Contract analysis

1. Privilege. BRB objects to each interrogatory to the extent it calls for, seeks, or would require the disclosure of information, communications, documents, or materials protected by the attorney-client privilege, the work product doctrine, or any other applicable privilege or protection recognized under federal or New York law. Without limitation, this objection extends to communications between BRB personnel and a

2. Overbreadth and Burden. BRB objects to each interrogatory to the extent it is overly broad, unduly burdensome, or not proportional to the needs of this case, considering the importance of the issues at stake, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the propo

3. Vagueness and Ambiguity. BRB objects to each interrogatory, and to any definition or instruction contained therein, that employs terms that are vague, ambiguous, undefined, or susceptible to multiple reasonable interpretations. Where BRB has elected to respond to an interrogatory notwithstanding an objection on this ground, BRB has construed the interrogatory in the manner that appears most reasonable under the ci

4. Bank Examination Privilege. BRB objects to each interrogatory to the extent it seeks information, communications, documents, or materials that are subject to the bank examination privilege, including, without limitation, communications with or reports, correspondence, examination materials, or supervisory guidance prepared by or for the Office of the Comptroller of the Currency ("OCC"), or prepared by BRB personne

5. Premature Expert discovery. BRB objects to each interrogatory to the extent it prematurely seeks expert opinions, expert analysis, the identity of consulting (as opposed to testifying) experts, or facts known or opinions held by persons retained by BRB or its counsel in anticipation of litigation or in preparation for trial, pursuant to CPLR 3101(d). Under the Preliminary Conference Order, expert discovery does no

6. Third-Party Confidential Information. BRB objects to each interrogatory to the extent it seeks confidential, proprietary, or commercially sensitive business information of third parties who are not parties to this litigation, including, without limitation, information concerning other BRB borrowers, credit relationships, or internal policies and procedures that are not specific to the Triton Harbor credit relation

7. Contention Interrogatories. BRB objects to each interrogatory to the extent it constitutes a contention interrogatory — that is, an interrogatory that seeks the factual or legal basis for BRB's claims, defenses, or contentions — and is premature given the current stage of discovery. BRB reserves the right to supplement its responses to contention interrogatories following the close of fact discovery on April 30, 2

8. Document-Referral Reservation. Where responsive information is contained in documents that have been or will be produced in BRB's document production in this action (which currently encompasses approximately 34,000 documents, Bates-stamped BRB-000001 through BRB-034000, with additional productions anticipated), BRB reserves the right to refer to such documents in lieu of a narrative response, pursuant to CPLR 3133

1. June 2021 — Origination Appraisal. Ridgeline Appraisal Group, Inc. (312 Elm Street, Stamford, CT 06902; appraiser: Gerald Montoya, MAI, MRICS) conducted a comprehensive appraisal of the collateral package securing the Triton Harbor credit facilities in connection with the origination of the Original Credit Agreement dated June 15, 2021. The collateral appraised consisted of Triton Harbor's marine terminal equipmen

2. September 2023 — Updated Appraisal. Ridgeline Appraisal Group, Inc. (same office and appraiser as above) conducted an updated appraisal of the same collateral — the Terminal Facility real property, marine terminal equipment, accounts receivable, and inventory — reflecting deteriorated market conditions in the marine industrial services sector and the borrower's reduced operations and revenue. The aggregate apprais

3. September–October 2023 — Additional Collateral Appraisals. Separate appraisals and valuations of the additional collateral pledged under the Forbearance Agreement were obtained in connection with the closing of the Forbearance Agreement. These included: (a) a valuation of two equipment leases assigned to BRB as additional collateral, with a combined estimated value of $2,300,000; and (b) an appraisal of the person