Sunteți pe pagina 1din 4

BRYAN CAVE LLP Lawrence P.

Gottesman (LG-7061) Michelle McMahon (MM-8130) 1290 Avenue of the Americas New York, New York 10104 (212) 541-2000 and DUANE MORRIS LLP Phillip K. Wang, Esq. One Market Plaza, Spear Tower, Suite 2200 San Francisco, CA 94105-1127 (415) 957-3185

Objection Deadline: Aug. 5, 2010 Hearing Date: Aug. 12, 2010 @ 2:00 p.m.

Attorneys for Wells Fargo Bank, N.A., as Trustee for the registered holders of Credit Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2007-C1 and U.S. Bank National Association, as Trustee for the registered holders of ML-CFC Commercial Mortgage Trust 2006-4, Commercial Mortgage Pass-Through Certificates, Series 2006-4 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK x In re: INNKEEPERS USA TRUST, et al., Debtors. : : (Jointly Administered) : : x JOINDER OF CERTAIN PREPETITION LENDERS TO MIDLAND LOAN SERVICES INC.S OBJECTION TO APPLICATION FOR THE ENTRY OF AN ORDER AUTHORIZING THE RETENTION AND EMPLOYMENT OF MOELIS & COMPANY LLC AS FINANCIAL ADVISOR AND INVESTMENT BANKER TO THE DEBTORS NUNC PRO TUNC TO THE PETITION DATE Wells Fargo Bank, N.A., as Trustee for the registered holders of Credit Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2007-C1 and U.S. Bank National Association, as Trustee for the registered holders of ML-CFC Commercial Mortgage Trust 2006-4, Commercial Mortgage Pass-Through Certificates, Series Chapter 11 Case No.: 10-13800 (SCC)

2006-4 (jointly, the Property Level Lenders), by their undersigned counsel, hereby join in the Objection (the Midland Objection) filed by Midland Loan Services, Inc. to the Application For The Entry Of An Order Authorizing The Retention And Employment Of Moelis & Company LLC As Financial Advisor And Investment Banker To The Debtors Nunc Pro Tunc To The Petition Date (the Motion), filed by above-captioned debtors and debtors-in-possession (collectively, the Debtors).1 In support of this joinder, the Property Level Lenders respectfully state as follows: 1. On July 19, 2010 (the Petition Date), the Debtors filed voluntary petitions for

relief under chapter 11 of the Bankruptcy Code commencing these bankruptcy cases. 2. The Debtors are debtors-in-possession and continue to operate their businesses

pursuant to 11 U.S.C. 1107 and 1108. 3. July 28, 2010. 4. The Property Level Lenders are commercial mortgage backed securitization trusts An official committee of unsecured creditors (the Committee) was appointed on

and hold mortgage loans (collectively, the Property Level Loans) secured by first-priority, perfected mortgages, liens and security interests on and in each of the hotel properties commonly know as Residence Inn San Diego, Residence Inn Garden Grove, Double Tree Guest Suites Washington D.C., Residence Inn Tysons Corner, and Homewood Suites San Antonio (collectively, the Hotel Properties) and related personal property (including all cash generated thereby), owned or leased by certain of the Debtors (the Property Level Debtors) arising from various secured loan transactions entered into prior to the Petition Date, all as more particularly described in the applicable mortgages, notes, agreements and all other documents executed or
Unless otherwise defined herein, all capitalized terms used herein shall have the same meanings ascribed to such terms in the Motion.
1

2
C053239/0312771/1590126.1

delivered in connection with each Property Level Loan (collectively, the Loan Documents). As of the Petition Date, the aggregate outstanding unpaid principal balance of the Property Level Loans was in the approximate amount of $160 million.2 5. The Property Level Lenders join in the Midland Objection to the Motion on the

bases set forth therein, including, but not limited to the fact that if the Plan Support Agreement is approved, then there will be little, if any, compensable work remaining for Moelis to perform on behalf of the Debtors. As set forth in the Midland Objection, many of the tasks proposed to be performed by Moelis would be prohibited by the Plan Support Agreement. Accordingly, at a minimum, the Court should defer determination of the Motion unless and until the Court rules on the Plan Support Agreement. Dated: August 5, 2010 New York, New York

/s/ Lawrence P. Gottesman Lawrence P. Gottesman, Esq. Michelle McMahon, Esq. Bryan Cave LLP 1290 Avenue of the Americas New York, New York 10104 Tel: 212-541-2000; Fax: 212-541-4630
lawrence.gottesman@bryancave.com michelle.mcmahon@bryancave.com

and Phillip K. Wang, Esq. Duane Morris LLP One Market Plaza, Spear Tower, Suite 2200 San Francisco, CA 94105-1127 Tel: (415) 957.3185; Fax: (415) 358.4725 pwang@duanemorris.com Attorneys for Attorneys for Wells Fargo Bank, N.A., as Trustee for the registered holders of Credit Suisse
This amount does not include accrued and unpaid yield maintenance premiums, interest at the base and default rates, late charges and fees, attorneys fees and expenses and various other amounts in addition to the outstanding principal balances that are or may be due under the Loan Documents.
2

3
C053239/0312771/1590126.1

First Boston Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2007-C1 and U.S. Bank National Association, as Trustee for the registered holders of ML-CFC Commercial Mortgage Trust 2006-4, Commercial Mortgage PassThrough Certificates, Series 2006-4

4
C053239/0312771/1590126.1

S-ar putea să vă placă și