Amiral Holdings SAS v XpresSpa Holdings LLC and MistralCapital Management LLC

Motion No: M-6370

Slip Opinion No: 2016 NYSlipOp 96103(U)

Decided on December 20, 2016

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

December 20, 2016

Amiral Holdings SAS,

Plaintiff-Appellant,

v

XpresSpa Holdings LLC and MistralCapital Management LLC, Defendants-Respondents,

-and-

Bruce Berstein,

Defendant.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about November 21, 2016, And an order of this Court having been entered on December 15, 2016 (M-6031), inter alia, enjoining defendants from taking any steps to consummate a proposed merger agreement between XpresSpa Holdings and non-party FORM Holdings on condition that plaintiff extends a bridge loan to defendant XpresSpa Holdings in the amount of $4 million by December 22, 2016, to fund defendant's ongoing operations during the pendency of the appeal, that plaintiff posts an undertaking in the amount of $6.5 million (inclusive of the undertaking already posted) by December 22, 2016, and on further condition that plaintiff perfects its appeal on or before January 30, 2017 for the April 2017 Term, And plaintiff-appellant Amiral Holding SAS having moved for an extension of time to meet the deadlines set in our December 15, 2016 order, and for other relief [M-6361], And defendant Bruce Bernstein, President of Rockmore Capital, LLC and Rockmore Investment Master Fund Ltd. (the Rockmore corporate entities), having cross-moved for leave to allow the Rockmore corporate entities to intervene for the limited purpose of opposing the motion [M-6370], Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion and cross motion are denied. ENTERED: December 20, 2016

_____________________ DEPUTY CLERK

Present - Hon. Angela M. Mazzarelli,Justice Presiding, Rolando T. Acosta Richard T. Andrias Paul G. Feinman Troy K. Webber,Justices

M-6370

M-6361

Index No. 654051/16