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Full title: Response of the Official Committee of Unsecured Creditors to Motion of Potter Anderson & Corroon LLP for Leave to Withdraw as Counsel to Urban Commons, LLC, its Affiliated Entities, Constellation Hospitality Group, LLC, Howard Wu and Taylor Woods (related document(s)910) Filed by Official Committee of Unsecured Creditors (Attachments: # 1 Certificate of Service) (Monzo, Eric) (Entered: 08/03/2021)

Document posted on Aug 2, 2021 in the bankruptcy, 4 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

The Official Committee of Unsecured Creditors (the “Committee”) of the debtors and debtors-in-possession (collectively, the “Debtors” or the “Company”) in the above-captioned chapter 11 cases (the “Chapter 11 Cases”) hereby submits the following statement in response (this “Statement”) to the Motion of Potter Anderson & Corroon LLP for Leave to Withdraw as Counsel to Urban Commons, LLC, its Affiliated Entities, Constellation Hospitality Group, LLC, Howard Wu and Taylor WoodsIn support of this Statement, the Committee respectfully represents as follows: 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 (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).Nonetheless, there is still more work to be done in these cases, including continuing the investigation into the conduct of certain parties, including but not limited to Urban Commons, LLC, its Affiliated Entities, Constellation Hospitality Group, LLC, Howard Wu and Taylor Woods (the “Represented Parties”).

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11 EHT US1, INC., et al., 1 Case No. 21-10036 (CSS) Debtors. (Jointly Administered) Re: Docket No. 910 Hearing Date: Aug. 12, 2021 at 11:00 a.m. (ET) RESPONSE OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS TO MOTION OF POTTER ANDERSON & CORROON LLP FOR LEAVE TO WITHDRAW AS COUNSEL TO URBAN COMMONS, LLC, ITS AFFILIATED ENTITIES, CONSTELLATION HOSPITALITY GROUP, LLC, HOWARD WU AND TAYLOR WOODS The Official Committee of Unsecured Creditors (the “Committee”) of the debtors and debtors-in-possession (collectively, the “Debtors” or the “Company”) in the above-captioned chapter 11 cases (the “Chapter 11 Cases”) hereby submits the following statement in response (this “Statement”) to the Motion of Potter Anderson & Corroon LLP for Leave to Withdraw as Counsel to Urban Commons, LLC, its Affiliated Entities, Constellation Hospitality Group, LLC, Howard Wu and Taylor Woods [Dkt. No. 910] (the “Motion”).2 In support of this Statement, the Committee respectfully represents as follows: 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). 2 Capitalized terms used and not defined herein shall have the meaning ascribed to them in the Motion.

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RESPONSE 1. Since the Petition Date, the Committee has worked with the Debtors and other stakeholders, including the agent for the prepetition lenders, on numerous matters affecting these estates and general unsecured creditors, including the marketing and auction of the Debtors’ hotel assets. 2. Nonetheless, there is still more work to be done in these cases, including continuing the investigation into the conduct of certain parties, including but not limited to Urban Commons, LLC, its Affiliated Entities, Constellation Hospitality Group, LLC, Howard Wu and Taylor Woods (the “Represented Parties”). Throughout these cases, the Represented Parties have been represented by Potter Anderson & Corroon LLP (“PAC”). 3. In this regard, the Committee is in the midst of investigating certain estate claims and other matters in accordance with its fiduciary duties. The Committee has been working cooperatively with the Debtors and PAC, as counsel to the Represented Parties, on obtaining various documents and other information. In addition to reviewing the documents produced as part of the pending Bankruptcy Rule 2004 discovery initiated by the Debtors, the Committee filed its own motion under Rule 2004 and Local Bankruptcy Rule 2004-1 directed at certain parties, including the Represented Parties (the “Committee 2004 Motion”). The Committee 2004 Motion remains pending before the Court as the parties address certain matters relating to, among other things, the Chapter 7 case of Urban Commons LLC. 4. The Committee certainly appreciates the difficult position that PAC is in – it has not been paid in full for the legal services it has provided. PAC, however, has been the Committee’s only point of contact with regard to obtaining information from the Represented Parties. PAC has advised that it has collected documents, including documents responsive to the 2

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requests in the Committee 2004 Motion. The Represented Parties have not indicated whether any substitution counsel will appear in the Chapter 11 Cases.3 The Committee understands, moreover, that the PAC’s clients have not yet furnished the Urban Commons Chapter 7 Trustee with the materials that PAC has collected for production in these cases, including from server and cloud data sources (the “Collected Data”). 5. Based on recent conversations with PAC, the Committee’s understanding is that certain documents collected from the Represented Parties are being hosted by the Represented Parties’ discovery vendor (the “Vendor”) in a document database (the “Database”). It is also the Committee’s understanding that all Collected Data is being provided to PAC by the Vendor. 6. The Committee’s concern with PAC’s withdrawal lies with who will take over possession of and preserve the Database and the ability of new counsel (if any) or PAC’s client directly to comply with Court-ordered discovery. PAC’s withdrawal should be conditioned upon the proper safekeeping of the documents collected by PAC so that the Committee may receive timely responses to the requests giving rise to the 2004 Motion or otherwise discovery that may be needed so that the Committee may investigate claims, including claims against the Represented Parties. The Committee 2004 Motion seeks various documents that the Committee believes do not require extensive review prior to production, including bank records, income statements, and transaction ledgers. PAC should produce any such documents prior to being relieved as counsel to the Represented Parties. 7. The Committee and PAC (among other parties) are working through various issues relating to the Committee 2004 Motion. To the extent that these issues are not amicably resolved 3 Notably, the Represented Parties filed an opposition to the withdrawal request seeking more time to work out payment arrangements with PAC. [Dkt. No. 942]. 3

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prior to the continued hearing on the Committee 2004 Motion, the Committee reserves the right to request additional conditions to any withdrawal by PAC. WHEREFORE, the Committee respectfully requests that the Court deny the request in the Motion unless and until such time as the Committee and PAC can agree on a mutually agreeable resolution to protect the information currently within PAC’s possession, custody or control and such other relief as may be warranted. Dated: August 3, 2021 MORRIS JAMES LLP /s/ Eric J. Monzo Eric J. Monzo (DE Bar No. 5214) Brya M. Keilson (DE Bar No. 4643) 500 Delaware Avenue, Suite 1500 Wilmington, DE 19801 Telephone: (302) 888-6800 Facsimile: (302) 571-1750 E-mail: emonzo@morrisjames.com E-mail: bkeilson@morrisjames.com Counsel to the Official Committee of Unsecured Creditors 4

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