Sie sind auf Seite 1von 11

10-13800-scc

Doc 2190

Filed 10/27/11 Entered 10/27/11 19:06:20 Pg 1 of 11

Main Document

James H.M. Sprayregen, P.C. Paul M. Basta Stephen E. Hessler Brian S. Lennon KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, New York 10022-4611 Telephone: (212) 446-4800 Facsimile: (212) 446-4900 and Anup Sathy, P.C. KIRKLAND & ELLIS LLP 300 North LaSalle Chicago, Illinois 60654-3406 Telephone: (312) 862-2000 Facsimile: (312) 862-2200 Counsel to the Debtors and Debtors in Possession UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: INNKEEPERS USA TRUST, et al.,1 Debtors. ) ) ) ) ) ) ) Chapter 11 Case No. 10-13800 (SCC) Jointly Administered

NOTICE OF ENTRY OF CONFIRMATION ORDER AND OCCURRENCE OF EFFECTIVE DATE OF (I) THE FIXED/FLOATING PLAN OF REORGANIZATION AND (II) THE CHAPTER 11 PLAN FOR CERTAIN OF THE REMAINING DEBTORS1 TO ALL CREDITORS, EQUITY INTEREST HOLDERS, AND PARTIES IN INTEREST:

The list of Debtors in these Chapter 11 Cases along with the last four digits of each Debtors federal tax identification number can be found by visiting the Debtors restructuring website at www.omnimgt.com/innkeepers or by contacting Omni Management Group, LLC at Innkeepers USA Trust c/o Omni Management Group, LLC, 16161 Ventura Boulevard, Suite C, PMB 606, Encino, California 91436. The location of the Debtors corporate headquarters and the service address for their affiliates is: c/o Innkeepers USA, 340 Royal Poinciana Way, Suite 306, Palm Beach, Florida 33480.

K&E 19483997

10-13800-scc

Doc 2190

Filed 10/27/11 Entered 10/27/11 19:06:20 Pg 2 of 11

Main Document

PLEASE TAKE NOTICE that an order [Docket No. 1804] (the Confirmation Order) confirming the Debtors Plans of Reorganization Pursuant to Chapter 11 of the Bankruptcy Code, dated June 29, 2011 [Docket No. 1799] (the Plan), was entered by the Honorable Shelley C. Chapman, United States Bankruptcy Judge, and docketed by the Clerk of the United States Bankruptcy Court for the Southern District of New York (the Court).2 PLEASE TAKE FURTHER NOTICE that on October 21, 2011, the Court entered the Order (I) Authorizing Fixed/Floating Debtors to Enter Into Second Amended Commitment Letter, (II) Approving (A) Modifications to Fixed/Floating Plan and Confirmation Order and (B) Amended New HoldCo/Midland Commitment, (III) Authorizing Fixed/Floating Debtors to Settle Adversary Proceeding Upon Consummation of Modified Fixed/Floating Plan [Docket No. 2181] (the Modification Order) approving certain modifications to the Plan (as modified, the Modified Plan) and the Confirmation Order. Unless otherwise defined in this notice,

capitalized terms used in this notice shall have the meanings ascribed to them in the Modified Plan and the Confirmation Order (as modified by the Modification Order), as applicable. PLEASE TAKE FURTHER NOTICE that, pursuant to the satisfaction or waiver of the conditions set forth in Article IX.D of the Modified Plan, on October 27, 2011, all of the Debtors under the Fixed/Floating Plan, which are identified on Exhibit A attached hereto (the Effective Date Fixed/Floating Debtors), emerged from their court-supervised restructuring, and the Fixed/Floating Plan with respect to the Effective Date Fixed/Floating Debtors became effective. PLEASE TAKE FURTHER NOTICE that, pursuant to the satisfaction or waiver of the conditions set forth in Article IX.D of the Modified Plan, on October 27, 2011, certain of the
2

All capitalized terms used but otherwise not defined herein shall have the meanings set forth in the Modified Plan.

10-13800-scc

Doc 2190

Filed 10/27/11 Entered 10/27/11 19:06:20 Pg 3 of 11

Main Document

Remaining Debtors under the Remaining Debtor Plan, which are identified on Exhibit B attached hereto (the October Effective Date Remaining Debtors), emerged from their court-supervised restructuring, and the Remaining Debtor Plan with respect to the October Effective Date Remaining Debtors became effective. As a result of the Remaining Debtor Plan becoming effective with respect to the October Effective Date Remaining Debtors, the Remaining Debtor Plan is effective with respect to all of the Remaining Debtors.3 PLEASE TAKE FURTHER NOTICE that the Confirmation Order, as modified by the Modification Order, and the Modified Plan establish certain deadlines by which Holders of Claims must take certain actions, including an Administrative Claims Bar Date of November 28, 2011, with respect to the Effective Date Fixed/Floating Debtors and the October Effective Date Remaining Debtors. Holders of Administrative Claims that are required to File and serve a request for payment of such Administrative Claims by the Administrative Bar Date that do not File and serve such a request by the Administrative Claims Bar Date shall be forever barred, estopped, and enjoined from asserting such Administrative Claims against the Effective Date Fixed/Floating Debtors, the October Effective Date Remaining Debtors, the property of the Effective Date Fixed/Floating Debtors, or the property of the October Effective Date Remaining Debtors and such Administrative Claims shall be deemed discharged as of the Effective Date (i.e., October 27, 2011). PLEASE TAKE FURTHER NOTICE that objections to such requests must be Filed and served on the requesting party by the later of (a) 180 days after the Effective Date (i.e., 180
3

As set forth in the Notice of Occurrence of Effective Date of the Chapter 11 Plan for Certain of the Remaining Debtors Under Chapter 11 of the Bankruptcy Code [Docket No. 1911], on July 15, 2011, the Remaining Debtor Plan became effective with respect to the following Remaining Debtors: Grand Prix Term Lessee, LLC; Grand Prix General Lessee LLC; Grand Prix RIGG Lessee LLC; Grand Prix RIMV Lessee, LLC; KPA RIGG, LLC; KPA RIMV, LLC; KPA San Antonio, LLC; KPA Tysons Corner RI, LLC; and KPA Washington DC, LLC.

10-13800-scc

Doc 2190

Filed 10/27/11 Entered 10/27/11 19:06:20 Pg 4 of 11

Main Document

days after October 27, 2011) and (b) 180 days after the Filing of the applicable request for payment of Administrative Claims, if applicable. PLEASE TAKE FURTHER NOTICE that any objection by a counterparty to an Executory Contract or Unexpired Lease to a proposed assumption and assignment or related Cure Obligations, with respect to the Effective Date Fixed/Floating Debtors or the October Effective Date Remaining Debtors, must be Filed, served, and actually received by the Debtors by November 26, 2011. Any counterparty to an Executory Contract and Unexpired Lease that fails to object by November 26, 2011, to the proposed assumption and assignment of such Executory Contract or Unexpired Lease or such Cure Obligations, with respect to the Effective Date Fixed/Floating Debtors or October Effective Date Remaining Debtors, will be deemed to have assented to such matters and shall be forever barred, estopped, and enjoined from asserting such objection against the Debtors. PLEASE TAKE FURTHER NOTICE that any Proofs of Claim based on the rejection of the Debtors Executory Contracts or Unexpired Leases, with respect to the Effective Date Fixed/Floating Debtors or the October Effective Date Remaining Debtors, pursuant to the Modified Plan or otherwise, must be Filed with the Notice and Claims Agent no later than the later of (a) 30 days after the effective date of rejection of such Executory Contract or Unexpired Lease and (b) November 26, 2011. Any Claims arising from the rejection of an Executory Contract or Unexpired Lease, with respect to the Effective Date Fixed/Floating Debtors or the October Effective Date Remaining Debtors, for which Proofs of Claims are not Filed by such date shall not participate in any distribution in the Chapter 11 Cases on account of such Claim, and such Claim shall be deemed fully satisfied, released, settled, and compromised, and be

10-13800-scc

Doc 2190

Filed 10/27/11 Entered 10/27/11 19:06:20 Pg 5 of 11

Main Document

subject to the permanent injunction set forth in Article VIII.I of the Modified Plan, notwithstanding anything in the Schedules or a Proof of Claim to the contrary. PLEASE TAKE FURTHER NOTICE that copies of the Confirmation Order, the Modification Order, the Modified Plan, and the related documents, are available at the website of the Debtors Notice and Claims Agent, Omni Management Group, LLC (Omni) at http://www.omnimgt.com/innkeepers or for a fee on the Courts website at

www.nysb.uscourt.gov. To access documents on the Courts website, you will need a PACER password and login, which can be obtained at http://www.pacer/psc/uscourt.gov. PLEASE TAKE FURTHER NOTICE that the Modified Plan and its provisions are binding on the Debtors, any Holder of a Claim against, or Interest in, the Debtors and such holders respective successors and assigns, whether or not such holder or entity voted to accept the Plan.

10-13800-scc

Doc 2190

Filed 10/27/11 Entered 10/27/11 19:06:20 Pg 6 of 11

Main Document

New York, New York Dated: October 27, 2011

/s/ Brian S. Lennon James H.M. Sprayregen, P.C. Paul M. Basta Stephen E. Hessler Brian S. Lennon KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, New York 10022-4611 Telephone: (212) 446-4800 Facsimile: (212) 446-4900 and Anup Sathy, P.C. KIRKLAND & ELLIS LLP 300 North LaSalle Chicago, Illinois 60654-3406 Telephone: (312) 862-2000 Facsimile: (312) 862-2200 Counsel to the Debtors and Debtors in Possession

10-13800-scc

Doc 2190

Filed 10/27/11 Entered 10/27/11 19:06:20 Pg 7 of 11

Main Document

Exhibit A

Entities GP AC Sublessee LLC Grand Prix Addison (RI) LLC Grand Prix Addison (SS) LLC Grand Prix Albany LLC Grand Prix Altamonte LLC Grand Prix Arlington LLC Grand Prix Atlanta (Peachtree Corners) LLC Grand Prix Atlanta LLC Grand Prix Atlantic City LLC Grand Prix Bellevue LLC Grand Prix Belmont LLC Grand Prix Binghamton LLC Grand Prix Bothell LLC Grand Prix Bulfinch LLC Grand Prix Campbell / San Jose LLC Grand Prix Cherry Hill LLC Grand Prix Chicago LLC Grand Prix Columbia LLC

Case No. 10-13801 10-13803 10-13804 10-13805 10-13806 10-13808 10-13809 10-13810 10-13811 10-13812 10-13813 10-13814 10-13815 10-13816 10-13817 10-13818 10-13819 10-13820

Effective Date 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011

10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011

10-13800-scc

Doc 2190

Filed 10/27/11 Entered 10/27/11 19:06:20 Pg 8 of 11

Main Document

Grand Prix Denver LLC Grand Prix East Lansing LLC Grand Prix El Sengundo LLC Grand Prix Englewood / Denver South LLC Grand Prix Fixed Lessee LLC Grand Prix Floating Lessee LLC Grand Prix Fremont LLC Grand Prix Ft. Lauderdale LLC Grand Prix Ft. Wayne LLC Grand Prix Gaithersburg LLC Grand Prix Germantown LLC Grand Prix Grand Rapids LLC Grand Prix Harrisburg LLC Grand Prix Horsham LLC Grand Prix Indianapolis LLC Grand Prix Islandia LLC Grand Prix Las Colinas LLC Grand Prix Lexington LLC Grand Prix Livonia LLC Grand Prix Lombard LLC Grand Prix Louisville (RI) LLC

10-13821 10-13822 10-13823 10-13824 10-13825 10-13826 10-13827 10-13828 10-13829 10-13830 10-13832 10-13833 10-13834 10-13835 10-13838 10-13839 10-13840 10-13841 10-13843 10-13844 10-13845

10/27/2011 10/27/2011 10/27/2011 10/27/2011

10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011

10-13800-scc

Doc 2190

Filed 10/27/11 Entered 10/27/11 19:06:20 Pg 9 of 11

Main Document

Grand Prix Lynnwood LLC Grand Prix Mezz Borrower Fixed, LLC Grand Prix Mezz Borrower Floating, LLC Grand Prix Mezz Borrower Floating 2, LLC Grand Prix Montvale LLC Grand Prix Morristown LLC Grand Prix Mountain View LLC Grand Prix Mt. Laurel LLC Grand Prix Naples LLC Grand Prix Ontario LLC Grand Prix Portland LLC Grand Prix Richmond (Northwest) LLC Grand Prix Richmond LLC Grand Prix Rockville LLC Grand Prix Saddle River LLC Grand Prix San Jose LLC Grand Prix San Mateo LLC Grand Prix Schaumburg LLC Grand Prix Shelton LLC Grand Prix Sili I LLC

10-13846 10-13847 10-13798

10/27/2011 10/27/2011 10/27/2011

10-13796 10-13849 10-13850 10-13851 10-13852 10-13853 10-13855 10-13856 10-13857 10-13858 10-13862 10-13864 10-13865 10-13866 10-13867 10-13868 10-13869

10/27/2011

10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011

10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011

10-13800-scc

Doc 2190

Filed 10/27/11 Entered 10/27/11 19:06:20 Pg 10 of 11

Main Document

Grand Prix Sili II LLC Grand Prix Troy (Central) LLC Grand Prix Troy (SE) LLC Grand Prix Tukwila LLC Grand Prix West Palm Beach LLC Grand Prix Westchester LLC Grand Prix Willow Grove LLC Grand Prix Windsor LLC Grand Prix Woburn LLC KPA/GP Fort Walton, LLC KPA/GP Louisville (HI) LLC KPA/GP Valencia LLC

10-13870 10-13871 10-13872 10-13874 10-13875 10-13876 10-13877 10-13878 10-13879 10-13890 10-13892 10-13893

10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011

10-13800-scc

Doc 2190

Filed 10/27/11 Entered 10/27/11 19:06:20 Pg 11 of 11

Main Document

Exhibit B

Entities Grand Prix Holdings LLC Innkeepers USA Limited Partnership Innkeepers USA Trust Grand Prix IHM, Inc. Innkeepers Financial Corporation KPA Leaseco Holding, Inc. KPA Leaseco, Inc.

Case No. 10-13793 10-13794 10-13800 10-13837 10-13880 10-13883 10-13884

Effective Date 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011 10/27/2011

Das könnte Ihnen auch gefallen