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Full title: Motion to Reject Lease or Executory Contract (Debtors' (I) Notice of Designated Contracts and (II) Motion, Pursuant to Bankruptcy Code Section 365(b), Seeking Entry of Order (A) Authorizing Debtors to Reject Non-Designated Contracts as of Date Specified Herein and (B) Granting Related Relief). Filed by EHT US1, Inc.. Hearing scheduled for 6/8/2021 at 10:00 AM at US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #6, Wilmington, Delaware. Objections due by 6/1/2021. (Attachments: # 1 Notice of Motion # 2 Exhibit A - Proposed Order # 3 Exhibit B - Non-Designated Contracts # 4 Exhibit C - Designated Contracts) (Dean, G.) (Entered: 05/25/2021)

Document posted on May 24, 2021 in the bankruptcy, 9 pages and 0 tables.

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The above-captioned debtors and debtors-in-possession (collectively, the “Debtors”), hereby submit this (i) notice (the “Notice”) of designation of certain contracts as contracts that will be assume din connection with the proposed sale of the assets of certain of the Debtors and (ii) motion (the “Motion”) seeking entry of an order, substantially in the form attached as Exhibit A hereto (the “Proposed Order”), pursuant to section 365(b) of title 11 of the United States Code (the “Bankruptcy Code”), authorizing (i) Urban Commons Danbury A, LLC, (ii) 5151 Wiley Post Way, Salt Lake City, LLC, (iii) UCF 1, LLC, (iv) Urban Commons Highway 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).Sky Harbor Atlanta Northeast, LLC (collectively, the “Rejecting Debtors”) to reject certain executory contracts listed in Exhibit B(collectively, the “Non-Designated Contracts”) effective as of the Closing Date (as defined herein).By this Motion, the Debtors request entry of the Proposed Order authorizing the Rejecting Debtors to reject the Non-Designated Contracts, effective as of the closing of the respective sales of the Rejecting Debtors’ assets as contemplated by the Bidding Procedures Order (the “Closing Date”).13 10 See Stalking Horse Agreement, § 2.5(b). 12 Although contracts between UCHIDH, LLC and Holualoa Stapleton Office, LLC are listed on the Cure Notice and do not appear on the schedule of Designated Contracts in Exhibit C, the Debtors have omitted such contracts from the schedule of Non-Designated Contracts in Exhibit B and are not, at this time, rejecting those contracts and reserve all rights accordingly.

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ---------------------------------------------------------------: Chapter 11 In re: : : Case No. 21-10036 (CSS) EHT US1, Inc., et al., : : (Jointly Administered) Debtors.1 : Hearing Date: June 8, 2021 at 10:00 a.m. (ET) : Obj. Deadline: June 1, 2021 at 4:00 p.m. (ET) -------------------------------------------------------------DEBTORS’ (I) NOTICE OF DESIGNATED CONTRACTS AND (II) MOTION, PURSUANT TO BANKRUPTCY CODE SECTION 365(b), SEEKING ENTRY OF ORDER (A) AUTHORIZING DEBTORS TO REJECT NON-DESIGNATED CONTRACTS AS OF DATE SPECIFIED HEREIN AND (B) GRANTING RELATED RELIEF The above-captioned debtors and debtors-in-possession (collectively, the “Debtors”), hereby submit this (i) notice (the “Notice”) of designation of certain contracts as contracts that will be assume din connection with the proposed sale of the assets of certain of the Debtors and (ii) motion (the “Motion”) seeking entry of an order, substantially in the form attached as Exhibit A hereto (the “Proposed Order”), pursuant to section 365(b) of title 11 of the United States Code (the “Bankruptcy Code”), authorizing (i) Urban Commons Danbury A, LLC, (ii) 5151 Wiley Post Way, Salt Lake City, LLC, (iii) UCF 1, LLC, (iv) Urban Commons Highway 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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111 A, LLC, (v) Urban Commons 4th Street A, LLC, (vi) Urban Commons Bayshore A, LLC, (vii) Urban Commons Anaheim HI, LLC, (viii) Urban Commons Cordova A, LLC, (ix) Urban Commons Riverside Blvd., A, LLC, (x) UCHIDH, LLC, (xi) UCRDH, LLC, (xii) Sky Harbor Denver Tech Center, LLC, (xiii) UCCONT1, LLC, and (xiv) Sky Harbor Atlanta Northeast, LLC (collectively, the “Rejecting Debtors”) to reject certain executory contracts listed in Exhibit B(collectively, the “Non-Designated Contracts”) effective as of the Closing Date (as defined herein). In support of the Motion, the Debtors respectfully state as follows: JURISDICTION, VENUE, AND STATUTORY BASES 1. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334. This matter is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2). In accordance with Rule 9013-1(f) of the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware (the “Local Rules”), the Debtors confirm their consent 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 in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409. 3. The statutory bases for the relief requested herein are sections 105(a) and 365(a) of the Bankruptcy Code and Rule 6006 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”). RELEVANT BACKGROUND 4. On January 18, 2021, each of the Debtors, other than Eagle Hospitality Real Estate Investment Trust (“EH-REIT”), filed voluntary petitions for relief under chapter 11 of the Bankruptcy Code. On January 27, 2021, EH-REIT filed a petition for voluntary relief under

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chapter 11 of the Bankruptcy Code. The Debtors are authorized to continue operating their businesses as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. 5. The Debtors’ chapter 11 cases are being jointly administered for procedural purposes only pursuant to Bankruptcy Rule 1015(b), Local Rule 1015-1, the Order Directing Joint Administration of Related Chapter 11 Cases [Docket No. 58], and the Order Granting Debtors Motion for Entry of Order (I) Directing Joint Administration of Related Chapter 11 Cases, and (II) Granting Related Relief [Docket No. 115]. 6. On February 4, 2021, the Office of the United States Trustee for Region 3 (the “U.S. Trustee”) appointed an official committee of unsecured creditors pursuant to section 1102 of the Bankruptcy Code (the “Creditors’ Committee”).2 No trustee has been appointed in these chapter 11 cases. 7. A detailed description of the Debtors and their business is 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] (the “First Day Declaration”), which is incorporated herein by reference. 8. On April 9, 2021, the Court entered the Order (I) Fixing Deadline for Filing Proofs of Claim and (II) Approving Form and Manner of Notice Thereof [Docket No. 560] (the “Bar Date Order”), establishing July 15, 2021 as the General Bar Date (as defined therein). 2 By notice dated February 18, 2021 the U.S. Trustee amended the membership of the Creditors’ Committee. See Docket No. 243.

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I. Sale Process, Auction, and Designated and Non-Designated Contracts 9. On March 24, 2021, the Court entered an order (the “Bidding Procedures Order”)3approving certain bidding procedures (the “Bidding Procedures”) for the sale of substantially all of the Debtors’ assets.4 The Bidding Procedures Order also approved the Debtors’ designation of Madison Phoenix LLC as the Stalking Horse Bidder pursuant to the terms agreed to with the Debtors in the form of an asset purchase agreement (the “Stalking Horse Agreement”) attached as Exhibit 4 to the Bidding Procedures Order. 10. Pursuant to the Bidding Procedures Order, the Debtors filed the Notice of Cure Costs and Potential Assumption and Assignment of Executory Contracts and Unexpired Leases in Connection with Sale Transaction on March 26, 2021,5 a supplemental notice on April 5, 2021,6 a second supplemental notice on May 5, 2021,7 and a third supplemental notice on May 12, 20218 (collectively, the “Cure Notices”), providing notice of executory contracts that are subject to assumption and assignment. 11. At the culmination of the marketing process approved by the Bidding Procedures Order, the Debtors received Qualified Bids for the following five Designated Hotels: (i) Double 3 See Docket No. 503. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Bidding Procedures Order. 4 A copy of the approved Bidding Procedures was attached as Exhibit 1 to the Bidding Procedures Order. 5 See Docket No. 521. 6 See Docket No. 552. 7 See Docket No. 648. 8 See Docket No. 682.

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Tree Salt Lake City; (ii) Embassy Suites Anaheim; (iii) Sheraton Denver Tech Center; (iv) Four Points San Jose; and (v) Hilton Atlanta (collectively, the “Auctioned Properties”).912. The Debtors received no Qualified Bids (whether as a standalone bid or as part of a portfolio offer) for the (i) Holiday Inn Resort Orlando Suites Waterpark, (ii) Holiday Inn Denver East Stapleton, (iii) Renaissance Denver Stapleton Hotel, (iv) Holiday Inn Hotel & Suites Anaheim Disneyland; (v) Holiday Inn & Suites San Mateo, (vi) Sheraton Pasadena Hotel, (vii) Crowne Plaza Danbury, (viii) Westin Sacramento, and (ix) Embassy Suites Palm Desert (collectively, the “Non-Auctioned Properties”). In compliance with the Bidding Procedures Order, the Stalking Horse Bidder is deemed the Successful Bidder for the Non-Auctioned Properties. 13. Pursuant to the Bidding Procedures Order, the Debtors held an auction on May 20, 2021 for the Auctioned Properties, with the following results:
Table 1 on page 5. Back to List of Tables
Designated Hotels Successful
Bidder
Back-Up Bidder
Sheraton Denver Tech Center Solid Rock
Ventures, LLC
Madison Phoenix
LLC
Four Points San Jose Airport BPEHT LLC Madison Phoenix
LLC
Embassy Suites Anaheim North Madison
Phoenix LLC
BPEHT LLC
Double Tree Salt Lake City Airport BPEHT LLC Madison Phoenix
LLC
Hilton Atlanta North FullG Capital
Ltd.
Madison Phoenix
LLC
9 See generally Debtors’ Notice of (I) Auction Results and Proposed Sale and (II) Provision of Adequate Assurance from Proposed Purchasers [Docket No. 734]

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14. Consistent with the Stalking Horse Agreement,10 the Successful Bidders and the Back-Up Bidders have each notified the Debtors of those executory contracts that it proposes for the Rejecting Debtors to assume and assign, effective as of the Closing Date. Those executory contracts designated by the Successful Bidders and the Back-Up Bidders for assumption and assignment (the “Designated Contracts”) are listed in Exhibit C hereto.11 The Non-Designated Contracts are those that (i) were listed in the Cure Notices, (ii) are executory contracts of the Rejecting Debtors, and (iii) are not Designated Contracts.12RELIEF REQUESTED 15. By this Motion, the Debtors request entry of the Proposed Order authorizing the Rejecting Debtors to reject the Non-Designated Contracts, effective as of the closing of the respective sales of the Rejecting Debtors’ assets as contemplated by the Bidding Procedures Order (the “Closing Date”).13 10 See Stalking Horse Agreement, § 2.5(b). 11 The contract between Debtor UCF1, LLC and WASH Multifamily Laundry System is currently listed as a Designated Contract on Exhibit C, as this contract has been designated by BPEHT LLC as the Back-Up Bidder for that property, but has not been listed by Madison Phoenix LLC, the Successful Bidder. This contract will become a Non-Designated Contract and will be rejected if Madison Phoenix LLC remains the Successful Bidder for this property. 12 Although contracts between UCHIDH, LLC and Holualoa Stapleton Office, LLC are listed on the Cure Notice and do not appear on the schedule of Designated Contracts in Exhibit C, the Debtors have omitted such contracts from the schedule of Non-Designated Contracts in Exhibit B and are not, at this time, rejecting those contracts and reserve all rights accordingly. Similarly, the Debtors have excluded from both Exhibit B and Exhibit C all unexpired leases of real property, including, specifically, the contracts between (i) UCCONT1, LLC and Spin Out Guest Laundry and (ii) Urban Commons Riverside Blvd., LLC and Scott’s Sacramento River, Inc., as the Debtors intend to file a separate motion specifically addressing unexpired leases of real property. 13 The Debtors reserve the right to reject any executory contract to which a Rejecting Debtor is a party and which is not listed as a Non-Designated Contract.

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BASIS FOR RELIEF REQUESTED I. Court Should Approve Rejection of the Non-Designated Contracts As Sound Exercise of Debtors’ Business Judgement 16. Section 365(a) of the Bankruptcy Code provides that, “subject to the court’s approval,” a debtor “may assume or reject any executory contract or unexpired lease.” As this Court has explained, “[c]ourts generally authorize debtors to assume or to reject executory contracts and unexpired leases where the debtors appropriately exercise their business judgment.” In re Extraction Oil & Gas, 622 B.R. 608, 614 (Bankr. D. Del. 2020) (internal citations omitted) (collecting cases). 17. The business judgment test requires only that the debtor demonstrate that either assumption or rejection of the executory contract or unexpired lease will benefit the debtor’s estate. SeeN.L.R.B. v. Bildisco (In re Bildisco), 682 F.2d 72, 79 (3rd Cir. 1982) (“usual test for rejection of an executory contract is simply whether rejection would benefit the estate”) aff’d, 465 U.S. 513. Accordingly, “[c]ourts generally will not second-guess a debtor’s business judgment concerning the rejection of an executory contract or unexpired lease,” and a debtor’s decision in this regard “must be summarily affirmed unless it is the product of ‘bad faith, or whim or caprice.’” In re Extraction Oil & Gas, 622 B.R. at 615. 18. Rejection of the Non-Designated Contracts is a sound exercise of the Debtors’ business judgment. Because the Rejecting Debtors are selling their assets, the Non-Designated Contracts, which are contracts for goods and services the Rejecting Debtors will no longer need after the Closing Date, will be of no further benefit to the Rejecting Debtors. More importantly, and as described above, the Court has approved the form of Stalking Horse Agreement, which allows the Stalking Horse Bidder to designate which of the Rejecting Debtors’ executory contracts it wants the Rejecting Debtors to assume and assign. The purchase agreements

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executed by the other Successful Bidders (and Back-Up Bidders) included substantially similar assumption and assignment rights as the Stalking Horse Agreement. 19. For these reasons, on the Closing Date the Non-Designated Contracts will no longer be a source of value for, and their rejection will benefit, the Rejecting Debtors and their estates. RESERVATION OF RIGHTS 20. Nothing in this Motion is intended or shall be construed as (i) an admission as to the validity or amount of any claim against the Debtors; (ii) a waiver of the Debtors’ rights to dispute the amount of, basis for, or validity of any claim against the Debtors; (iii) a waiver of any claims or causes of action which may exist against any creditor or interest holder, or (iv) an assumption or rejection of any agreement, contract, or lease under section 365 of the Bankruptcy Code (other than the Non-Designated Contracts). The Debtors expressly reserve their rights to contest any claims related to the Non-Designated Contracts, and to assert any claims thereunder. NOTICE 21. The Debtors will provide notice of this Motion to: (a) the U.S. Trustee; (b) counsel to the Creditors’ Committee; (c) counterparties to the Designated Contracts and the Non-Designated Contracts; and (d) all parties entitled to notice pursuant to Local Rules 2002-1(b). The Debtors submit that, in light of the nature of the relief requested, no other or further notice need be given. NO PRIOR REQUEST 22. No previous request for the relief sought herein has been made by the Debtors to this Court or any other court.

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WHEREFORE, the Debtors respectfully request entry of the Proposed Order, substantially in the form attached hereto, granting the relief requested herein and such other relief as is just and proper. Dated: May 25, 2021 Wilmington, Delaware COLE SCHOTZ P.C. /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, Esq. (admitted pro hac vice) G. Alexander Bongartz, Esq. (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 to Debtors and Debtors in Possession

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