December 8th, 2020 Jovita Carranza US Small Business Administration 409 3rd St, SW Washington DC 20416

Dear Administrator Carranza and Deputy Secretary Muzunich, UNITE HERE, the hotel workers union, represents workers in eight Omni hotels across the country. We write to urge you to apply strict scrutiny to any decisions by either Affiliated Bank or Origin Bank on any applications for forgiveness from affiliates of Omni Hotels. Omni affiliates received 32 loans totaling around $76 million. We have direct knowledge of the uses of five such loans, and believe that the conditions that apply under those loans may apply to other PPP loans to Omni affiliates. The loans in questions are:

• New Haven Tenant, LLC (operating as Omni New Haven): $1.81 million with Origin Bank as lender;

• Omni Boston Corporation (operating as Omni Parker House): $3.91 million with Origin Bank as lender;

• Omni Pittsburgh Corporation (operating as Omni Willian Penn): $3.56 million with Affiliated Bank as lender;

• Omni Rhode Island, LLC (operating as Omni Providence): $2.64 million with Origin Bank as lender;

• Omni San Francisco Corporation (operating as Omni San Francisco): $3.01 million with Affiliated Bank as lender;

Despite being approved for these loans, these properties have not been fully operating. Three of them – Omni Providence, Omni San Francisco and Omni William Penn – are temporarily closed, and none of our members have been rehired or paid by the hotel. The Omni New Haven and Omni Parker House only recently reopened without all of their facilities, and the hotels have failed to recall more than 80% of our members who work at the hotels. As you know, the PPP was created by the federal government to help businesses maintain employment levels during the COVID-19 pandemic. The failure of these hotels to rehire their employees has financially harmed our members and created great uncertainty for them and their families. So far, we have not received commitments from Omni to use the loans to fully rehire the workers we represent.

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The publicly available evidence indicates that the five aforementioned Omni hotels are not eligible for full PPP loan forgiveness. We urge the SBA to closely scrutinize whether these employers have acted in accordance with the PPP requirements, especially if they apply for forgiveness. Given the consistency of the pattern in hotels in which UNITE HERE represents Omni workers, we urge the SBA to scrutinize the entire portfolio of loans granted to Omni through its hotel affiliates. The combined principal of these loans was around $76 million, making Omni one of, if not the largest recipient of such loans under the exception granted by Congress that allows large hospitality companies to apply as “small businesses” on a site-by-site basis. A list of those loans made to Omni which we were able to identify is attached. Finally, we urge SBA to scrutinize all forgiveness decisions by Affiliate and Origin banks. Of the 32 PPP loans received by Omni, 31 of them are from Affiliated and Origin, totaling around $74 million. Given the information available about the largest recipient of loans from the banks, the public interest would be served by examining all requests for forgiveness. In addition, Origin Bank originated PPP loans to Green Clinic Management Co., LLC and Green Clinic, LLC, totaling around $3.5 million. Green Clinic Ophthalmologist Gary Luffey sits on Origin’s Board. To express concerns on this matter, our local affiliates have sent letters to the general managers of the hotels, the two lending banks, and local SBA district directors. These letters are attached. Best Regards, Carlos Aramayo Executive Vice President UNITE HERE International Union CC: Hannibal Ware

Office of Inspector General 409 3rd Street, SW, Suite 7150 Washington, DC 20416

JohnMurthaGeneralManagerOmniParkerHouse60SchoolStreetBostonMA02108September28,2020DearMr.Murtha:Wearewritingtodayonbehalfof209workersattheOmniParkerHouserepresentedbyUNITEHERELocal26.BasedondatapublishedbytheDepartmentoftheTreasury,itisourunderstandingthat,throughOriginBank,thehotelwasapprovedforaPaycheckProtectionProgram(PPP)loanbetween$2-5million.AfterbeingapprovedforaPPPloan,theOmniParkerHousehasbeenopenandoperating.Toourknowledge,only20workerswerepresenthavebeenrehiredorpaidbythehotel.Theremainderoftheworkforcehavenotbeenpaid.The purpose of the PPP was to ensure that businesses keep workers employed, as theTreasuryDepartmenthasmadeclear.1Thisisalsoclearfromthefactthattheamountoftheloanisbasedontheborrower’smonthlypayrollcosts.2AspartoftheapplicationforaPPPloan,borrowerswererequiredtocertify:

“The funds will be used to retain workers andmaintain payroll ormakemortgageinterest payments, lease payments, and utility payments, as specified under thePaycheckProtectionProgramRule;Iunderstandthatifthefundsareknowinglyusedforunauthorizedpurposes,thefederalgovernmentmayholdmelegallyliable,suchasforchargesoffraud.”3

1https://home.treasury.gov/news/press-releases/sm9612Section1102(E)oftheCARESAct(H.R.748).https://www.congress.gov/bill/116th-congress/house-bill/748/text3PPPBorrowerApplicationFormrevised6/24/20,SmallBusinessAdministration.https://www.sba.gov/sites/default/files/2020-07/PPP-Borrower-Application-Form-508.pdf

101 Station Landing, 4th Floor Medford, MA 02155 Tel (617) 832-6699 Fax (617) 426-7684 172 Longfellow St. Providence, RI 02907 Tel (401) 528-1103 Fax (401) 528-1177

Toqualifyforfullforgivenessoftheloan,atleast60%ofthefundmustbeusedforpayroll.4Furthermore, forgiveness of the loan will be reduced proportionately to the borrowers’reductionofitsfull-timeworkforce,andtoreductioninthewagesthatthoseworkersearn.5Wethereforeurgethehoteltouseitsapprovedloanasdesignedandrestoreourmembers’employmentandpay.Bestregards,

CarlosAramayoPresidentUNITEHERELocal26

4https://www.sba.gov/funding-programs/loans/coronavirus-relief-options/paycheck-protection-program5https://www.sba.gov/funding-programs/loans/coronavirus-relief-options/paycheck-protection-program

TammyGobelGeneralManagerOmniProvidenceHotel1WestExchangeStreetProvidenceRI02903September28,2020DearMs.Gobel:Wearewritingtodayonbehalfof221workersattheOmniProvidenceHotelrepresentedbyUNITEHERELocal26.BasedondatapublishedbytheDepartmentoftheTreasury,itisourunderstandingthat,throughOriginBank,thehotelwasapprovedforaPaycheckProtectionProgram(PPP)loanbetween$2-5million.DespitebeingapprovedforaPPPloan,theOmniProvidencehasremainedclosed.Toourknowledge,noneoftheworkerswerepresenthavebeenrehiredorpaidbythehotel.The purpose of the PPP was to ensure that businesses keep workers employed, as theTreasuryDepartmenthasmadeclear.1Thisisalsoclearfromthefactthattheamountoftheloanisbasedontheborrower’smonthlypayrollcosts.2AspartoftheapplicationforaPPPloan,borrowerswererequiredtocertify:

“The funds will be used to retain workers andmaintain payroll ormakemortgageinterest payments, lease payments, and utility payments, as specified under thePaycheckProtectionProgramRule;Iunderstandthatifthefundsareknowinglyusedforunauthorizedpurposes,thefederalgovernmentmayholdmelegallyliable,suchasforchargesoffraud.”3

Toqualifyforfullforgivenessoftheloan,atleast60%ofthefundmustbeusedforpayroll.4Furthermore, forgiveness of the loan will be reduced proportionately to the borrowers’reductionofitsfull-timeworkforce,andtoreductioninthewagesthatthoseworkersearn.5

1https://home.treasury.gov/news/press-releases/sm9612Section1102(E)oftheCARESAct(H.R.748).https://www.congress.gov/bill/116th-congress/house-bill/748/text3PPPBorrowerApplicationFormrevised6/24/20,SmallBusinessAdministration.https://www.sba.gov/sites/default/files/2020-07/PPP-Borrower-Application-Form-508.pdf4https://www.sba.gov/funding-programs/loans/coronavirus-relief-options/paycheck-protection-program5https://www.sba.gov/funding-programs/loans/coronavirus-relief-options/paycheck-protection-program

101 Station Landing, 4th Floor Medford, MA 02155 Tel (617) 832-6699 Fax (617) 426-7684 172 Longfellow St. Providence, RI 02907 Tel (401) 528-1103 Fax (401) 528-1177

Wethereforeurgethehoteltouseitsapprovedloanasdesignedandrestoreourmembers’employmentandpay.Bestregards,

CarlosAramayoPresidentUNITEHERELocal26

September 24, 2020

Mr. Gino Caliendo

General Manager

Omni Hotel

530 William Penn Pl

Pittsburgh PA 15219-1820

Dear Mr. Caliendo:

We are writing today on behalf of 262 workers at the Omni William Penn represented by

UNITEHERE! Local 57. Based on data published by the Department of the Treasury, it is

our understanding that, through Affiliated Bank, the hotel was approved for a Paycheck

Protection Program (PPP) loan between $2-5 million. Despite being approved for a PPP

loan, the Omni William Penn has remained closed. To our knowledge, none of the

workers we represent have been rehired or paid by the hotel.

The purpose of the PPP was to ensure that businesses keep workers employed, as the

Treasury Department has made clear.1 This is also clear from the fact that the amount of

the loan is based on the borrower’s monthly payroll costs.1 As part of the application for a

PPP loan, borrowers were required to certify:

“The funds will be used to retain workers and maintain payroll or make mortgage interest

payments, lease payments, and utility payments, as specified under the Paycheck

Protection Program Rule; I understand that if the funds are knowingly used for

unauthorized purposes, the federal government may hold me legally liable, such as for

charges of fraud.”

To qualify for full forgiveness of the loan, at least 60% of the fund must be used for

payroll.1 Furthermore, forgiveness of the loan will be reduced proportionately to the

borrowers’ reduction of its full-time workforce, and to reduction in the wages that those

workers earn.

We therefore urge the hotel to use its approved loan as designed and restore our members’

employment and pay.

Best regards,

Susan Scattaregia

President

UNITEHERE! Local 57

October 9, 2020

Drake Mills President & CEO, Origin Bancorp 500 South Service Road East Ruston, LA 71270 dmills@origin.bank Dear Mr. Mills, I am writing in reference to a Paycheck Protection Program (PPP) loan made by Origin Bank to New Haven Tenant LLC, operating as the Omni New Haven at Yale. Despite being approved for this loan, the Omni New Haven was closed for months, only recently reopening without all of its facilities. To our knowledge, out of 116 workers at the hotel represented by UNITE HERE Local 217, only 18 are working and collecting a paycheck. Consequently, we believe that they should not qualify for complete forgiveness under the conditions of the PPP. The PPP was created by the federal government to help businesses maintain employment levels during the COVID-19 pandemic. The terms of forgiveness under the PPP clearly require that loan recipients rehire all of the full-time equivalent employees they employed prior to February 15, 2020, and that 60% of PPP funds be spent on payroll expenses. The Omni New Haven has failed to rehire all employees. Changes to the PPP since the CARES Act may have created confusion about whether and how rehiring must be done to qualify for forgiveness, but the exception is limited and does not apply to every full-time equivalent reduction in this instance. The PPP Flexibility Act created an exception in which borrowers can apply for forgiveness without rehiring all full-time equivalent employees that had been employed prior to February 15, 2020. This exception, the FTE Reduction Safe Harbor 1, is sometimes referred to as the ‘business activity level’ safe harbor. This safe harbor applies to borrowers that are unable to return to the same level of business activity they were engaged in prior to February 15, 2020 due to compliance with federal requirements/guidance between March 1, 2020 and December 31, 2020. However, this safe harbor only applies so long as a requirement or guidance promulgated by the Secretary of Health and Human Services, the Center for Disease Control, or the Occupational Safety and Health Administration prevented a borrower from operating their business. If a local government ordered a business to shut down, for example, and cited guidance from these agencies, then the safe harbor would apply. However, the local government did not order hotels to close. In cities all over the country, including in New Haven, hotels and co-located food and beverage outlets were able to operate with increased safety precautions. Even if the local government’s order reduced restaurant operations to takeout and delivery only, the orders allowed the hotel to continue operations as it had before.

Local

UNITEHERE! 425 College Street New Haven, CT 06511-6630

(203) 865-7315 Fax: (203) 776-6438

The fact that the Omni New Haven temporarily closed, and is now only partially open, was a business decision unrelated to federal guidance, and does not fall under the business activity level exception. Consequently, the publicly available evidence indicates that the Omni New Haven is not eligible for full PPP loan forgiveness. As the first reviewer of any applications for forgiveness, Origin Bank has a responsibility to ensure that PPP loan proceeds are used in accordance with Small Business Administration guidelines. Should this borrower apply for forgiveness, we urge you and the SBA to deny forgiveness to the extent that the borrower failed to rehire employees. Sincerely,

Constance Holt, Secretary-Treasurer

Hotel Hame LoanAmount BusinessName Address City State Zip NAICSCode BusinessType RaceEthnicityGender Veteran NonProfit JobsReportedDateApprovedLender CDOmni Frisco 1,933,000.00$ FRISCO SILVER STAR HOTEL COMPANY LLC 11 Cowboys Way FRISCO TX 75034 721110 Limited Liability Company(LLC) Unanswered Unanswered Unanswered 222 4/8/20 PNC Bank, National AssociationTX-26Omni Hotel at the Battery Atlanta 1,209,900.00$ GEORGIA BALLPARK HOTEL COMPANY, LLC 2625 CIRCLE 75 PKWY SE ATLANTA GA 30339 721110 Limited Liability Company(LLC) Unanswered Unanswered Unanswered 134 4/7/20 Origin Bank GA-06Omni Austin Hotel Downtown 1,761,270.00$ HCD AUSTIN CORPORATION 700 San Jacinto at 8th Street AUSTIN TX 78701 721110 Corporation Unanswered Unanswered Unanswered 198 4/10/20 Affiliated Bank, National AssociationTX-21Omni Chicago 2,430,700.00$ HCD CHICAGO CORPORATION 676 NORTH MICHIGAN AVE. CHICAGO IL 60611 721110 Corporation Unanswered Unanswered Unanswered 208 4/5/20 Affiliated Bank, National AssociationIL-07Omni Las Colinas 2,025,200.00$ HCD DALLAS CORPORATION 221 LAS COLINAS BLVD IRVING TX 75039 721110 Corporation Unanswered Unanswered Unanswered 246 4/6/20 Origin Bank TX-24Omni Houston 1,786,400.00$ HCD HOUSTON CORPORATION 4 RIVERWAY HOUSTON TX 77056 721110 Corporation Unanswered Unanswered Unanswered 226 4/7/20 Origin Bank TX-07Omni New Haven 1,811,000.00$ NEW HAVEN TENANT, LLC 155 TEMPLE ST NEW HAVEN CT 6510 721110 Limited Liability Company(LLC) Unanswered Unanswered Unanswered 178 4/13/20 Origin Bank CT-03Omni Bedford Springs Resort 2,709,590.00$ OMNI BEDFORD SPRINGS RESORT. LLC 2138 Business 220 BEDFORD PA 15522 721110 Limited Liability Company(LLC) Unanswered Unanswered Unanswered 422 4/10/20 Affiliated Bank, National AssociationPA-13Omni Berkshire Place 4,533,310.00$ OMNI BERKSHIRE CORPORATION 21 EAST 52ND STREET NEW YORK NY 10022 721110 Corporation Unanswered Unanswered Unanswered 279 4/5/20 Affiliated Bank, National AssociationNY-12Omni Boston 3,906,956.67$ OMNI BOSTON CORPORATION 60 School Street BOSTON MA 2108 721110 Corporation Unanswered Unanswered Unanswered 314 4/9/20 Origin Bank MA-08Omni Richmond 1,380,600.00$ OMNI CENTER CORPORATION 100 S 12 STREET RICHMOND VA 23219 721110 Corporation Unanswered Unanswered Unanswered 189 4/13/20 Origin Bank VA-04Omni Charlottesville 1,053,300.00$ OMNI CHARLOTTESVILLE VIRGINIA CORPORATION 212 RIDGE MCINTIRE RD CHARLOTTESVILLE VA 22903 721110 Corporation Unanswered Unanswered Unanswered 137 4/13/20 Origin Bank VA-05Omni Fort Worth 3,142,900.00$ OMNI FORT WORTH PARTNERSHIP, L.P. 1300 HOUSTON STREET FORT WORTH TX 76102 721110 Limited Liability Partnership Unanswered Unanswered Unanswered 424 4/5/20 Affiliated Bank, National AssociationTX-12Omni Interlocken 2,126,750.00$ OMNI INTERLOCKEN COMPANY, LLC 500 INTERLOCKEN BLVD BROOMFIELD CO 80021 721110 Limited Liability Company(LLC) Unanswered Unanswered Unanswered 285 4/13/20 Origin Bank CO-02Omni Jacksonville 1,153,700.00$ OMNI JACKSONVILLE CORPORATION 245 Water Street JACKSONVILLE FL 32202 721110 Corporation Unanswered Unanswered Unanswered 157 4/14/20 Origin Bank FL-05Omni La Mansion Del Rio 3,198,500.00$ OMNI LA MANSION CORPORATION 112 COLLEGE ST SAN ANTONIO TX 78205 721110 Corporation Unanswered Unanswered Unanswered 410 4/7/20 Origin Bank TX-35Omni Louisville 3,496,700.00$ OMNI LOUISVILLE, LLC 400 S 2ND ST LOUISVILLE KY 40202 721110 Limited Liability Company(LLC) Unanswered Unanswered Unanswered 447 4/9/20 Origin Bank KY-03Omni Scottsdale 3,699,800.00$ OMNI MONTELUCIA, LLC 4949 E LINCOLN DR SCOTTSDALE AZ 85253 721110 Limited Liability Company(LLC) Unanswered Unanswered Unanswered 415 4/9/20 Origin Bank AZ-06Omni William Penn 3,561,470.00$ OMNI PITTSBURGH CORPORATION 530 WILLIAM PEN PLACE PITTSBURGH PA 15219 721110 Corporation Unanswered Unanswered Unanswered 365 4/5/20 Affiliated Bank, National AssociationPA-18Omni Providence 2,640,300.00$ OMNI RHODE ISLAND, LLC 1 W EXCHANGE ST PROVIDENCE RI 2903 721110 Limited Liability Company(LLC) Unanswered Unanswered Unanswered 246 4/13/20 Origin Bank RI-01Omni San Francisco 3,011,590.00$ OMNI SAN FRANCISCO CORPORATION 500 California Street SAN FRANCISCO CA 94104 721110 Corporation Unanswered Unanswered Unanswered 245 4/10/20 Affiliated Bank, National AssociationCA-12Omni Shoreham 5,774,210.00$ OMNI SHOREHAM CORPORATION 2500 CALVERT STREET NW WASHINGTON DC 20008 721110 Corporation Unanswered Unanswered Unanswered 486 4/5/20 Affiliated Bank, National AssociationDC-00Omni Los Angeles 3,553,400.00$ RMMK-II, LLC 251 OLIVE ST LOS ANGELES CA 90012 721110 Limited Liability Company(LLC) Unanswered Unanswered Unanswered 294 4/6/20 Origin Bank CA-34Omni San Diego 2,399,800.00$ SAN DIEGO BALLPARK HOTEL COMPANY, LLC 675 L ST SAN DIEGO CA 92101 721110 Limited Liability Company(LLC) Unanswered Unanswered Unanswered 250 4/13/20 Origin Bank CA-53Omni Severin Hotel 1,417,040.00$ THE GEORGIA STREET HOTEL PARTNERSHIP, L.P. 40 W. Jackson Place INDIANAPOLIS IN 46225 721110 Limited Liability Partnership Unanswered Unanswered Unanswered 176 4/10/20 Affiliated Bank, National AssociationIN-07Omni Tucson National Resort 1,625,360.00$ TN&RS ACQUISITION, LLC 2727 W Club Drive TUCSON AZ 85742 721110 Limited Liability Company(LLC) Unanswered Unanswered Unanswered 244 4/10/20 Affiliated Bank, National AssociationAZ-02Omni Charlotte Hotel 1,353,700.00$ TRADE TRYON HOTEL COMPANY LLC 132 EAST TRADE STREET CHARLOTTE NC 28202 721110 Limited Liability Company(LLC) Unanswered Unanswered Unanswered 178 4/13/20 Origin Bank NC-12Omni Austin at Southpark 1,189,800.00$ TRT DEVELOPMENT COMPANY - AUSTIN 4140 GOVERNORS ROW AUSTIN TX 78744 721110 Corporation Unanswered Unanswered Unanswered 500 4/7/20 Origin Bank TX-35Omni Corpus Christi 2,286,300.00$ TRT DEVELOPMENT COMPANY - CCM 900 NORTH SHORELINE BLVD CORPUS CHRISTI TX 78401 721110 Corporation Unanswered Unanswered Unanswered 316 4/7/20 Origin Bank TX-27Omni Dallas at Park West $1,434,700.00 TRT DEVELOPMENT COMPANY - DALLAS 1590 LYNDON B JOHNSON FWYDALLAS TX 75234 237210 Corporation Unanswered Unanswered Unanswered 168 4/7/20 Origin Bank TX-24Omni San Antonio Hotel at the Colonnade1,311,100.00$ TRT DEVELOPMENT COMPANY - SAN ANTONIO 9821 COLONNADE BLVD SAN ANTONIO TX 78230 721110 Corporation Unanswered Unanswered Unanswered 167 4/7/20 Origin Bank TX-21Omni Houston Hotel at Westside 1,253,200.00$ TRT DEVELOPMENT COMPANY - WEST HOUSTON 13210 KATY FWY HOUSTON TX 77079 721110 Corporation Unanswered Unanswered Unanswered 170 4/7/20 Origin Bank TX-07Total 76,171,546.67$