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Full title: Declaration of Jamie P. Dreher in Support of Scott's Sacramento, Inc.'s Motion for Clarification (related document(s)883) Filed by Scott's Sacramento, Inc.. (Mersky, Rachel) (Entered: 06/27/2021)

Document posted on Jun 26, 2021 in the bankruptcy, 2 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

On June 21, 2021, I sent a letter to counsel for Madison Phoenix, LLC (“Buyer”) in response to Buyer’s letter dated June 14, 2021 wherein Buyer demanded that Scott’s vacate the premises (“Premises”) located at the Westin Sacramento hotel property located at 4800 Riverside Blvd., Sacramento, CA 95822(“WS Hotel”) which Scott’s leases pursuant to that certain lease dated September 10, 2002 (as amended, “Lease”) following Buyer’s purchase of the 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.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).During this conversation, Buyer’s counsel confirmed Buyer’s position that the close of the sale of WS Hotel would be free and clear of all interests, included Scott’s possessory interests in the Premises.

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re Chapter 11 EHT US1, Inc. et al., Case No. 21-10036 (CSS) Debtors.1 (Jointly Administered) DECLARATION OF JAMIE P. DREHER IN SUPPORT OF SCOTT’S SACRAMENTO INC.’S MOTION FOR CLARIFICATION I, Jamie P. Dreher, pursuant to 28 U.S.C. § 1746, hereby declare that the following is true and correct to the best of my knowledge, information, and belief: 1. I am over the age of 18 and competent to testify. 2. I am a Partner with the law firm of Downey Brand LLP (“Downey Brand”), California counsel for Scott’s Sacramento Inc. (“Scott’s”). I am duly licensed to practice law in California and Nevada. I have personal knowledge of the facts stated in this declaration and, if sworn as a witness, could and would competently testify thereto. 3. On June 21, 2021, I sent a letter to counsel for Madison Phoenix, LLC (“Buyer”) in response to Buyer’s letter dated June 14, 2021 wherein Buyer demanded that Scott’s vacate the premises (“Premises”) located at the Westin Sacramento hotel property located at 4800 Riverside Blvd., Sacramento, CA 95822 (“WS Hotel”) which Scott’s leases pursuant to that certain lease dated September 10, 2002 (as amended, “Lease”) following Buyer’s purchase of the 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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WS Hotel pursuant to a sale approved by the Bankruptcy Court in the above captioned case scheduled for June 24, 2021. My July 21, 2021 letter is included in Scott’s Motion for Clarification as Exhibit “C” My letter advised that Scott’s did not intend to vacate the Premises in accordance with Buyer’s demand. 4. On June 22, 2021, I communicated with counsel for Buyer via telephone. During this conversation, Buyer’s counsel confirmed Buyer’s position that the close of the sale of WS Hotel would be free and clear of all interests, included Scott’s possessory interests in the Premises. 5. Scott’s files the instant Motion for Clarification to clarify that the sale of the WS Hotel to Buyer is not free and clear of Scott’s possessory interests in the Premises and right to quiet enjoyment therein. Scott’s files this Motion to preserve its rights to enforce the covenants of the Lease according to its terms. DATED: June 27, 2021 Sacramento, CA By: /s/ Jamie P. Dreher Jamie P. Dreher Attorney Downey Brand LLP

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