10000005244
10000005244
10000005244
I, the undersigned, am over the age of eighteen and an employee of Omni Management Group, I do
hereby certify:
That I, in performance of my duties served a copy of the Notice of Transferred Claim by depositing
it in the United States mail at Encino, California, on the date shown below, in a sealed envelope
with postage thereon fully prepaid, addressed as set forth below.
Date: By:
Nam_e_: ___
Transferor: PRINOVA
ATTN:DOUGLASE.MECKEL
P.O. BOX 1089
SAN JOSE, CA 95108-1089
Transferee: SIERRA LIQUIDITY FUND, LLC
RE: PRINOVA
2699 WHITE ROAD, SUITE 255
IRVINE, CA 92614
Transferee: SIERRA LIQUIDITY FUND, LLC
RE: PRINOVA
ATTN: SCOTT AUGUST
2699 WHITE ROAD, SUITE 255
IRVINE. CA 92614
Addressee: PRINOVA
ATTN:DOUGLASE.MECKEL
P.O. BOX 1089
SAN JOSE, CA 95108-1089
Omni Management Group, LLC
Claims Agent For Grand Prix Fixed Lessee LLC
16161 Ventura Blvd., Suite C, PMB #606- Encino, CA 91436
Telephone (818) 906-8300 - Facsimile (818) 783-2737
Notice of Transferred Claim
July 05, 2011
Transferor: PRINOVA
ATTN:DOUGLASE.MECKEL
P.O. BOX 1089
SAN JOSE, CA 95108-1089
Transferee: SIERRA LIQUIDITY FUND, LLC
RE: PRINOVA
ATTN: SCOTT AUGUST
2699 WHITE ROAD, SUITE 255
IRVINE, CA 92614
Transferee: SIERRA LIQUIDITY FUND, LLC
RE: PRINOVA
2699 WHITE ROAD, SUITE 255
IRVINE, CA 92614
To Whom It May Concern,
Please be advised that a Notice was received that your claim in the above mentioned case has been
transferred; please see attached. The document states that the above named transferor has transferred
this claim to the above named transferee.
Case: Grand Prix Fixed Lessee LLC (Case No: 10-13825)
Claim No.:
Amount of Claim:
Amount of Transfer:
Re: Docket#
585
$499.37
$0.00
1839
Pursuant to Bankruptcy Rule 300l(e) (2) of the Federal Rules of Bankruptcy Procedures you are
advised that if you wish to object to the above, you must do so within 21 days ofthe date ofthis
notice or within any additional time allowed by the court. Unless an objection and request for
hearing is filed in writing with the U.S. Bankrutpcy Court- Southern District ofNew York
Manhattan Division One Bowling Green New York, NY 10004, the aforementioned claim will be
deemed transferred.
Y elena Bederman
Omni Management Group, LLC
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------x
GRAND PRIX FIXED LESSEE LLC
INNKEEPERS USA TRUST, et al.
Debtors
Chapter 11
Case #10-13825 & 10-13800
Claim # 585
NOTICE: TRANSFER OF CLAIM PURSUANT TO FRBP RULE 3001(e) (2) OR (4)
To: (Transferor) Prinova
PO Box 1089
San Jose, CA 95108
The transfer of your claim (#585) shown above, in the amount of $499.37
has been transferred (unless previously expunged by court order) to:
SIERRA LIQUIDITY FUND, LLC
2699 WHITE RD. SUITE #255
IRVINE, CA 92614
No action is required if you do not object to the transfer of your claim.
However, IF YOU OBJECT TO THE TRANSFER OF YOUR CLAIM, WITHIN 20 DAYS OF
THE DATE OF THIS NOTICE, YOU MUST:
FILE A WRITTEN OBJECTION TO THE TRANSFER with:
United States Bankruptcy Court
Southern District of New York
Attn: Bankruptcy Clerk
One Bowling Green
New York, NY 10004
SEND A COPY OF YOUR OBJECTION TO THE TRANSFEREE.
Refer to INTERNAL CONTROL No. in your objection.
IF YOUR OBJECTION IS NOT TIMELY FILED, THE TRANSFEREE WILL BE SUBSTITUTED
ON OUR RECORDS AS THE CLAIMANT.
Clerk of Court
FOR CLERK'S OFFICE USE ONLY:
This notice was mailed to the first named party, by first class mail,
postage prepaid on , 20
Copy(check): Claims Agent __ Transferee Debtor's Attorney __
Deputy Clerk
be: objntc
OBJECTION NOTICE FOR TRANSFEROR-PROOF OF CLAIM ON FILE
Transfer of Claim
INNKEEPERS USA TRVST,etst.
alk/a GRAND PRIX FIXED LESSEE LLC & GRAND PRIX FLOATING
LESSEE LLC & GRAND PRIX ANAHEIM ORANGE LESSEE LLC
This agreement (the "Agreement") is entered into between \ 00'-/ E\ Co, ;:r
and SieiTII Liquidity Fund, LLC or assignee ("Assianee") witlt rega.nf ro the following matters:
("Assignor'')
l. Assignor in consideration of the sun1 of lf tbe eurrent 11mount outstancHna In Dollars on the Aasignorts
trade claim (the "Purchase Price"). does hereby transfer to Assianeo all of the Assignor's right, Iitie and IJUete$t In and to all of the claims of
Assignor, Including the right to amounts owed under any executory conrract and IIJI)' respecdvo cure unount related 10 the potential assumption
1111d cure of such a conrract (the ''Claim"), against Innkeepers USA Tnlat, fl at. (affiliates, subsidiaries and other related debtots) (the
''Debtor"). in proceedlnp f"" .--ni7.ation (tho ''Proceedinas'') b1 the Stltes Bll!llaupk:y Court. Southom Dlslrict of New Yorl<, in the
c:ummt amount of not less-- __........._ ll>tt9'7, 37 1ft the amount due. whtelt sball be defined as
''the Claim Amount"}, and all rights and benefits of the Assignor relating to the Claim Including, without limltatiM, Assianor's rights 10
receive interest, penalties and fees, if any, which may be paid witlt respect to the Claim, and all cash, securities. bwnunents. cure payments,
and other property which miLy be paid or Issued by the Debtor in satisfaction or the Claim. right to receive liligatl.on proceeds and any
and all voting rights related to the Claim The Claim is based on amounts owed to Assignor by Debtor as set forth below and this assianment
is an absolute and unconditional assigMtent of ownership of the Claim. and shall not be deemed to create a security interest.
2. Assignee shall be entitled 10 all distriblltions nw:lo by the Debtor on account or the Claim, even distributions made 41\d attributable lo lbe
Claim bcin& allowed in the Debtor's case. in an amount In excess of the Claim Amount. Assignor and warrants that the amount or
the Claim is not less than the Claim Amount. that this lll\OWit I& the true and amount owed by the Debtor to the Assignor. and lhat no
valid defense or riShl of set-off 10 the Claim exists.
3. Assignor further repre1ents and warranta that no payment has been received by Assignor or by any thin! party claimina through Assignor. in
full or partial aatisfaction of rile Claln1, that Assianor bas not previously assigned, sold or pledged the Claim, in whole or In part. to any rhird
party. that Assignor o\vns and h8$ title to the Chum free and clear of any and all liens. security or encumbrances of any kind or nature
whatsoever. and that there are no offsets or defenses that have been or may be asserted by or on behalf of the Debtor or any other party to
reduce the amount of the Claim or to impair its value.
4. Should it be determined that any transfer by the Debtor 10 the Assignor Is or could have been avoided as a preferential payment, Assignor
shall repay such tran5fer to the Debeor in a 1lmely miiJiner, Should Assignor fall to repay auch lrwfer to the Debtor, then Assignee. solely at its'
own option, shall be entitled to make said payment on account of the avoided ltansfer, ond the Assignor shall indemnify the Assignee for any
amounts paid to the Debtor. To the extent necessary, Assignor grants to Assignee a Power of Atton1ey whereby the Assignee is authorized at
Assignee's own expense to defend against all avoidance actions. preferential payment sui II, and fraudulent conveyance actions for the benefit of
the Assignor and the Assisnce; ho\vever Assignee has no obligation to defend against such actions. If the Bar Date for filing a Proof or Claim
hilS passed. Assignee reserves the risht, but not the obUption, 10 pun:hase the Trade Claim for the amount published in the Schedule P.
5. is aware thnt the Purchase Price may differ from the amount ultimately distributed In the Proceedings with to rho Claim and that
such omount may not l!e absolutely dermincd until entry of a final order confirming a plan of reorsanlution. Assignor acknowled&C$ that, except as
set furth in this agreement, neither Asaignee nor lillY qent or representative of Assignee has made any representation whatsoever to Assignor rcgardins .........---
(fhmncilll-ormlm'Wtsu');'1!1l9"'Utl\61' MWr rel&ln& to thO proccedlf'&S, lhc -Ofblor, or the
I ikelihood of recovery of the Claim. Auignor rcpre6et!IS that it has adcquaiC irtformation concerning the busiuesa 811d financial condilion of the Debtor
nod the status of the to rnake an informed del:isian regardinJ its sale of the Claim.
6. Assignee will assume. all of the recovery risk in tem" of the an'IOunt paid on the Claim. if any. at emergence from bmtkruptcy or liquidation.
Assignee does not llSsume any of the risk relating to the runount of the claim aueSicd to by lite Assignor. fn Ute event that the Claim i$
disallowed. reduced. subordinated or Impaired for any reason whatsoever. Assignor agrees 10 immediately refund and pay to Assignee. a pro
rata share of the Purchase Price equal to the ratio or the amount of the Claim disallowed divided by tlte Claim, plus interest pet annum from
the date of lhis Agreement until the date of repayment. 1'hc Assignee. as set forth below. shall have no obligation to otherwise dofend the
Claim. and the refund obligalion of the Assignor pur&uant to this section shall be absolutely payable tO Assignee without regard to whether
Assignee defends the Claim. The Assignee or Assignor shall ha\'C the right to defend the claim. only at ita own and shall not look 10
the counterpnrty for any reimbursement for legal eltpeMes.
7. To the extent that it may be required by applicable law, Assianor hereby irrevocably appoini.S Assi&nee or James S. Riley as its uue and
lawful attom.ey as the true nnd lawful agent and special anomeysinfact of the Assignor with respect to the Claim, with full power of
substitution {such power of auomey being deemed to be an itTevocable power coupled wilh an interest). and authorizes A!sisnee or James S.
Riley to net in Assignor's stead. to demand. sue for, compromise and recover all such amounb as now nre. or may hereafler becotnt. due and
payable for or on account of the Claim. litigate for any damages. omissions or other rehtted to this claim. vote in any proceedings. or any other
actions Chat may cnbance recovery or protect tile interests of the Claint. Assignor grants unto Assignee full authority to do all thinas
to enforce the Claim and Assignor's rishts there under. Assignor a11rees that the powers granted by this puagraph are in nature
and thallhe Assignee may or decline to exen:lsc such powen at Assignee's sole opllon. Assignee shall have no obligation to take any
uctlon to prove or defend llw Claim's validity or amount In lhe Proceedings or In any atllet dispute arising out of or relating 10 the Claim.
whether or not suit or other proceedlnp nre commenced, and whether in mediation, arbill'lltlon, at triaL on appeal. or in administrative
proceedings. Assignor agrees to take such reasonable further action. as may be necessaey or desirable to effect the Assignment of the Claim
and any payn'lents or distributions on account of the Claim to Asslanee Including, without limitation, the execution of appropriate llllnsrer
powers, corporate rcsolullons and consents. The Power of Attorney &ball include without limitation. (I) the right to vote, inspect books and
records. (2) right to execute on behalf of Assignor, all asslgnnleltts, eertlflcates, documents and lnsii"Uments that may be required for the
purpose of transfening the Claim owned by the Assignor, (3) the rlaht to deliver cash, securities and other instJUments distributed on account of
the Claim. together with all accompanyins evidences of ltaJisfer and authenticity to, or upon the order of, the Assignee; and (4) the right after
lhe date of this Agn:emc:nt to re<:elve all benefits and cash distributions. endorse chec:lc& payable to the Asslgllor and otherwise exercise all
rights of beneficial ownership of Ute Claim. The shall not be required to post a bond of any nature In connection with this power of
attorney.
8. Assignor !.hall forward to Assignee all notices received from dtc Debtor, the court or any third pany with to the Claim. Including any
ballot with regard to voting the Claim in the Proceedlna, and shall take such acUon with respect to the Claim In the proceedlnp, as Asslanee
may requ&t from Hme to time, Including the provision to lhe Assignee of all necessary supporting documentation evldencinr the validity or the
Assignor's claim. Assignor acknowledgea lhat any distribution received by Assignor OltiCCOUIII of tbe Clalnl from any aource, whether in
form of cash. securities. insruntent or my other property or right, Is the property of and absolutely owned by the Asslgnee,lhat Assisnor holds
and will hold such propeny in trust for lhe benefit of Asslanee aod will. at its own expense. promptly deliver to AasJpee any such property in
the same fom1 received, tosether with any endorsements or documents necessary to transfer sud\ property to A5signec.
9. (n the event of any dispute arising out of or relating to this Aereemenl, whether or not suitor other fHOCCedlngs Ia commenced, and whether
in mediation, arbitration. at trial, on appeal, In administrative or in bankruptcy (Including, without limitation, any adversuy
proceeding or contested mauer in any bankruptcy case filed on account of the Assignor). the prevailing party shall be entitled to its costs and
expenses incW'J'ed, lncludtns reasonable attorney fees.
I 0. The tern1s of this Agreement shall be blndln& upon, and shall inure to the beuefit of Assignor, Assignee and lhoir respective: successors and
assigns.
II. Assignor hereby ackntlwleclges that Assignee may a1 nny t1 me further assign the Claim togelher wllh all rights. title and interests of Auignce under
!his Agreemenl. All representations and warranues of the Asslsnor made herein shall survive tile exeonion and delivery of rbis Agreement. Thi5
Agreemen\ may be cxecu1cd in counterporrs and all such counterpans taken togelher shall be deemed lo constiiUle a single agreement,
12. This contract is no! valid 1111d enforceable wilhout .!ICCeptAIIce of this Agmment with all nece$Sary suppurtlng dccumems by the Assignee.
as evidenced by a countersignature or this Agreement. The Assignee may reject the proffu of this contract for any reason whatSoevu.
13. This Agreement shall be governed by and construed in aecordance wilh the Jaws of the Slllte of California. Any action arising under or reiDling to
rhis Agreement may be brougbt in any state or federal court locDted In California. and Assignor conllel11S ro and confers personal Jurisdiclion over
Assignor by such ()(lUrt or couns and agrees that service or process may 1M: upon Assignor by malliug a copy of said proccS& to Asisnor llllhe lid dress
sc1 forth in Agreement, and in any aelion hereunder, Assignor and Assignee waive any right to demand 11 trial by jury.
You must include invoices. Purchase orders. and/or proofs of dellvea that relate to tbe clalma
Assignor hereby acknowledges ond coDSen1s to all of the temrs set forth In lhls Agreemeru and hereby waives its right to raise any abjcclion
thereto and its right co receive notice pursuant to rule 300 I of the rules of the Bankruptcy prtJCedure.
IN WITNESS WHEREOF. the undcrslsned Assignor hereto sets his band day 2010.
ATTEST .
[Print Name and Title]
Phone Number
Sierra Liquidity Fund. LLC eta/.
2699 White Rd. Ste 255,lrvine, CA 92614
949-6601144 ll 10 or 22; rax: 949660.0632
sauguM
Name of Company
3c::Pa5
Street Address
\-\ l.\ 5 '\'-\
10/1212010