JLJF,) - : N - E: - o - e - .-D-Ia - 1
JLJF,) - : N - E: - o - e - .-D-Ia - 1
JLJF,) - : N - E: - o - e - .-D-Ia - 1
I, the undersigned, over the age of eighteen and an employee of Ornni 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.
By: Jljf,)
__ _
Transferor: NORTHEAST REFRIGERATION & AIR CONDITION
ATTN: DONALD ABBRUZZESE
27 RAILROAD AVE
ALBANY, NY 12205
Transferee: SIERRA LIQUIDITY FUND, LLC
RE: NORTHEAST REFRIGERATION & AIR COND
2699 WHITE ROAD, SUITE 255
IRVINE, CA 92614
Transferee: SIERRA LIQUIDITY FUND, LLC
Addressee:
RE: NORTHEAST REFRIGERATION & AIR COND
ATTN: SCOTT AUGUST
2699 WHITE ROAD, SUITE 255
IRVINE. CA 92614
Omni Management Group, LLC
Claims Agent For Grand Prix Floating 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: NORTHEAST REFRIGERATION & AIR CONDITION
ATTN: DONALD ABBRUZZESE
27 RAILROAD A VB
ALBANY, NY 12205
Transferee: SIERRA LIQUIDITY FUND, LLC
RE: NORTHEAST REFRIGERATION & AIR CONDITION
ATTN: SCOTT AUGUST
2699 WHITE ROAD, SUITE 255
IRVINE, CA 92614
Transferee: SIERRA LIQUIDITY FUND, LLC
RE: NORTHEAST REFRIGERATION & AIR CONDITION
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 Floating Lessee LLC (Case No: 10-13826)
Claim No.:
Amount of Claim:
Amount of Transfer:
Re: Docket#
378
$2,046.34
$0.00
1843
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 of the date of this
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
Ornni Management Group, LLC
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------X
GRAND PRIX FLOATING LESSEE LLC
INNKEEPERS USA TRUST, et al.
Debtors
Chapter 11
Case #10-13826 & 10-13800
Claim # 378
NOTICE: TRANSFER OF CLAIM PURSUANT TO FRBP RULE 3001(e) (2) OR (4)
To: (Transferor) Northeast Refrigeration & Air Condition
27 Railroad Avenue
Albany, NY 12205
The transfer of your claim (#378) shown above, in the amount of $2,046.34
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 TRUST, etaL
aikJa GRAND PRIX FIXED LESSEE LLC & GRAND PRIX FLOATING
LESSEE LLC & GRAND PRIX ANAHEIM ORANGE LESSEE LLC
agreement (the is entered into between N t A-\ <!c L V\.C-t , C'Assignor'')
ond Sierra J .. lquldity Fund, LLC or assignee {"Assignee'') with regard to the following,; ...
I. Assignor in consideration of the sum of . . . . . >f the current amount outstanding in u.s. Dollars o, the Assignor's
trade clafm (tlte "Purchase Price''), does hereby transfer to Assignee all of the Assipor's riSht, tltle and fntemc in and to all of the claims of
Assignor. including the right to amounts owed under any executory co.nttact and any respective eure amouttt related to the potential a68Umptlon
and cure of such a contract (tbe "Claim"). against Innkeepers USA Tmst, et nl. (affiliates. subsidiaries and other related debtors) (the
"Debtor"), in proct1edings for reorganization.(tho."Pl:oceedinA.s") in 'tedted S Sttateatess B Banankmptcy Court, Southern District of New York, in the
current amount ()f not tban _
'f(p, 3 '/ . ___ L__(inscrt the amount due, whleh sbuU be defined as
"the Chdm Amount',, and all and bend1ts of the Assignor teiatiog to the Claim inctudins, without limitation, right$ ro
receive interc.Clt, penalties aud fees, if any, which may be paid with respect to the Claim, and all cash, sccuritf.es. in11tmments, cure pn.yments.
and other property which may be-paid or is$ued by tbe Debtor in satisfaction of the Claim, right to litigate, receive litigation proCeeds and any
and all voting rights rctatU ro the Claim . The Claim is based on amounts owed to As.'lignor by Debtor as set forth below and this assignment
is an absolute and llnconditic:mnl assignment of ownen.hip of the Claim. and shall not be deemed to creatll security lnlleretlt.
2. Assignee shall be entitled to all distributions made by the Debtor on account of the Claim, even distributions made and tttributable to the
Claim being allowed in the Debtor's case, in. an amount in excess of the Claim Amount repl'CHnts and warrants (hat the amount of
tho Claim is not less than the Claim Amount, that tbls amount is tbc ttue and correct amount owed by the Debtor to the and that 110
valid defense or right of set-off to the Claim exists.
3. Assignof further represent& and warrants that no payment been received by Assignor or by any third party claiming through A$Signor. in
full or partial satisfaction of the Claim, that Assignor bas not (nviously assigned, sold or pledged the Claim, in whole or in part. to any third
party, that Assignor <JWns and has titre to tbe Claim ftee and clear of any and all Uens, security or encumbrances of any kind or nature
whatsoever. and that there arc no offsets or defenses that have been or may be asserted by or on behalf of tbc Debtor or any other party to
reduce the amount of the Claim or to impair its value.
4. Sho\lld it be detennincd that any transfer by the Debtor to the Assignor i or cotald have been avoided as a prcftrential payment. Assignor
shall repay such transfer to the Oebtnr in a timely manner. Should Assignor fail to repay such transfer to the Debtor. then Assignee, solely at its
own option. shall be entttted to make said payment on nccount of the avoided transfer, and the Assignor shall indemnify the Assignee for any
amounts pnid to the .Oo.btor. To the extent necessary, Assienor grants to Assignee a Power of Attomcy whereby the Assignee is autflorl7.ed at
Assignee's own expense to defend against nil avoidance actions, preferential payment and fraudulent conveyance actions for the benefit of
the Assignor and the Assignee: howe vet Assignee has no obligation ro defend against such actions. Jl the Bar Date or filing a Proof of Claim
has passed. Assignee reserves the right. but not the obligation. to purchase the Trade Ctaim for the lllll(lUftt published in the Schedule F.
5. Assignor is aware that the Pui'Qhasc Price mny differ from the amount ultimately distributed in the Proceedings with respect to the Claim and that
such amount may not he absolutely determined until entry of a final order confirming a plan of reorganization. Assignor acknowledges that. except as
set forth in this agreement. neither As.'lignee nor any agent or representative of A.'l!ignee hll$ made any repre.o;entation whatsoever to regarding
the of the f:'roeec<tlngs ... ihe condition ol' 'the Delitor (tinaiicialorodiCrwise)7.anfotticr miffierreliiiing to me proi:ec(linp, the Debtor. or the
likelihood of recovery of the Claim. Assignor represents that it has adequate,infonnatlon concerning the business and tinancial condition of the Debtor
and the statu a 'of the Proceedings to mtlke lll'l Informed decision regarding its sale of the Claim.
6. Assignee will assume all of the recovery risk in terms of the amount paid on the Claim, if any, at emergence from banlc;ruptcy or liquidation.
Assignee does not any of the ri"k relating to the amount of the claim attested to by the Assignor. In the event that the Claim is
di:saJI()wed, reduced. !lubordinated or impai\'ed for any reason whatsoever. Assignor agrees lo immediately refund and pay to As.'ligttee. a pro-
rata share of the Purchase Price equal to the ratio of the amount of the Claim disallowed divided by the Claim. plus 8% interest per annum from
the date of this Agreement until the date of repayment. The Assignee, as forth below, shall have no obligation to otherwise defend the
Claim. and the refund obligation of the Assignor pursuant to this section be absolutely payable to Assignee without tegatd to whether
All.'lignee dcfendl: the Claim. The Assignee or Assignol.' shall have the right to defend the claim, only at its own expense and shall not look to
the cotmtert)arty for :my rcimbul:$cment. for legal expenses.
7. To the extent that it may be required by applicable taw. Assignor hereby irrevocably 3flpoints As.'4ignee or Jame.11 S. Riley as it<'i true and
lawful attorney , as the true and lawful agent and special attomeys-in-f:lct of the Assignor with respect to the Claim. witJt full power Qf
substitution (such power of atl:\'lmey being deemed to be an irreVQcable power coupled with an interest), and Assignee or James S.
Riley to act in Assignor's ro demand. sue for. compromise and recover alt such amounts as now are. or may hereafter become. dtle and
payable for or on account of Ute Claim. litigate for any damages. omissions or olhcr related to this claim. vote In any proceedings. or nny other
8. Assignor shall forward to Assignee all notices received from the Deblor, the cou1t or any third party with respect to the Claim, including
bnUot with regard to voting the Clairn in the Proceeding, aud sltnll take such action with to the Claim in the procetldings, as Assigue<
m4y request from time to time, includ.in& the provision to the Assignee of all necessur}' supporting documellllltion evideuoing the validity of the
Assig.ncn's claim. Assigttor acknowledges llmt any distribution received by Assignor on ac<.:ount of' the Claim from any source, wheUter in
form of cush, securities. instrument or M)' other property ot rigltt, is tilt! property of und absolutely owned by the Assignee. dtnt holds
und will hold such propel'()' in trust tor the henet1t of Assignee And will, at its own expeuse, pt"'mptly dt!Uver tO Assignee 1411Y such property in
the sttme form received. togerher with any endorsements or documents to trmtsfer such property to Assignee.
9. In the of any dispute IU'ising out of or I'Clating to Ulis whe(her or not suit or othc:r iii tmd whether
in mediut\011, arbitration, at rriul. on appeal, in adrni11istrative or ill ban.krupccy (including, without limitatioll, uny adversary
proceeding or contested nuttter in any bMkruptcy case ou account of !he Assignor), the prevailing pllftY shall be cntitlea to \ts costs and
expenses incurred, including reasonable attorney tees.
10. 'fhe terms of this Agreement shall be binding upon, und shall inure to the benefit of Assignor. Assignee und lhelt respective sutcessors and
II. Assignor hereby a(;knowllldg.:s tl.lat Assignee may a1 lime further t\SSign the Claim tOgether with all rights, titl und intet'eiiiS of undel'
rhis Agreelll(!nt. All rpt-esentarions lind wtuTanties ut' lhl:) Assignor made herein 11hall survive the aud delivery of this Agreemem. This
Agreement muy be executed in and all such CQunterparts taken together shall be dllellle!l to constitute a single agrcellldllt.
12. This C01ttract is 1101 valid ruld ellfoi'Ceable without ucceptance of this Agreement with all necessary supporting documents by the Assignee,
us evidenced by a counl-ersignature of tbis AgNemtmt. The may reject the proffel' of mis contt-act for MY reasou whatsoever.
13. This Agn.-enldnt shall be gove111ed by wtd construed in tl(.'CO((UUtce with the laws of the State of Calitornia. At\Y otetiun arising or relating to
this Agreement may be brought in state or tederol court IQ<:ated in Calif<lmia, nnd AsSignor c:onscnts 10 and cOJtfers persorud juris(ficlion owr
Asslgnol' by such court Ol' ru\d agtc:es th11t service of process muy be upon Assignor by mullil'lg a copy of said prQCdss 1<> Assignor at the address
set forth in this Agloec:mem, and in any aclion hereunder. Assignor and Assignee waive: wty rlghllo dllnumd a trial by jury.
Yqu must inclucj.e inyoices, J!urcnase p.-s\ers, and/or of delivery tllat reli,te to th .. e claim.
reby acknowfedglls <md consents to ;1!1 of lhe rernts set forth in this Agruement iutd hereby wnives its ri&ht to raise auy objection
thereto d ils right to notice to 3001 of rhe rules of the Bankt'Uptcy procedure.
IN !TN S WREREO , the undersigned Asslguor hereto sets hilli band day of
[Print Name d Title
..
Phone Number
Skma Liquidity Fund. U.C et at.
2699 Wllire Rd. Ste 25S,ltvlne, CA 92614
949-6601 144 x: 10 o.r 22; 949-660-0632
:14/c Co
c:Jr. 2w.J_VQO.d funw
Su-eet
\bO--i
Email
Agr n Ackrtowl ged,
Siel'ru Liq 'dity Fund, LLC I 0/12/20 I 0
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