Contract analysis

I. ORDER TO SHOW CAUSE — PREAMBLE Upon reading and considering the following papers submitted in connection with plaintiff's ex parte application for a temporary restraining order and order of attachment: (1) The verified complaint of Driftwood Absolute Return Fund Ltd. ("Plaintiff" or "Driftwood"), dated August 7, 2023, and verified by Sandra Hu, Chief Operating Officer and Chief Compliance Officer of Driftwood Capi

II. ORDER TO SHOW CAUSE — RETURN DATE AND SERVICE PROVISIONS A. Return Date for Preliminary Injunction Hearing Defendants Meridian Prime Capital LLC, Viktor Andreyevich Zelenko, Irene Maria Carvallo, and Dmitri Pavlovich Sobchak are hereby ORDERED TO SHOW CAUSE before this Court, at the courthouse located at 60 Centre Street, New York, New York, Part 49 (Commercial Division), on August 22, 2023, at 10:00 a.m., or as

III. TEMPORARY RESTRAINING ORDER Pending the hearing on the return date specified herein and until further order of this Court, it is hereby ORDERED that the following temporary restraints are imposed: A. Restraint on Meridian Prime Capital LLC Pending the hearing on the return date and further order of this Court, defendant Meridian Prime Capital LLC (EIN: 84-3217659), its officers, directors, members, managers, age

IV. ORDER OF ATTACHMENT A. Grant of Attachment Pursuant to CPLR § 6201(3), which provides for attachment where a defendant has assigned, disposed of, encumbered, or secreted property, or removed it from the state, or is about to do any of such acts, with intent to defraud creditors or frustrate the enforcement of a judgment that might be rendered in plaintiff's favor, and pursuant to CPLR § 6201(1), which provides fo

V. BASIS FOR EX PARTE RELIEF — FINDINGS OF THE COURT This Court has reviewed the submissions of Plaintiff in support of this ex parte application and makes the following findings in support of the issuance of this Order without prior notice to defendants: (1) Plaintiff has demonstrated, by clear and convincing evidence, that defendants Meridian Prime Capital LLC and its principals, Viktor Andreyevich Zelenko, Irene M

VI. ADDITIONAL PROVISIONS A. Expedited discovery Plaintiff is hereby authorized to serve expedited discovery upon defendants and upon relevant third parties, including but not limited to Bridgemont Bank NA, Palmetto International Bank Ltd., Marlowe Asset Management Trust Company of Delaware, Aldermere Private Capital Digital Asset Custody LLC, and any other financial institution or custodian identified in the course

VII. SO ORDERED This Order has been signed and entered by the Court on this date, and shall take effect immediately upon signing. SO ORDERED. ________________________________________ Hon. Eleanor Vasquez, J.S.C. Supreme Court of the State of New York County of New York, Commercial Division Dated: August 8, 2023 New York, New York Entered: August 8, 2023

VIII. SUBMISSION BLOCK Submitted by: CALDERWOOD & HARKNESS LLP Attorneys for Plaintiff Driftwood Absolute Return Fund Ltd. 200 Park Avenue, 42nd Floor New York, New York 10166 By: ________ Priya Anand, Esq. Telephone: (212) 558-4000 Facsimile: (212) 558-3588 Email: panand@calderwoodharkness.com Matter No.: 1024-00003