You are on page 1of 5

CERTIFICATE OF MAILING

I, the Wld.ersigned, am over the age of eighteen and an CIIl>loyee of Omni Management Group, I do
hereby certify:
That I, in perfonnance 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: q \ 0-?J (U
Transferor: ROOMSERVICE AMENITffiS
ATTN:CHARMAINEGARDNER
1010 CAMPUS DRIVE WEST
MORGANVILLE, NJ 07751
Transferee: SffiRRA LIQUIDITY FUND, LLC
Addressee:
RE: RSA- ROOMSERVICE AMENITffiS
2699 WHITE ROAD, SUITE 255
IRVINE, CA 92614
Omni Management Group, LLC
Claims Agent For lnnkeepen USA Trust, et aL
16161 Ventura Blvd., Suite C, PMB #606- Encino, CA 91436
Telephone (818) 906-8300- FacsimDe (818) 783-1737
Notice of Transferred Claim
September 23, 2010
Transferor: ROOMSERVICE AMENITIES
ATTN: CHARMAINE GARDNER
1010 CAMPUS DRIVE WEST
MORGANVILLE, NJ 07751
Transferee: SIERRA LIQUIDITY FUND, LLC
RE: RSA- ROOMSERVICE AMENITIES
2699 WHITE ROAD, SUITE 255
IRVINE, CA 92614
To Whom It May Concern,
Please be advised that a Notice was received that yom 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.:
AmoWlt of Claim:
IImkeepers USA Trust, et al. (Case No: 10-13800)
248
$870.54
Amount of Transfer: $870.54
Re: Docket # 462
Pmsuant to Bankruptcy Rule 3001{e) (2) of the Federal Rules of Bankruptcy Procedmes 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 comt. Unless an objection and request for
hearing is filed in writing with the U.S. Bankrutpcy Comt- Southern District ofNewYork
Manhattan Division One Bowling Green New York, NY 10004, the :d claim will be
deemed transferred G

Comrie Ontiveros
Onmi Management Group, LLC
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
In re:
GRAND PRIX FLOATING LESSEE LLC
INNKEEPERS USA TRUST. et al.
Debtors
Chapter 11
Case# 10-13826 & 10-13800
NOTICE OF TRANSER OF CLAIM PURSUANT TO
F.R.B.P. RULE 3001(E) (1)
Transferor: RSA - Roomservlee Amenities
1010 Campus Drive
West Morganville, NJ 07751
Your claim In the amount of $870.54 against the Debtors has been transferred to:
Transfeee: Sierra Liquidity Fund, LLC
2699 White Road, 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 OBJECfiON TO mE TRANSFER with:
United States Bankruptcy Court
Alexander Hamilton Custom House
Attn: Bankruptcy Clerk
One Bowling Greeit
New York, NY 10004-1408
SEND A COPY OF YOUR OBJECTION TO THE TRANSFEREE:
Refer to INTERNAL CONTROL No. __ in your objection.
If you file an objection, a hearing will be scheduled.
IF YOUR OBJECTION IS NOT TIMELY FILED, THE TRANSFEREE WILL BE
SUBSTITUTED ON OUR RECORDS AS THE CLAIMANT.
FOR CLERK'S OFFICE ONLY:
This notice was mailed to the first party, by first mail, postage prepaid on , 20_.
INTERNAL CONTROL NO ..__________ __
Copy: (check) Claims Agent __ Transferee Debtor's Attorney __ _
Deputy Clerk
If e.--IIV
Transfer of Claim
INNKEEPERS USA TRUST,etat
alk/a GRAND PRIX FIXED LESSEE LLC & GRAND PRIX FLOATING
LESSEE LLC & GRAND PRIX ANAHEIM ORANGE LESSEE LLC
This agreement (the "Agreement'') is enteral into between
and Sierra Liquidity Fwtd, LLC or usipee ("Assipee'') with repnl to the foUowing matters:
(''Assignor")
1. Assignor in consideration of the sum of Gt) of the current amouat outatudlaa Ia U.S. Dollln oa the
Asslpor's trade elaba (the ''Pun:hue Price''), does hereby tranlfer to Auipee aU of the Auipor's right. title and Interest In and to all of the
claims of Assignor, lncludin& the right to amounts owed under my cxecwory conlrlet and any respective cure amount related to the porential
assumption and cme of such a contract (the "Claim''), apinst lnnlceepen USA Trust. er aL (affWates, subsidiaries and other related debcon)
(the "Debtor"), In proccedlnas for reorgllllization (the "ProceedJnp'') in the United States Banlauptcy Court, Southern District of New Yorlc, in
the current amount of not less than J.;l-? ' r'-1 [llllut the amount due, wbleb sW bt dellaed u
"the Calm Amount"], and all riahta and benefits of the Assignor relating to the Claim Including, without Umitation, Assignor's rights to
receive interest. penalties utd fcea, if any, which may be paid with respect to tho Claim, and all cuh, securities, instruments, cure paymcrus,
and other property which may be paid or issued by the DebCor in satisfaction of the Claim, right to litigate, receive litigation pmceeda and any
and aU voting rights relared to the Claim The Claim is based on amountl owed to Assignor by Debtor u set forth below and this assignment
is an absolute and WlCOJiditional usignment of ownership of the Claim, and shall not be deemed to create a security intaat.
2. Assignee shall be entided to all distributions made by the Debtor on ICCOUJlt of the Claim, even distributions made and attributable to the
Claim being allowed in the Debtor's case, in an amount in excess of the Claim Amount Assignor representl and wamnts that the amount of
tho Claim is not leas thU1 the Claim Amount. that tbia amoiDlt is the true and comet amount owed by the Debtor to tho Assignor, and that no
valld defense or right of set-off to the Claim exists.
3. Assignor further represents and wamnts that no payment hu been received by Assignor or by any third party claiming through Assignor, in
full or partial satisfaction of the Claim, that Assignor hu not previously assigned, sold or pledged the Claim. in whole or in put. to any third
party, that Assignor owns and has title to the Claim free and clear of any and aU Hens, security intereata or encumbrances of any kind or nature
whatsoever, and that there are no offsets or defenses that have bccn.or may be asserted by or on behalf of the Debtor or any other puty to
reduce the amount of the Claim or to impair ill valUe.
4. Should it be determined that any transfer by the Debtor to the Assipor Ia or could have been avoided u a prefen:ntial payment, Assignor
shall repay such transfer to the Debtor in a timely manner. Should Assignor fail to repay such ttansfer to the Debtor, then Assianee, solely at Its
own option, shall be endded to make said payment on account of the avoided transfer, and the Assignor shall indemnify the Assipee for any
amounts paid to the Debtor. To the extent nec:cssary, Assignor grants to Assignee a Power of Attorney whereby the Assignee is authorized at
Assignee's own expense to defend against all avoidance actions, preferential payment suits, and fraudulent conveyance actions for the benefit of
the Assignor and the Assignee; however Assignee hu no obligation to defend against such actions. II the Bar Date for filing a Proof of Claim
has pawed, Assignee reserves the right. but not the obliaation, to pun:hase the Trade Claim for the unount pubUshed in the Schedule F.
S. Assignor is aware thu the Purchase Price may differ from the amount ultimately distributed in tho Proceedings wirh rapece to tbc Claim and tha&
such amount may not be absolutely determined until entry of a fanal order confinning a plan of reorganization. Assignor aclmowlcdgcs that, except as
set forth in this agreement, neither Assignee nor any agent or representative of Assignee hu made any representation whatsoever to Assignor regardins
the status of tho Proceedings, the condition of the Debtor (financial or otherwise), any other matter reluing to the proCeedings, the Debtor, or the
I ikelihood of recovery of the Claim. Assignor represents thlll it has adequue infonnation concerning the business and fmancial condition of the Debtor
and tho status of the Proceedings to make an infonned decision regarding its sale of tbe Claim.
6. Assignee will assume all of the recovery risk in terms of the paid on the Claim, if any, at emergence from bankruptcy or liquidation.
Assignee docs not asswne any of the risk relating to the amount of the claim attesred to by the Assignor. In the event that the Claim is
disallowed, reduced, subordinared or impaired for any reason whatsoever, Assignor &pees to Immediately refund and pay to Assignee, a pro-
rata share of the Purchase Price equal to the ratio of the amount of tho Claim disallowed divided by the Claim, plua 8'11 interest per annum from
the date of this until the date of repayment. The Anianee, as set forth below, shall have no obliaation to otherwise defend the
Claim. and the refund obligation of the Assignor pursuant to this section shalt be absolutely payable to Assignee without reaud to whether
Assignee defends the Claim. The Assignee or Assignor shail have the right to defend the claim, only at its own expense and shall not look to
the counterparty for any reimbursement for legal expenses.
7. To the extent that it may be required by applicable law, Assignor hereby Irrevocably appoints Assignee or James S. Riley as its true and
lawful attorney , as the true and lawful agent and special attorneys-in-fact of the Assignor with respect to the Claim. with fuU power of
substitution (such power of attorney being deemed to be an Irrevocable power coupled with an interest), and authorizes Assipee or James S.
Riley to act in Assignor's stead, to demand, sue for, compromise and recover all such amounts u now are, or may hereafter become, due and
payable for or on account of the Claim. litigate for any damages, omissions or other related to this claim, vote in any proceedings, or any other
actiona that may enhance recovery or protect the interesta of the Claim. Alsipor grants unto Alsipee full authority to do all thlnp necer.suy
to enforce the Claim and Aasianor' s rtahta there Wlder. Alslpor apees that the powm granted by this puqraph are discretionary ln nature
and that the Alai pee may exercise or decline to exercise auc:h pow.a at Alsipee' sole option. Aaaipee shall have no obliaation to tab my
action to prove or defend the Claim' a validity or amount ln the Proceedinp or ln any otlw dllpute arislna out of or relatbta to the Claim,
whetha' or not suit or proceedinp are commenced, and w...._, ln mediation, arbitration, at trial, on appeal, or ln administrative
proceedlnp. Assignor aareea to tab such reuonable further action, 81 may be necesury or desiJable to effect the of tho Claim
and my payments or distrlbudona on account of the Claim to Aaaipeo lncludinJ, without limitation, the execudon of appropriate transfer
powers, corporate resolutions and consents. Tho Pow. of Attorney shall include without limitation, (1) the riaht to vote, iDapec:t booJcs and
recorda, (2) the rlaht to execute on behalf of Aaaipor, all usipunents, CMlficatea, documentl and lnstrumenta that may be required for the
purpose of tranafmina the Claim owned by the Aaaipor, (3) the riaht to dellv. cash, securities and other inatnunents distributed on account of
the Claim, topther with all accompanylna evidencel of transfer and authenticity to, or upon the order of, the Alaipee; and (4) the riaht after
the date of this Aareement to receive all benefits and cash diatribudona, endorse checks payable to the Assignor and otherwise exercise all
ripts of beneficial ownerShip of the Claim. The shall not be required to post a bond of any natwe ln connection with thia power of
attorney.
8. Assignor shall forward to Alai pee all notices received from the Debtor, the court or any thint party with respect to the Claim, including any
ballot with regard to votlna the Claim ln tho Proceedlna, and shall take such action with respect to tho Claim ln tho proceedinp, 81 Assignee
may request from time to time, includina the provision to tho Alsipee of all necesaary supportina documentadon evidencinl the validity of the
Aaslpor's claim. Alaipor acknowledges that any distribution rec:elved by Asaignor on account of the Claim from any soun:e, whether ln
form of cash, securities, instrument or any other property or ript, is the property of and absolutely owned by the Alaipee, that Alsianor holds
and will hold such property ln trust for the benefit of Alsipee and wUJ. at its own expense, promptly deliver to Alsipee any such property ln
the same form received, together with any endorsements or documents neceaaary to tnnafer such property to Assipee.
9. In the event of any dispute arisin1 out of or reladn1 to thia Apmeat, whether or not suit or other proceedinp is commenced, and whether
in mediation, ubitration, at trial, on appeal, in adminiatradve proceedinp, or in bankruptcy (includinl, without limita1ion, any adversary
proceeding or contested matter in any bankruptcy case filed on account of tho Alsipor), tho prevailins party shall be entitled to its coati and
expenses incurred, lncludinl reasonable attomey feea.
10. The terms of this Agreement shall be binding upon, and sball inure to the benefit of Aasipor, Asstanee and their respective auccesson and
assians.
II. Assianor hereby acknowledges that Assignee may at any time funher asalan the Claim together with all riahta, title and interests of Assignee under
this Agreement. All representatlona and warranties of the Auignor made herein shall survive the executioll and delivery of this Agreement. This
Agreement may be executed in counterparts and all such counterpalta taken topther sball be deemed to constitute a single agreement.
12. This contract is not valid and enforceable without acceptance of this Apeement with all necessuy supporting documents by the Assianee.
as evidenced by a countersiansture of this Ap'eement. The Assignee may reject the proffer of this contract for any reason whatloever.
13. This Agreement shall be governed by and constnJed in accordance with the laws of the State of CallfomiL Any action ariains under or relating to
this Agreement may be brought in any state or fedenl court located in California, and Assignor consents to and confers personal jurisdiction over
Assianor by such court or courts and agrees that service of process may be upon Assianor by mali ina a copy of said process to Assignor at the address
set forth In this Agreement, and in any action hereunder, Assipor and Assignee waive any riabt to demand a trial by jury.
You must Include invokeJ. purchase onlen. and/or proo(s of dellyen that relate to the claim,
Assianor hereby acknowledges and conaenta to all of the terms set forth in this Agreement and hereby waives its riaht to raise any objection
thereto and its ript to receive notice pursuant to rule 3001 of the rules of the Bankruptcy procedure.
dersigned Assignor hereto seta his hand this .J!:L. day of . 2010.
Phone Number
Sierra Liquidity Fund, LLC et aL
2699 White Rd, Ste 255, Irvine, CA 92614
949-660.1144 x 10 or 22; fax: 949-660-0632
saugust@sieqafun<!s.com
/coMret'wt. e
9/811J)IO

You might also like