Kingsland Holdings Limited in its v BRW Aviation LLC and BRW Aviation

Motion No: M-8020

Slip Opinion No: 2019 NYSlipOp 84532(U)

Decided on November 20, 2019

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.

November 20, 2019

Kingsland Holdings Limited, in its

capacity as Independent Third-Party,

Plaintiff-Respondent,

v

BRW Aviation LLC and BRW Aviation

Holding LLC,

Defendants-Appellants.

- - - - - - - - - - - - - -

BRW Aviation Holding LLC, Third-Party Plaintiff,

v

Kingsland Holdings Limited,

Counterclaim Defendant,

-and-

United Airlines, Inc.,

Additional Defendant on the

Counterclaims.

Appeals having been taken to this Court from the orders

of the Supreme Court, New York County, entered on or about

August 22, 2019 and October 8, 2019, And defendants-appellants having moved for an order: 1) temporarily restraining and enjoining plaintiff/counterclaim defendant Kingsland Holdings Limited (Kingsland) and additional defendant on the counterclaims United Airlines (United), or anyone acting on their behalf, from entering into any loan, contract, agreement, financing arrangement or other instrument with nonparty Avianca Holdings, S.A. (Avianca) that includes any term or provision permitting any indebtedness of Avianca to be converted into shares of common, preferred, or other stock of Avianca, at any time during the pendency of the appeals; 2) temporarily restraining and enjoining Kingsland and United, or

anyone acting on their behalf, from exercising any contractual or other rights to convert any indebtedness of Avianca into shares of common, preferred, or other stock of Avianca, or from otherwise taking any steps in respect of the issuance or ownership of any common, preferred or other stock of Avianca that would have he effect of diluting the stockholdings of BRW Aviation LLC in Avianca, at any time during the pendency of the appeals; or in the alternative, 3) modifying the order entered on or about October 7, 2019, to the extent of requiring Kingsland to post an additional undertaking in the amount of $44 million, 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 is denied. ENTERED: November 20, 2019

_____________________ DEPUTY CLERK

Present - Hon. Dianne T. Renwick,Justice Presiding, Judith J. Gische Angela M. Mazzarelli Peter H. Moulton,Justices

M-8020

Index No. 653095/19