EFTA00835632.pdf

From: "jeffrey E." <[email protected]> To: David Mitchell. Subject: Re: Life Hotel - Draft Third Amendment Date: Thu, 12 Apr 2018 01:08:08 +0000 I think you either call ladder yourself or tell them unless they provide the ladder agreement you will return their deposit On Wed, Apr 11, 2018 at 8:42 PM David Mitchell < wrote: DAVID MITCHELL Mitchell Holdings LLC 745 Fifth Avenue New York NY 10151 USA 1212-4864444 Begin forwarded message: From: "Paul M. Kade" < Date: April 11, 2018 at 6:12:10 PM EDT To: "Danow, Matthew" Cc: David Mitchell "Epstein, Victoria" • >, Yaniv Nakash "Amen ual, Randol h" , J Feldman Subject: Re: Life Hotel - Draft Third Amendment Matt: Yaniv Nakash and Martin Scharf have been working with Loren Biller of Ladder Capital and expect to get a firm loan commitment by tomorrow morning. I understand that this is the same firm that extended financing to David Mitchell.lender Messrs. Nakash and Scharf are ready to commit to the nonrefundable portion of the deposit and to pay the necessary commitment fee. However, I am leaving for a trip tomorrow afternoon and will be back on Tuesday (April 17) and my clients are uneasy about any last minute snags in my absence. Accordingly, we would like David Mitchell to give us another short extension to April 17 so that we can put everything in place without jeopardizing the deposit. Thank you for all your courtesies in this matter. Best regards, Paul EFTA00835632 On Tue, Apr 10, 2018 at 11:46 AM, Paul M. Kade < > wrote: Matt: Yaniv just spoke with David Mitchell about the where he stands with the loan commitment. Yaniv already has a term sheet, but is waiting for a firm loan commitment before allowing a portion of the deposit to become non-refundable. Note that he will also have to give the lender a $50,000 fee as well. We should hopefully know more by the end of today. We plan to contact you and David later once we receive the commitment. Best regards, Paul On The, Apr 10, 2018 at 10:55 AM, Danow, Matthew > wrote: Paul—. following up again. When will we receive the Buyer's signature to the Amendment? Thanks. From: Danow, Matthew Sent: Monday, April 09, 2018 1:24 PM To: 'Paul M. Kade'; David Mitchell Cc: Epstein, Victoria; Yaniv Nakash; Amengual, Randolph; 3 Feldman Subject: RE: Life Hotel - Draft Third Amendment Paul—I hope you had a nice weekend.. following up on the email traffic from last week. Will your client be signing the Amendment today? Thanks. Matt Matthew Danow, Esq. Katsky Korins LLP 605 Third Avenue New York New York 10158 Direct Dial: (212) 716-3312 Direct Fax (212) 716-3332 EFTA00835633 From: Paul M. Kade [mailto: Sent: Thursday, April 05, 2018 4:28 PM To: David Mitchell Cc: Danow, Matthew; Epstein, Victoria; Yaniv Nakash; Amengual, Randolph; 3 Feldman Subject: Re: Life Hotel - Draft Third Amendment Yaniv just has to speak with his partner and then they will both sign at the same time. On Thu, Apr 5, 2018 at 4:19 PM, David Mitchell < wrote: Yaniv directed this please DAVID MITCHELL Mitchell Holdings LLC 745 Fifth Avenue New York NY 10151 USA 1212-486-4444 On Apr 5, 2018, at 4:10 PM, Paul M. Kade < > wrote: Matt: Yaniv and his partner are both out of town and will be back on Monday to sign the amendment. They will be totally unavailable starting sundown tonight. Thank you for all your efforts! Best regards, EFTA00835634 Paul On Thu, Apr 5, 2018 at 3:50 PM, Danow, Matthew < > wrote: Paul—Please see the attached, revised Third Amendment, with the clean-up on Page 2 we discussed. If the attached document is acceptable, please have it executed by your client, and email me the signed document. Below caveats still apply. Regards, Matt From: Danow, Matthew Sent: Thursday, April 05, 2018 2:47 PM To: 'Paul M Kade' Cc: Epstein, Victoria; Yaniv Nakash; David Mitchell; Amengual, Randolph; Feldman Subject: Life Hotel - Draft Third Amendment Paul—Attached is a draft Third Amendment to the PSA, which reflects my clients understanding of the agreed upon revised terms of the sale. Please contact after you've reviewed the attached draft and discussed it with your client. Regards, Matt Please be advised that in the interest of expediency, I ant forwarding the attached document to you and our client simultaneously and accordingly, the attached document remains subject to any revisions our client may make. Neither the attached draft, nor any transactions, terms or conditions contained therein, shall be binding the parties unless and until a written agreement with respect to the same has been executed and delivered. Matthew Danow, Esq. Katsky Korins LLP 605 Third Avenue EFTA00835635 New York, New York 10158 Direct Dial: (212) 716-3312 Direct Fax (212) 716-3332 This e-mail and any attached file is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this email in error, please immediately notify us by calling Adam Rosenfeld at (212) 716-3245 or email to NOTICE: Unless a contrary intent is expressly stated in this email, the contents of this email and any attachments are being transmitted for discussion purposes only and shall not be deemed an offer, acceptance or rejection of any offer, nor binding upon the sender, our clients or the party on behalf of whom this email was sent. PAUL M. KADE, ESQ. LAW OFFICES OF PAUL M. 'CADE 9200 South Dadeland Blvd. Suite 410 Miami, Florida 33156-2712 Tel. (305) 670-6929 Fax (305) 670-9990 CONFIDENTIALITY WARNING: This communication, together with any attachments hereto or links contained herein, is from a law firm, is intended for the use of the intended recipient(s) only and may contain information that is confidential or legally privileged. If you are not the intended recipient, you arc hereby notified that any review, disclosure, copying, dissemination, distribution or use of this communication is STRICTLY PROHII3ITED. If you are not the intended recipient, please notify the sender immediately by return e-mail message and delete all copies of the original communication, along with any attachments hereto or links herein, from your system. Thank you for your cooperation. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including any attachments to this communication, is not intended or written to be used. and cannot be used. for the purpose of(i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication or any attachment to this communication. EFTA00835636  THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED MAY BE USED FOR THE PURPOSE OF COLLECTING A DEBT. PAUL M. KADE, ESQ. LAW OFFICES OF PAUL M. KADE 9200 South Dadeland Blvd. Suite 410 Miami, Florida 33156-2712 Tel. (305) 670-6929 Fax (305) 670-9990 CONFIDENTIALITY WARNING: This communication. together with any attachments hereto or links contained herein, is from a law rim is intended for the use of the intended recipient(%) only and may contain information that is confidential or legally privileged. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination. distribution or use of this communication is STRICTLY PROHIBITED. If you are not the intended recipient, please notify the sender immediately by return c-mail message and delete all copies of the original communication, along with any attachments hereto or links herein, from your system. Thank you for your cooperation. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including any attachments to this communication, is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication or any attachment to this communication. THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED MAY BE USED FOR THE PURPOSE OF COLLECTING A DEBT. This e-mail and any attached file is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this email in error, please immediately notify us by calling Adam Rosenfeld at (212) 716-3245 or email to NOTICE: Unless a contrary intent is expressly stated in this email, the contents of this email and any attachments I are being transmitted for discussion purposes only and shall not be deemed an offer, acceptance or rejection of any offer, nor binding upon the sender, our clients or the party on behalf of whom this email was sent. EFTA00835637  PAUL M. KADE, ESQ. LAW OFFICES OF PAUL M. KADE 9200 South Dadeland Blvd., Suite 410 Miami, Florida 33156-2712 Tel. (305) 670-6929 Fax (305) 670-9990 CONFIDENTIALITY WARNING: This communication, together with any attachments hereto or links contained herein, is from a law firm, is intended for the use of the intended recipient(s) only and may contain information that is confidential or legally privileged. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying. dissemination, distribution or use of this communication is STRICTLY PROHIBITED. If you are not the intended recipient, please notify the sender immediately by return e-mail message and delete all copies of the original communication, along with any attachments hereto or links herein. from your system. Thank you for your cooperation. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including any attachments to this communication. is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting. marketing or recommending to another party any transaction or matter addressed in this communication or any attachment to this communication. THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED MAY BE USED FOR THE PURPOSE OF COLLECTING A DEBT. PAUL M. KADE, ESQ. LAW OFFICES OF PAUL M. KADE 9200 South Dadeland Blvd., Suite 410 Miami, Florida 33156-2712 Tel. (305) 670-6929 Fax (305) 670-9990 CONFIDENTIALITY WARNING: This communication, together with any attachments hereto or links contained herein, is from a law firm. is intended for the use of the intended recipient(s) only and may contain information that is confidential or legally privileged. If you are not the intended recipient. you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of this communication is STRICTLY PROHIBITED. If you are not the intended recipient. please notify the sender immediately by return e-mail message and delete all copies of the original communication, along with any attachments hereto or links herein, from your system. Thank you for your cooperation. EFTA00835638  IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including any attachments to this communication, is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication or any attachment to this communication. THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED MAY BE USED FOR THE PURPOSE OF COLLECTING A DEBT. please note The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of JEE Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. copyright -all rights reserved EFTA00835639