HomeMy WebLinkAbout2026-05-08 Global Plan Settlement Term SheetCase 24-11647-MFW Doc 1107 Filed 05/08/26 Page 1 of 3
In re:
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
Chapter 11
SILVERROCK DEVELOPMENT COMPANY,
LLC, et al., Case No.: 24-11647 (MFW)
Debtors.' I (Jointly Administered)
Ref. Docket No. 952
NOTICE OF FILING OF GLOBAL PLAN SETTLEMENT TERM SHEET
PLEASE TAKE NOTICE that, on April 8, 2026, the above -captioned debtors and debtors
in possession (each, a "Debtor" and collectively, the "Debtors") filed the First Amended Combined
Disclosure Statement and Joint Chapter 11 Plan of Liquidation of SilverRock Development
Company, LLC and its Debtors Affiliates [Docket No. 952] (as the same may be amended,
supplemented, revised, or otherwise modified from time to time, the "First Amended Plan")2 with
the United States Bankruptcy Court for the District of Delaware (the "Court").
PLEASE TAKE FURTHER NOTICE that following the filing of the First Amended
Plan, the Debtors and multiple parties in interest engaged in extensive good -faith negotiations
regarding the First Amended Plan, which culminated in that certain Global Plan Settlement Term
Sheet, a copy of which is attached hereto as Exhibit A (the "Global Settlement") by and among
(i) the Debtors; (ii) the City of La Quinta, California; (iii) Construction Loan Services II, LLC
d/b/a Builders Capital, as lender and agent; (iv) R.D. Olson Construction, Inc., for itself and as the
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 used but not otherwise defined herein shall have the meanings ascribed to them in the First
Amended Combined Disclosure Statement and Plan.
Case 24-11647-MFW Doc 1107 Filed 05/08/26 Page 2 of 3
holder of the claim filed by Gauston Corporation; (v) Poppy Bank; (vi) SilverRock Resort
Investment, LLC and SilverRock Resort Investment M, LLC, two subsidiaries of First Pathways
Partners, LLC; (vii) Keillor Capital, as servicer on behalf of and together with creditors RAF
Pacifica Loan Opportunity Fund I, LLC and The Arnold Fishman Revocable Trust dated July 15,
1999; (viii) the Traub Family Revocable Trust dated January 22, 2015 and SR Land II, LLC;
(ix) Rowan Incorporated d/b/a Rowan Electric; (x) Granite Construction Company; and
(xi) White's Steel, Inc.
PLEASE TAKE FURTHER NOTICE that the Debtors intend to file a further revised
chapter 11 plan that, among other things, incorporates the Global Settlement.
2
Case 24-11647-MFW Doc 1107 Filed 05/08/26 Page 3 of 3
Dated: May 8, 2026 WILSON SONSINI GOODRICH & ROSATI, P.C.
Wilmington, Delaware
Is/Erin R. Fay
Erin R. Fay (No. 5268)
Shane M. Reil (No. 6195)
Catherine C. Lyons (No. 6854)
222 Delaware Avenue, Suite 800
Wilmington, Delaware 19801
Telephone: (302) 304-7600
E-mails: efay@wsgr.com
sreil@wsgr.com
clyons@wsgr.com
-and-
LAW OFFICES OF BENJAMIN M. CARSON, P.C.
Benjamin M. Carson (admitted pro hac vice)
5965 Village Way, Suite E105
San Diego, California 92130
Telephone: (858) 255-4529
E-mail: ben@benjamincarson.com
-and-
Victor A. Vilaplana (admitted pro hac vice)
823 La Jolla Rancho Road
La Jolla, California 92037
Telephone: (619) 840-4130
Email: vavilaplana@gmail.com
Counsel to the Debtors
and Debtors -in -Possession
3
Case 24-11647-MFW Doc 1107-1 Filed 05/08/26 Page 1 of 10
EXHIBIT A
Global Plan Settlement Term Sheet
Case 24-11647-MFW Doc 1107-1 Filed 05/08/26 Page 2 of 10
Execution Version
Global Plan Settlement Term Sheet
The following parties: (i) SilverRock Development Company, LLC and its affiliated
debtors and debtors in possession (collectively, the "Debtors"); (ii) the City of La Quinta,
California (the "Lily"); (iii) Construction Loan Services II, LLC d/b/a Builders Capital, as lender
and agent ("Builders Capital"); (iv) R.D. Olson Construction, Inc., for itself and as the holder of
the claim filed by Gauston Corporation ("RDO"); (v) Poppy Bank ("Poppy"); (vi) SilverRock
Resort Investment, LLC and SilverRock Resort Investment M, LLC, two subsidiaries of First
Pathways Partners, LLC (collectively, the "EB-5 Lenders"); (vii) Keillor Capital, as servicer on
behalf of and together with creditors RAF Pacifica Loan Opportunity Fund 1, LLC and The Arnold
Fishman Revocable Trust dated July 15, 1999 (together, "Keillor"); (viii) the Traub Family
Revocable Trust dated January 22, 2015 and SR Land 11, LLC (together, the "Traub Parties");
(ix) Rowan Incorporated d/b/a Rowan Electric ("Rowan'); (x) Granite Construction Company;
and (xi) White's Steel, Inc. (collectively, (iii)-(xi), the "Settling Creditors" and together with the
Debtors and the City, the "Parties") have engaged in good faith and arm's length negotiations,
culminating in the Parties' agreement on a settlement of certain matters between them as described
below (the "Global Settlement"). The terms of the Global Settlement will be reflected in an
amended version of the Debtors' combined disclosure statement and chapter 11 plan (the "Plan")'
and provide for the resolution of all disputes, claims, and controversies between the Parties related
to the Plan and as set forth herein.
THIS AGREEMENT IS THE PRODUCT OF SETTLEMENT DISCUSSIONS
AMONG THE PARTIES. ACCORDINGLY, THIS AGREEMENT IS PROTECTED BY
RULE 408 OF THE FEDERAL RULES OF EVIDENCE AND ANY OTHER APPLICABLE
STATUTES OR DOCTRINES PROTECTING THE USE OR DISCLOSURE OF
CONFIDENTIAL SETTLEMENT DISCUSSIONS.
NOTHING CONTAINED HEREIN SHALL BE AN ADMISSION OF FACT OR
LIABILITY. THIS AGREEMENT SHALL BE DEEMED BINDING ON THE PARTIES
HERETO AND EFFECTIVE UPON THE RELEASE OF ALL PARTIES' SIGNATURES
TO THIS AGREEMENT (SUCH DATE, THE "AGREEMENT EFFECTIVE DATE"), IT
BEING UNDERSTOOD THAT THE DEBTORS' AGREEMENT MUST BE APPROVED
BY THE COURT, AND THE CITY'S AGREEMENT MUST BE APPROVED BY THE LA
QUINTA CITY COUNCIL AT A DULY NOTICED PUBLIC MEETING. THIS
AGREEMENT SHALL BE BINDING UPON THE NON -DEBTOR PARTIES AS OF THE
AGREEMENT EFFECTIVE DATE AND SHALL BE APPROVED BY THE
BANKRUPTCY COURT AS A PART OF PLAN CONFIRMATION. UNLESS
OTHERWISE STATED, THE VARIOUS AGREEMENTS SHALL BECOME EFFECTIVE
AS OF THE PLAN EFFECTIVE DATE.
The Global Settlement shall be:
I All capitalized undefined terms used herein shall have the meaning set forth in the Plan.
Case 24-11647-MFW Doc 1107-1 Filed 05/08/26 Page 3 of 10
Structure of Global settlement terms shall be reflected in an amended version of
Settlement/Pending Plan and presented for approval in connection with Plan confirmation
Matters and on May 21, 2026. Confirmation of the Plan must occur by May 29,
Deadlines 2026, and the Effective Date of the Plan must occur by June 15, 2026.
The structure contained herein does not include a surcharge against the
Settling Creditors' claims and liens.
The Settling Creditors will support the Plan as revised consistent with
this Global Settlement and not object to such Plan.
The Agreement Effective Date shall occur not later than May 8, 2026.
The amended version of the Plan incorporating this Agreement shall be
filed as soon as possible and not later than Monday, May 11, 2026. The
Allocation Motion and all pending discovery regarding the Plan and
Allocation Motion shall be indefinitely stayed as of May 6, 2026 and
withdrawn without prejudice as of the filing of this Global Settlement.
The Voting Deadline and Plan objection deadline extended to 4pm on
May 13, 2026. Creditors may transmit ballots to the Voting Agent by
electronic mail to Erin Fay and Catherine Lyons at efay@wsgr.com and
clyons@wsgr.com by such deadline. Consistent with paragraph 18(f) of
the Interim Approval and Procedures Order (as defined in the Plan), any
creditor that previously submitted a completed Ballot to the Voting
Agent may revoke such Ballot and change its vote by submitting a
replacement Ballot consistent with the terms hereof.
Key Plan All issues related to valuation and the allocation of proceeds of the Sale,
Amendments as well as the priority, extent and validity of liens, claims and interests
against the Debtors, their assets, and the Sale proceeds, including
without limitation those of the Settling Creditors (the "Remaining
Disputes'), shall be preserved and subject to determination by further
order of the Court or as agreed between the creditors.
The Sale proceeds, net of the payments permitted to be made under the
Sale Order, including U.S. Trustee Quarterly Fees, shall be disbursed to
and held in a segregated interest -bearing account by the Litigation Trust
for payment to creditors and SR Land II, LLC in its capacity as holder
of the SR Land TIC Interest (as defined in the Allocation Motion), as
determined by the Court or resolved among such parties; for the
avoidance of doubt, all rights and arguments of any party or creditor,
including the Settling Creditors, are reserved with regard to the
Remaining Disputes and disbursement of the Sale Proceeds.
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Case 24-11647-MFW Doc 1107-1 Filed 05/08/26 Page 4 of 10
Additional classes of secured creditors may be added for creditors who
were otherwise voting as general unsecured claimants on account of
being fully undersecured pursuant to the Allocation Motion. For the
avoidance of doubt, any additional classes of secured creditors that may
be added to the Plan will be treated consistent with this Global
Settlement (i.e., the recovery for such creditors shall be determined
pursuant to subsequent proceedings between the creditors related to
allocation, claims, and the priority, extent, and validity of any liens shall
be reserved).
Professional Fee Claims shall be reduced on a pro rata basis to not
exceed the sum of unencumbered cash on hand, the remainder of the
Wind Down Expense Contribution and the portion of the City
Additional Funding that is not earmarked for the Litigation Trust
Funding.
The EB-5 Settlement shall be withdrawn and removed.
The Plan shall not allow any claims.
The treatment for all asserted secured creditors, including all Settling
Creditors, shall be substantially similar to the following:
Subject to final resolution or determination of the Remaining
Disputes, and as soon as reasonably practicable thereafter, except
to the extent that the Holder of the [X] Secured Claim and the
Debtors or the Litigation Trustee, as applicable, agree to less
favorable treatment for such Holder, the Holder of the [X] Secured
Claim will receive, in exchange for full and final satisfaction of
such Claim, payment in full of the Allowed amount of such Claim
in Cash. For the avoidance of doubt, any Deficiency Claim of the
Holder of the [X] Secured Claim shall constitute a Class [X]
General Unsecured Claim.
The Litigation Trustee shall be selected by the Debtors. The Litigation
Trustee and the Debtors shall negotiate the initial funding amount for
the Litigation Trust, which amount shall be paid out of the City
Additional Funding. The Litigation Trust Agreement shall be revised
consistent with any reasonable requirements of the proposed Litigation
Trustee. The Litigation Trustee shall hire counsel and assert, settle, or
abandon Causes of Action preserved to the Litigation Trust, all at the
Litigation Trustee's sole and absolute discretion.
Poppy shall receive first priority Litigation Trust distributions as set
forth in the Backstop Indemnity section below. All general unsecured
creditors (including the Settling Creditors with respect to any
-3-
Case 24-11647-MFW Doc 1107-1 Filed 05/08/26 Page 5 of 10
deficiency claims) shall share pro rata and pari passu in second priority
Litigation Trust distributions.
Builders' Sale Order
The appeal pending before the United States District Court of the
Appeal
District of Delaware captioned Construction Loan Services H, LLC u
SilverRock Development Company, LLC, et al., C.A. No. 25-01342-
CFC (D. Del. 2025) (the "Appeal") shall be dismissed with prejudice
on terms mutually agreeable to the parties to the Appeal.
Backstop Indemnity
On the Effective Date of the Plan and consistent with the terms of this
Global Settlement, Poppy, the Debtors and the Litigation Trustee shall
have no recourse against the City related to or on account of the
Backstop Indemnity (as defined by the Final DIP Order and as modified
in the DIP Amendment Order) and the City shall have no further
obligations with respect to the same.
In exchange for relief from the Backstop Indemnity, the City shall direct
the Debtors to pay Poppy in cash the amount of, and release its interest
in, $1,190,000 held by the Debtors in escrow for the benefit of the City
as DIP Lender pursuant to paragraph 5 of the DIP Amendment Order
(the "Backstop Settlement Pam") on the Effective Date and the
City shall direct that Poppy receive the first priority distribution interest
in the Litigation Trust to the extent of the first priority interest the City
as DIP Lender would be entitled, in an amount not to exceed
$2,060,000.
For purposes of clarity, confirmation of the Plan shall not terminate the
rights, obligations, and defenses under the Final DIP Order and the DIP
Amendment Order as it related to the Backstop Indemnity, other than
as expressly modified by the provisions set forth herein (which in all
events transfers the City's liability, if any, solely and exclusively to the
Litigation Trust, relieving the City of any payment obligation with
respect to the Backstop Indemnity).
The Backstop Settlement Payment and all payments received by Poppy
from the Litigation Trust on account of it stepping into the City's first
priority interest as DIP Lender shall be applied to reduce the amount of
Poppy's liens asserted against the parcels that were subject to the
Backstop Indemnity.
Additional City
Subject to the occurrence of the timely confirmation and Effective Date
Funding Matters
of the Plan, the approval by the La Quinta City Council at a duly noticed
public meeting, the City's receipt of the releases referenced below, and
the dismissal of the Appeal, the City shall provide the consideration set
forth in this section. The City shall fund the remainder of the $2 million
of the Wind Down Expense Contribution as defined in the DIP
-4-
Case 24-11647-MFW Doc 1107-1 Filed 05/08/26 Page 6 of 10
Amendment Order [Docket No. 760]) for costs and fees in the DIP
Budget.
The City shall fund an additional amount of $1,050,000 which shall be
used to provide initial funding for the Litigation Trust and to pay
additional administrative claims required under the Plan (the "City
Additional Funding").
Upon the Effective Date of the Plan, the City shall not be entitled to
further payments from the Debtors or the Litigation Trust (i.e., the City
will waive or assign to Poppy any repayment rights related to the Wind
Down Expense Contribution, the Backstop Settlement Payment, the
City Additional Funding and any other amounts under the DIP Credit
Facility).
The City Settlement Contribution shall be removed from the Plan.
Following the Plan Effective Date, other than the presently unfunded
portion of the Wind Down Expense Contribution, the City Additional
Funding and the release of its interest in the escrowed funds to be used
for the Backstop Settlement Payment, the City shall have no further or
other funding or other obligations related to the Chapter 11 Cases or the
Plan.
Releases The Debtors shall release the Settling Creditors for all Causes of Action
and all matters related to the Project, the Settling Creditors' respective
loans or liens, the Debtors, the Chapterl 1 Cases, the Sale, and the Plan;
provided, however, that the Parties' rights are reserved with respect to
discovery in connection with proceedings to determine the Remaining
Disputes.
Further, all Settling Creditors and the Debtors shall release the City (and
if requested, the Buyer) and their properties pursuant to a form of
release substantially consistent with the form of release included in the
Plan Supplement, as modified for consistency with the Global
Settlement, or as agreed to by the Settling Creditor and the City or
Buyer, as applicable; provided, however, that all Parties' rights are
reserved with respect to discovery in connection with proceedings to
determine the Remaining Disputes under the Bankruptcy Rules and the
Federal Rules of Civil Procedure; provided, further, however, that the
Settling Creditors' rights to submit requests under the California Public
Records Act ("CPRA") or similar state or federal statutes related to the
Project, the Debtors, the Plan, the Sale, the adversary proceeding,
and/or the Bankruptcy Cases are waived and released.
Other releases by Debtors and exculpation to remain as set forth in the
Plan.
-5-
Case 24-11647-MFW Doc 1107-1 Filed 05/08/26 Page 7 of 10
IN WITNESS WHEREOF, the Parties by and through their duly authorized respective counsel
hereby execute this Global Settlement as of the date first written below, intending to be legally
bound.
Dated: May 8, 2026
WILSON SONSINI GOODRICH &
ROSATI, P.C.
Erin R. F
Erin R. Fay (No. 5268)
Shane M. Reil (No. 6195)
Catherine C. Lyons (No. 6854)
222 Delaware Avenue, Suite 800
Wilmington, Delaware 19801
Telephone: (302) 304-7600
Emails: efay@wsgr.com
sreil@wsgr.com
clyons@wsgr.com
-and-
LAW OFFICES OF BENJAMIN M.
CARSON, P.C.
Benjamin M. Carson (admitted pro hac vice)
5965 Village Way, Suite E105
San Diego, California 92130
Telephone: (858) 255-4529
Email: ben@benjamincarson.com
-and-
Victor A. Vilaplana (admitted pro hac vice)
823 La Jolla Rancho Road
La Jolla, California 92037
Telephone: (619) 840-4130
Email: vavilaplana@gmail.com
Counsel to the Debtors and Debtors in
Possession
PASHMAN STEIN WALDER HAYDEN P.C.
/s/ Richard W. Riley
Richard W. Riley (No. 4052)
824 N. Market Street, Suite 800
Wilmington, Delaware 19801
Telephone: (302) 327-6790
Email: rriley@pashmanstein.com
-and-
WHITEFORD, TAYLOR & PRESTON LLP
Bradford F. Englander (admitted pro hac vice)
David W. Gaffey
3190 Fairview Park Drive, Suite 800
Falls Church, Virginia 22042-4510
Telephone: (703) 280-9260
Email: benglander@whitefordlaw.com
dgaffey@whitefordlaw.com
-and-
RUTAN & TUCKER LLP
William H. Ihrke (admitted pro hac vice)
Roger F. Friedman (admitted pro hac vice)
Samantha Lamm
Travis Van Ligten
18575 Jamboree Road, 9th Floor
Irvine, CA 92612
Telephone: (714) 641-5100
Emails: bihrke@rutan.com
rfriedman@rutan.com
slamm@rutan.com
tvanligten@rutan.com
Counsel to the City of La Quinta, California
Case 24-11647-MFW Doc 1107-1 Filed 05/08/26 Page 8 of 10
POLSINELLI PC
/s/ Stephen A. Smith
Stephen A. Smith (No. 7456)
222 Delaware Avenue, Suite 1101
Wilmington, Delaware 19801
Telephone: (302) 252-0920
Email: sasmith@polsinelli.com
-and-
Michael L. Schuster (admitted pro hac vice)
1401 Lawrence Street, Suite 2300
Denver, Colorado 80202
Telephone: (720) 831-1188
Email: mschuster@polsinelli.com
-and-
PACHULSKI STANG ZIEHL & JONES
LLP
James E. O'Neill
919 North Market Street, 17th Floor
Wilmington, Delaware 19899-8705
Telephone: (302) 652-4100
Email: joneill@pszjlaw.com
-and-
Ira D. Kharasch (admitted pro hac vice)
Gregory V. Demo (admitted pro hac vice)
Jordan A. Kroop (admitted pro hac vice)
1700 Broadway, 36th Floor
New York, New York 10019
Telephone: (212) 561-7700
Emails: ikharasch@pszjlaw.com
gdemo@pszjlaw.com
jkroop@pszjlaw.com
Counsel to Construction Loan Services H,
LLC d1b/a Builders Capital
SAUL EWING LLP
/s/ Mark Minuti
Mark Minuti (No. 2659)
Monique B. DiSabatino (No. 6027)
Paige N. Topper (No. 6470)
1201 N. Market Street, Suite 2300
P.O. Box 1266
Wilmington, Delaware 19899
Telephone: (302) 421-6800
Emails: mark.minuti@saul.com
monique.disabatino@saul.com
paige.topper@saul.com
-and-
ABBEY, WEITZENBERG, WARREN &
EMERY
Mitchell B. Greenberg (admitted pro hac vice)
100 Stony Point Rd., Suite 200
Santa Rosa, California 95401
Telephone: (707) 542-5050
Email: mgreenberg@abbeylaw.com
-and-
STOEL RIVES LLP
John S. Kaplan (admitted pro hac vice)
600 University Street, Suite 3600
Seattle, Washington 98101
Telephone: (206) 386-7524
Email: john.kaplan@stoel.com
-and-
Kirsten Worley (admitted pro hac vice)
501 West Broadway, Suite 2000
San Diego, California 92101
Telephone: (858) 602-4909
Email: kirsten.worley@stoel.com
Counsel to Poppy Bank
-7-
Case 24-11647-MFW Doc 1107-1 Filed 05/08/26 Page 9 of 10
CLARK HILL PLC LAW OFFICE OF SUSAN E. KAUFMAN,
Is/ Karen M. Gr
Karen M. Grivner (No. 4372)
824 N. Market St., Suite 710
Wilmington, Delaware 19801
Telephone: (302) 250-4750
Email: kgrivner@clarkhill.com
-and-
HUSCH BLACKWELL LLP
Michael A. Brandess (admitted pro hac vice)
120 South Riverside Plaza, Suite 2200
Chicago, Illinois 60606
Telephone: (302) 526-1542
Email:
michael.brandess@huschblackwell.com
-and-
Morgan A. Hutchinson (admitted pro hac
vice)
4801 Main Street, Suite 1000
Kansas City, Missouri 64112
Telephone: (816) 983-8193
Email:
morgan.hutchinson@huschblackwell.com
Counsel to SilverRock Resort Investment,
LLC and SilverRock Resort Investment M,
LLC
LLC
Is/ Susan E. Kaufman
Susan E. Kaufman (No. 3381)
919 North Market Street, Suite 460 Wilmington,
Delaware 19801
Telephone: (302) 472-7420
Email: skaufman@skaufmanlaw.com
-and-
BARCLAY DAMON LLP
Ilan Markus (admitted pro hac vice)
555 Long Wharf Drive, Sixth Floor
New Haven, Connecticut 06511
Telephone: (203) 672-2611
Email: imarkus@barclaydamon.com
-and-
FINCH, THORNTON & BAIRD, LLP
Andrea L. Petray (admitted pro hac vice)
Lindsey C. Herzik (admitted pro hac vice)
P. Randolph Finch Jr. (admitted pro hac vice)
4747 Executive Drive
San Diego, California 92121
Telephone: (858) 737-3100
Email: apetray@ftblaw.com
lherzik@ftblaw.com
pfinch@ftblaw.com
Counsel to Granite Construction Company
-8-
Case 24-11647-MFW Doc 1107-1 Filed 05/08/26 Page 10 of 10
YOUNG CONAWAY STARGATT &
TAYLOR, LLP
/s/ S. Alexander Faris
Kenneth J. Enos (No. 4544)
S. Alexander Faris (No. 6278)
Rodney Square
1000 N. King Street
Wilmington, Delaware 19801
Telephone: (302) 571-6600
Email: kenos@ycst.com
afaris@ycst.com
BENESCH, FRIEDLANDER, COPLAN &
ARONOFF LLP
Is/Juan Martinez
John C. Gentile (No. 6159)
Juan Martinez (No. 6863)
1313 N. Market Street, Suite 1201
Wilmington, Delaware 19801
Telephone: (302) 442-7010
Emails: jgentile@beneschlaw.com
jartinez@beneschlaw.com
Counsel to Rowan Incorporated d/b/a Rowan
Counsel to The Traub Family Revocable Electric and White's Steel, Inc.
Trust, dated January 22, 2015 and SilverRock
Land H,, LLC
GREENBERG TRAURIG, LLP
Is/Anthony W. Clark
Anthony W. Clark (No. 2051)
Lisa M. Zwally (No. 4328)
222 Delaware Avenue, Suite 1600
Wilmington, Delaware 19801
Telephone: 302-661-7000
Email: anthony.clark@gtlaw.com
Lisa.Zwally@gtlaw.com
Counsel to RAF Pacifica Loan Opportunity
Fund I, LLC and Arnold Fishman, as Trustee
of The Arnold Fishman Revocable Trust
dated July 15, 1999, and their servicing
agent, Keillor Capital, Inc.
POTTER ANDERSON & CORROON LLP
/s/James R. Risener, III
James R. Risener, III (No. 7334)
1313 North Market Street, 6th Floor
Wilmington, Delaware 19801
Telephone: (302) 984-6000
Email: jrisener@potteranderson.com
-and-
WATT, TIEDER, HOFFAR &
FITZGERALD, LLP
Jennifer L. Kneeland (admitted pro hac vice)
Marguerite Lee DeVoll (admitted pro hac vice)
1765 Greensboro Station Place, Suite 1000
McLean, Virginia 22102
Telephone: (703)749-1000
Email: jneeland@watttieder.com
mdevoll@watttieder.com
Counsel to R.D. Olson Construction, Inc., for
itself and as the holder of the claim of Gauston
Corporation
In