2024-12-27 Certication of Counsel Re Debtors Motion for ExclusivityIN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re:
SilverRock Development Company, et al.,
Debtors.1
Chapter 11
Case No. 24-11647 (MFW)
(Jointly Administered)
Re: Docket No. 236
CERTIFICATION OF COUNSEL REGARDING
DEBTORS' MOTION FOR ENTRY OF AN ORDER EXTENDING
THESE EXCLUSIVITY PERIODS BY FOUR MONTHS
The undersigned counsel to Debtors in the above captioned chapter 11 case hereby certifies
as follows:
1. On December 2, 2024, the Debtors filed the Motion for Entry of an Order for (I)
Granting Relief from the Interim DIP Financing Orders Preventing Debtors from Extending the
Exclusivity Periods and (11) Extending these Exclusivity Periods by Four [D.I. 236 Filed December
2, 2024] (the "Motion").
2. The Debtors have met and conferred with the major constituents in this case and
the Office of the United States Trustee (the ("UST") to extend the exclusive period during which
the Debtors have the exclusive right to file a chapter 11 plan (the "Exclusive Filing Period") by
four months through and including April 3, 2025, and extending the period during which the
Debtor has the exclusive right to solicit acceptances thereof (the "Exclusive Solicitation Period"
and together with the Exclusive Filing Period, the Exclusivity Periods") by four months through
1The Debtors in these chapter 11 cases, along with the last four digits of each Debtor's federal tax
identification number, as applicable, are: SilverRock Development Company, LLC (5730), RGC PA 789, LLC (5996),
SilverRock Lifestyle Residences, LLC (0721), SilverRock Lodging, LLC, (4493), SilverRock Luxury Residences,
LLC (6598) and SilverRock Phase 1, LLC (2247). The location of the Debtors' principal place of business and the
Debtors' mailing address is 343 Fourth Avenue, San Diego, CA 92101.
and including June 3, 2025. The major constituents and UST have stated that they have no
objection to entry of this Order.
3. A copy of the proposed Order Granting Debtors' [v1otion for Entry of An Order
Extending These Exclusivity Periods by Four Months (without attachments) showing the changes
from the Proposed Order is attached hereto as Exhibit A. A clean revision of the Exclusivity
Order (with attachments) is attached hereto as Exhibit B.
WHEREFORE, the Debtor respectfully requests that the Court enter the Exclusivity Order
attached hereto as Exhibit B.
Dated: December 27, 2024 Respectfully submitted,
Wilmington, Delaware
ARMSTRONG TEASDALE LLP
s/Jonathan M. Stemerman
Jonathan M. Stemerman (No. 4510)
Eric M. Sutty (No. 4007)
Denisse Guevara (No. 7206)
1007 North Market Street, Third Floor
Wilmington, Delaware 19801
Telephone: (302) 416-9670
jstemerman@atllp.com
esutty@atllp.com
dguevara@atllp.com
Counsel for Debtors
Exhibit A
(Redline Version)
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
Chapter 11
Case No. 24-11647 (MFW)
(Jointly Administered)
Re: Docket No. 236
In re:
SilverRock Development Company, et al.,
Debtors.'
ORDER GRANTING DEBTORS' MOTION FOR ENTRY OF AN ORDER 1-)
EXTENDING THESE EXCLUSIVITY PERIODS BY FOUR MONTHS
Upon the motion (the "Motion")2 of the above -captioned debtors and debtors in
possession (the "Debtors"), pursuant to section 1121(d) of the Bankruptcy Code and Local
Rule 9006-2, f -extending the exclusive period during which the Debtors have the exclusive
right to file a chapter 11 plan (the "Exclusive Filing Period") by four months through and
including April 3, 2025, and extending the period during which the Debtor has the exclusive
right to solicit acceptances thereof (the "Exclusive Solicitation Period" and together with the
Exclusive Filing Period, the "Exclusivity Periods") by four months through and including June
3, 2025, and (ii) granting Debtors relief from th.e Interim DIP Financing Orders preventing
or other N'lajor Constituents: and due and sufficient notice of the Motion having been given
under the circumstances; and it appearing that no other or further notice need be provided
under the circumstances; and it appearing that the relief requested by this Motion is in the best
The Debtors in these chapter 11 cases, along with the last four digits of each Debtor's federal tax identification
number, as applicable, are: SilverRock Development Company, LLC (5730), RGC PA 789, LLC (5996),
SilverRock Lifestyle Residences, LLC (0721), SilverRock Lodging, LLC (4493), SilverRock Luxury Residences,
LLC (6598) and SilverRock Phase I, LLC (2247). The location of the Debtors' principal place of business and the
Debtors' mailing address is 343 Fourth Avenue, San Diego, CA 92101.
2 Capitalized terms not defined herein are defined in the Motion.
1
R6
interest of the Debtors, their estates, and their creditors and other parties in interest; and after
due deliberation and sufficient cause appearing therefore
IT IS HEREBY ORDERED THAT:
1) The Motion is GRANTED as set forth herein.
2) The Exclusive Filing Period is hereby extended through and including April 3, 2025,
pursuant to section 1121(d) of the Bankruptcy Code.
3) The Exclusive Solicitation Period is hereby extended through and including June 3,
2025, pursuant to section 1121(d) of the Bankruptcy Code.
4) This Order is without prejudice to the Debtors' right to seek further extensions of the
Exclusivity Periods.
5)I) v
5) The terms and conditions of this Order shall be immediately effective and
enforceable upon its entry.
6) 7) The Court shall retain jurisdiction with respect to all matters arising from or related
to the interpretation or implementation of this Order.
2
1,}=1 32 4l -L 1v.-1-RI,FI 32131825v 1
Exhibit B
(Clean Version)
IN THE UNITED STATES BANKRUPTCY COURT
FOR TIIE DISTRICT OF DELAWARE
Chapter 11
Case No. 24-11647 (MFW)
(Jointly Administered)
Re: Docket No. 236
In re:
SilverRock Development Company, et al.,
Debtors)
I
ORDER GRANTING DEBTORS' MOTION FOR ENTRY OF AN ORDER
EXTENDING THESE EXCLUSIVITY PERIODS BY FOUR MONTHS
Upon the motion (the "Motion")2 of the above -captioned debtors and debtors in
possession (the "Debtors"), pursuant to section 1121(d) of the Bankruptcy Code and Local
Rule 9006-2, extending the exclusive period during which the Debtors have the exclusive right
to file a chapter 11 plan (the "Exclusive Filing Period") by four months through and including
April 3, 2025, and extending the period during which the Debtor has the exclusive right to
solicit acceptances thereof (the "Exclusive Solicitation Period" and together with the
Exclusive Filing Period, the "Exclusivity Periods") by four months through and including June
3, 2025, and due and sufficient notice of the Motion having been given under the
circumstances; and it appearing that no other or further notice need be provided under the
circumstances; and it appearing that the relief requested by this Motion is in the best interest
of the Debtors, their estates, and their creditors and other parties in interest; and after due
deliberation and sufficient cause appearing therefore
IT IS HEREBY ORDERED TIIAT:
The Debtors in these chapter 11 cases, along with the last four digits of each Debtor's federal tax identification
number, as applicable, are: SilverRock Development Company, LLC (5730), RGC PA 789, LLC (5996),
SilverRock Lifestyle Residences, LLC (0721), SilverRock Lodging, LLC (4493), SilverRock Luxury Residences,
LLC (6598) and SilverRock Phase I, LLC (2247). The location of the Debtors' principal place of business and the
Debtors' mailing address is 343 Fourth Avenue, San Diego, CA 92101.
2 Capitalized terms not defined herein are defined in the Motion.
1
RLF 132131825v.1
1) The Motion is GRANTED as set forth herein.
2) The Exclusive Filing Period is hereby extended through and including April 3, 2025,
pursuant to section 1121(d) of the Bankruptcy Code.
3) The Exclusive Solicitation Period is hereby extended through and including June 3,
2025, pursuant to section 1121(d) of the Bankruptcy Code.
4) This Order is without prejudice to the Debtors' right to seek further extensions of the
Exclusivity Periods.
5) The terms and conditions of this Order shall be immediately effective and
enforceable upon its entry.
6) The Court shall retain jurisdiction with respect to all matters arising from or related
to the interpretation or implementation of this Order.
RLF 132131825v.I