors only. Contractors from whom EY LLP seeks to pass through hourly-based fees or costs to the Debtors shall be subject to the same conflict checks as required for EY LLP, and such Contractors shall file with the Court such disclosures as required by Bankruptcy Rule 2014. 9. EY LLP shall provide reasonable notice to the Debtors, the U.S. Trustee, the Creditors’ Committee, and any other statutory committee appointed in these chapter 11 cases in connection with any increase of the hourly rates listed in the Engagement Letters. 10. EY LLP shall use its reasonable best efforts to avoid any duplication of services provided by any of the Debtors’ other retained professionals. 11. To the extent the Application is inconsistent with this Order, the terms of this Order shall govern. 12. The terms of this Order shall be immediately effective and enforceable upon its entry. 13. The Debtors are authorized to take all actions necessary to effectuate the relief granted pursuant to this Order in accordance with the Application.

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14. This Court shall retain jurisdiction to hear and determine all matters arising from or related to the implementation, interpretation, or enforcement of this Order. Dated: May 11th, 2021 CHRISTOPHER S. SONTCHI Wilmington, Delaware UNITED STATES BANKRUPTCY JUDGE

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