Opinion
Motion No: M-6031
12-22-2016
Amiral Holding SAS, Plaintiff-Appellant, v. XPresSpa Holdings LLC and Mistral Capital 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, plaintiff-appellant having moved to enjoin defendants from taking any steps to consummate the proposed merger agreement between defendant XpresSpa Holdings and non-party FORM Holdings, Inc., pending determination of the appeal, 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 granted on condition that plaintiff extends a bridge loan to defendant XPresSpa Holdings in the amount of $4 million by December 22, 2016 to fund this 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, to protect the Rockmore loan, and on further condition that plaintiff perfects its appeal on or before January 30, 2017 for the April 2017 Term. ENTERED:
December 15, 2016
_____________________ CLERK
Present: Hon. Angela M. Mazzarelli, Justice Presiding, Rolando T. Acosta Richard T. Andrias Paul G. Feinman Troy K. Webber, Justices
M-6031
Index No. 654051/16