郭文贵破产案 · ORDER · ECF #1675

元数据

当事人: 郭文贵 (Guo Wengui / Miles Guo / Ho Wan Kwok)
法院: CTB
案号: 22-50073
ECF #: 1675
类型: ORDER
立案日: 2023-04-18

原始法庭文件为英文，下方为英文全文。

全文

#### **UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION**

| ------------------------------------------------------ | x | | |--------------------------------------------------------|--------|-------------------------| | In re: | : : | Chapter 11 | | HO WAN KWOK et al., | : : | Case No. 22-50073 (JAM) | | Debtors.1 | : : | Jointly Administered | | ------------------------------------------------------ | : x | |

#### **APPLICATION OF TRUSTEE, PURSUANT TO BANKRUPTCY CODE SECTIONS 327(a) AND 328, BANKRUPTCY RULES 2014(a) AND 2016, AND LOCAL RULE 2014-1, FOR ENTRY OF ORDER AUTHORIZING EMPLOYMENT AND RETENTION OF EDMISTON AND COMPANY LIMITED AS BROKER FOR SALE OF LADY MAY AND LADY MAY II**

Luc A. Despins, in his capacity as chapter 11 trustee (the "Trustee") for the estate of debtor Ho Wan Kwok (the "Debtor") hereby moves the Court (the "Application") pursuant to sections 327(a) and 328 of title 11 of the United States Code (the "Bankruptcy Code"), Rule 2014(a) and 2016 of the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Rules") and Rule 2014-1 of the Local Bankruptcy Rules for the District of Connecticut (the "Local Rules") for entry of an order (the "Order") substantially in the form of **Exhibit A** hereto authorizing the Trustee to employ and retain Edmiston and Company Limited ("Edmiston") as broker in accordance with the terms and conditions set forth in that certain Central Agency Sales Agreement, dated as of April 17, 2023 (the "Agreement"), attached hereto as **Exhibit B**. In support of the relief sought in the Application, the Trustee submits the declaration of Dirk

1 The Debtors in these chapter 11 cases are Ho Wan Kwok (also known as Guo Wengui, Miles Guo, and Miles Kwok, as well as numerous other aliases) (last four digits of tax identification number: 9595), Genever Holdings LLC (last four digits of tax identification number: 8202) and Genever Holdings Corporation. The mailing address for the Trustee, Genever Holdings LLC, and Genever Holdings Corporation is Paul Hastings LLP, 200 Park Avenue, New York, NY 10166 c/o Luc A. Despins, as Trustee for the Estate of Ho Wan Kwok (solely for purposes of notices and communications).

Johnson (the "Johnson Declaration"), attached hereto as **Exhibit C** and incorporated herein by reference. In further support of this Application, the Trustee respectfully states as follows:

#### **PRELIMINARY STATEMENT**

1. In accordance with his statutory duties to maximize value for the Debtor's estate, the Trustee intends to sell the Lady May and the Lady May II. Given the substantial value of the Lady May and the Lady May II it is necessary to engage a qualified and seasoned broker to market these yachts for sale. To that end, the Trustee solicited and reviewed proposals from several brokers specializing in the sale of yachts. After evaluating the various proposals, the Trustee determined to select Edmiston as the broker, not only because of its substantial experience in marketing luxury superyachts, but also because of its competitive fee structure. Moreover, Edmiston has also developed a comprehensive game plan to market the Lady May for sale in the coming months, as detailed in the indicative timeline attached hereto as **Exhibit D**. 2

2. The services to be provided by Edmiston will include (a) preparing for the marketing of the Lady May and the Lady May II, including drafting a sales contract preparing detailed set of specifications on equipment and technical components, (b) promoting the Lady May and the Lady May II by executing and managing all aspects of marketing, including advertising and public relations to digital campaigns and boat shows; and (c) managing the sale process for the Lady May and the Lady May II.

3. As set forth more fully in the Agreement, Edmiston will be compensated as follows: (a) in the case of the sale of the Lady May, a fixed fee of 5% in case of an in-house deal whereby Edmiston represents both the buyer and the seller or 6% in case of a deal with any other

2 In connection with the marketing process, the Trustee intends to transfer the Lady May and the Lady May II to the foreign trade zone in Newport, Rhode Island. The Trustee will file a motion requesting relief in that regard in the near future.

broker, intermediary and third-party commission agent (the "Sub-Listing Broker") and (b) in the case of the sale of the Lady May II, a fixed fee of 5%, whether in case of an in-house deal or in case of a deal with a Sub-Listing Broker.3

4. Finally, the Trustee requested, and Edmiston agreed, that the Trustee will have the option to terminate the Agreement three (3) months after entry of this Court's order granting this Application. If the Trustee exercises that option, the Agreement would terminate ten (10) days after the exercise of that option.

5. The Trustee submits that approving the retention of Edmiston as the broker for the Lady May and the Lady May II is in the best interest of the estate and that, accordingly, Edmiston's retention, on the terms set forth in the Agreement, should be approved by the Court.

#### **JURISDICTION, VENUE, AND STATUTORY BASES**

6. The United States Bankruptcy Court for the District of Connecticut (the "Court") has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the *Standing Order of Reference* from the United States District Court for the District of Connecticut.

7. This matter is a core proceeding pursuant to 28 U.S.C. § 157(b).

8. Venue of this proceeding and this Application is proper in this district pursuant to 28 U.S. C. §§ 1408 and 1409.

9. The relief sought in this Application is predicated upon sections 327 and 328 of the Bankruptcy Code, Bankruptcy Rule 2014, and Local Rule 2014-1.

#### **RELEVANT BACKGROUND**

10. On April 11, 2022, HK International Funds (USA) Limited, LLC ("HK USA") initiated an adversary proceeding by filing a Complaint [Docket No. 1, in Adv. Proc. No. 22-

3 Any Sub-Listing Broker involved in the sale shall receive his fee from Edmiston.

5003] against the Debtor and Pacific Alliance Asia Opportunity Fund L.P. ("PAX"), asserting that HK USA is the owner of the Lady May yacht.

11. On September 23, 2022, the Trustee filed his *Answer and Counterclaims* [Docket No. 36 in Adv. Proc. No. 22-5003] (the "Answer and Counterclaims"). The Trustee's first counterclaim (the "First Counterclaim") sought a ruling pursuant to 11 U.S.C. §§ 541 and 542 declaring that the Lady May is property of the Debtor's chapter 11 estate to be administered by the Trustee and ordering the surrender of the Lady May to the Trustee.

12. On March 19, 2023, the Trustee filed his motion for partial summary judgment [Docket No. 146 in Adv. Proc. No. 22-5003] (the "Partial SJ Motion") and supporting materials, seeking summary judgment on the First Counterclaim. *See also* Docket Nos. 147, 148, and 150 in Adv. Proc. No. 22-5003.

13. A hearing on the Partial SJ Motion was held on March 27, 2023. At the conclusion of the hearing, for the reasons stated on the record and further set forth in the Court's *Supplemental Memorandum of Decision in Support of Oral Ruling Granting Motion for Partial Summary Judgment* [Docket No. 177 in Adv. Proc. No. 22-5003], the Court issued an oral ruling granting the Partial SJ Motion.

14. That same day, the Court entered its order granting the Partial SJ Motion [Docket No. 172 in Adv. Proc. No. 22-5003] (the "Partial SJ Order"), finding, among other things, that the Lady May is the property of the Debtor's estate to be administered by the Trustee.

15. On March 31, 2023, after the Trustee's discovery of HK USA's ownership of the Lady May II (together with the Lady May, the "Lady May Yachts"), the Court entered an amendment to the Partial MSJ Order, [Adv. Proc. ECF No. 183], finding that the Lady May II is also property of the estate.

16. The Trustee requires services of a broker to assist the Trustee in the marketing and sale of the Lady May Yachts.

#### **QUALIFICATIONS**

17. The Trustee seeks to retain Edmiston because of its extensive experience and knowledge with respect to the marketing and sales of yachts. Edmiston is a luxury superyacht broker specializing in the sale of yachts. Edmiston currently is the broker for numerous yachts in the United States and worldwide. In addition, in the past 24 months, Edmiston has sold more than 70 yachts over 30 meters in length, more than double the industry average of deals per broker. Edmiston also holds the industry record for the sale of the highest number of Feadships (which is the builder of the Lady May).

18. For these reasons, the Trustee submits that Edmiston is well-qualified and able to efficiently provide the requested brokerage services with respect to the Lady May Yachts.

#### **SERVICES TO BE PROVIDED**

19. The Trustee has retained Edmiston as broker to sell the Lady May Yachts

pursuant to the Agreement. The services Edmiston will include the following:

- a. Preparing (i) a marketing plan, including drafting a sales contract preparing detailed set of specifications on equipment and technical components, (ii) deck plans for marketing purposes, (iii) a comprehensive inventory listing all items on board the Lady May Yachts and located shore that are included in the sale, the items excluded from the sale, and the items that are excluded from the sale but which are offered for sale by special arrangement. - b. Promoting the Lady May Yachts by (i) executing and managing all aspects of marketing, including advertising and public relations to digital campaigns and boat shows, (ii) coordinating all inspections and briefing the crew to ensure the Lady May Yachts are always presented in first-class show condition, (iii) preparing and handling video shoots to promote the Lady May Yachts, and (iv) connecting to the wider broker network to educate them on the Lady May Yachts.

c. Managing the sale process for the Lady May Yachts by, among other things, (i) fielding all offers until negotiations lead to an agreed price and terms, upon which an offer to purchase document will be prepared for the buyer to sign and whose deposit will be held in escrow subject to sea trial and survey, and (ii) managing the administration and closing process.

20. In addition, Edmiston will provide the Trustee, on a confidential basis, with a monthly log identifying the interested parties and Sub-Listing Brokers with whom Edmiston communicates (including interested parties on whose behalf the Sub-Listing Broker communicates with Edmiston). This log will allow the Trustee to track the progress made in the marketing and sale process.

21. The Trustee intends to work closely with Edmiston to ensure that there is no unnecessary duplication of services performed or charged to the Debtor's estate in this case.

22. Furthermore, as set forth in the Agreement, the agreed-upon asking prices for the Lady May and the Lady May II are \$26.5 million and \$950,000, respectively.4

#### **COMPENSATION**

23. As set forth more fully in the Agreement and subject thereto, Edmiston will be compensated as follows (the "Compensation Structure"): (a) in the case of the sale of the Lady May, a fixed fee of 5% in case of an in-house deal whereby Edmiston represents both the buyer and the seller or 6% in case of a deal with any Sub-Listing Broker and (b) in the case of the sale of the Lady May II, a fixed fee of 5%, whether in case of an in-house deal or in case of a deal with a Sub-Listing Broker. Any Sub-Listing Broker involved in the sale shall receive his fee from Edmiston.

24. All marketing action shall be agreed between Edmiston and the Trustee and shall be at the expense of Edmiston unless otherwise agreed in writing by the Trustee.

4 The Lady May had previously been listed by a different broker with an asking price of \$27.9 million.

Notwithstanding the foregoing, if the Trustee terminates the Agreement, without cause, the Trustee shall reimburse the Broker for all costs incurred in relation with the above-mentioned marketing actions, up to a maximum of EUR 30,000. For the avoidance of doubt, the foregoing provision does not apply in the event the Agreement is terminated as a result of the Trustee electing to terminate the Agreement at the end of the initial three-month period.

#### **INDEMNIFICATION**

25. As a material part of the consideration for which Edmiston has agreed to provide the services described herein, the Trustee has agreed to the indemnification provisions in sections 9, 10 and 11 of the Agreement. All requests of Edmiston for payment of indemnity pursuant to the Agreement will be made by means of an application (interim or final as the case may be) and served upon all parties in interest; *provided*, *however*, that in no event shall Edmiston be indemnified from any liability, loss, costs, or claim that is found by the Court to be the result of Edmiston's fraud or fraudulent misrepresentation, knowing or willful violation of law, willful misconduct, breach of fiduciary duty, self-dealing, bad faith, or gross negligence. All parties' rights to object to any request of Edmiston for payment of indemnity pursuant to the Agreement shall be preserved.

#### **RELIEF REQUESTED**

26. By this Application, the Trustee seeks entry of an Order, substantially in the form attached hereto as Exhibit A, pursuant to sections 327(a) and 328 of the Bankruptcy Code, Bankruptcy Rule 2014 and Local Rule 2014-1, authorizing them to employ and retain Edmiston as broker in connection with the sale of the Lady May Yachts in this Chapter 11 Case, as set forth in the Agreement.

27. The Trustee respectfully requests that, because Edmiston's compensation is results oriented and directly related to benefits received by the Debtor's estate as a result of the

sale of the Lady May Yachts, requiring Edmiston to filed detailed time records and periodic fee applications in accordance with sections 330 and 331 of the Bankruptcy Code, and in compliance with Bankruptcy Rule 2016 and Local Rule 2016 is unnecessary under the circumstances. The Trustee has been advised by Edmiston that it is not their practice to keep detailed time records similar to those customarily kept by attorneys and other professionals who are compensated on an hourly basis.

#### **BASIS FOR RELIEF**

28. The Trustee seeks to retain Edmiston as broker for the sale of the Lady May Yachts pursuant to section 327(a) of the Bankruptcy Code, which provides that a chapter 11 trustee may, subject to court approval:

> employ one or more attorneys, accountants, appraisers, auctioneers, or other professional persons, that do not hold or represent an interest adverse to the estate, and that are disinterested persons, to represent or assist the [trustee] in carrying out the [trustee]'s duties under this title.

11 U.S.C. § 327(a).

29. Further, section 328(a) of the Bankruptcy Code allows a trustee, "with the court's approval, . . . [to] employ or authorize the employment of a professional person under section 327 . . . on any reasonable terms and conditions of employment, including on a retainer, on an hourly basis, on a fixed or percentage fee basis, or on a contingent fee basis." 11 U.S.C.

§ 328(a).

30. Under Bankruptcy Rule 2014(a), an application for retention must include:

[S]pecific facts showing the necessity for the employment, the name of the [firm] to be employed, the reasons for the selection, the professional services to be rendered, any proposed arrangement for compensation, and, to the best of the applicant's knowledge, all of the [firm's] connections with the debtor, creditors, any other party in interest, their respective attorneys and accountants, the

United States trustee, or any person employed in the office of the United States trustee.

Fed. R. Bankr. P. 2014(a).

31. Based on the facts and for the reasons stated herein and in the Johnson Declaration, retention and employment of Edmiston as broker for the Trustee to include the marketing and sale of the Lady May Yachts pursuant to this Application is reasonable, necessary and appropriate, and satisfies the requirements of sections 327 and 328 of the Bankruptcy Code and Bankruptcy Rule 2014(a). The Trustee submits that the relief sought in this Application will facilitate the Trustee's restructuring efforts through the efficient sale of the Lady May Yachts, is in the best interests of the Debtor's estate and stakeholders, and should be approved by the Court.

#### **DISINTERESTEDNESS**

32. To the best of the Trustee's knowledge, Edmiston (i) does not hold any interest materially adverse to the Debtor's estate; (ii) has no connection with the Debtor, his creditors, equity security holders, any other party in interest, or related parties herein; and (iii) is a "disinterested person" as such term is defined in section 101(14) of the Bankruptcy Code, as modified by section 1107(b) of the Bankruptcy Code and as required by section 327(a) of the Bankruptcy Code, except as set forth in the Johnson Declaration.

#### **NOTICE**

33. Notice of this Application has been given to the United States Trustee, the Debtor, the Committee, and, by electronic filing utilizing the Court's electronic filing ("CM/ECF") system, to all appearing parties who utilize the CM/ECF system.

#### **NO PRIOR REQUEST**

34. No prior request for the relief sought in the Application has been made to this Court or any other court.

WHEREFORE, for the reasons set forth herein, the Trustee respectfully requests that the

Court (a) enter the Order substantially in the form attached hereto as **Exhibit A** and (b) grant

such other and further relief as is just and proper.

New Haven, Connecticut

#### Dated: April 18, 2023 LUC A. DESPINS, CHAPTER 11 TRUSTEE

By: */s/ Luc A. Despins*

Luc A. Despins (admitted *pro hac vice*) Avram E. Luft (admitted *pro hac vice*) G. Alexander Bongartz (admitted *pro hac vice*) PAUL HASTINGS LLP 200 Park Avenue New York, New York 10166 (212) 318-6079 lucdespins@paulhastings.com aviluft@paulhastings.com alexbongartz@paulhastings.com

*and*

Nicholas A. Bassett (admitted *pro hac vice*) PAUL HASTINGS LLP 2050 M Street NW Washington, D.C., 20036 (202) 551-1902 nicholasbassett@paulhastings.com

*and*

Douglas S. Skalka (ct00616) Patrick R. Linsey (ct29437) NEUBERT, PEPE & MONTEITH, P.C. 195 Church Street, 13th Floor New Haven, Connecticut 06510 (203) 781-2847 dskalka@npmlaw.com plinsey@npmlaw.com

*Counsel for the Chapter 11 Trustee*

#### **UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION**

| ------------------------------------------------------ | x | | |--------------------------------------------------------|--------|-------------------------| | In re: | : : | Chapter 11 | | HO WAN KWOK et al., | : : | Case No. 22-50073 (JAM) | | Debtors.5 | : : | Jointly Administered | | ------------------------------------------------------ | : x | |

#### **CERTIFICATE OF SERVICE**

The undersigned hereby certifies that on April 18, 2023, the foregoing Motion, and all declarations, exhibits and attachments thereto, was electronically filed. Notice of this filing was sent by e-mail to all parties to the above-captioned chapter 11 case by operation of the Court's electronic filing ("CM/ECF") system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the Court's CM/ECF system.

New Haven, Connecticut

Dated: April 18, 2023 LUC A. DESPINS, CHAPTER 11 TRUSTEE

By: */s/ Luc A. Despins*

5 The Debtors in these chapter 11 cases are Ho Wan Kwok (also known as Guo Wengui, Miles Guo, and Miles Kwok, as well as numerous other aliases) (last four digits of tax identification number: 9595), Genever Holdings LLC (last four digits of tax identification number: 8202) and Genever Holdings Corporation. The mailing address for the Trustee, Genever Holdings LLC, and Genever Holdings Corporation is Paul Hastings LLP, 200 Park Avenue, New York, NY 10166 c/o Luc A. Despins, as Trustee for the Estate of Ho Wan Kwok (solely for purposes of notices and communications).

aviluft@paulhastings.com alexbongartz@paulhastings.com

#### *and*

Nicholas A. Bassett (admitted *pro hac vice*) PAUL HASTINGS LLP 2050 M Street NW Washington, D.C., 20036 (202) 551-1902 nicholasbassett@paulhastings.com

*and*

Douglas S. Skalka (ct00616) Patrick R. Linsey (ct29437) NEUBERT, PEPE & MONTEITH, P.C. 195 Church Street, 13th Floor New Haven, Connecticut 06510 (203) 781-2847 dskalka@npmlaw.com plinsey@npmlaw.com

*Counsel for the Chapter 11 Trustee*

#### **Exhibit A**

**Proposed Order**

#### **UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION**

#### **ORDER, PURSUANT TO BANKRUPTCY CODE SECTIONS 327(a) AND 328, BANKRUPTCY RULES 2014(a) AND 2016, AND LOCAL RULE 2014-1, FOR ENTRY OF ORDER AUTHORIZING EMPLOYMENT AND RETENTION OF EDMISTON AND COMPANY LIMITED AS BROKER FOR SALE OF LADY MAY AND LADY MAY II**

Upon the application (the "Application"),2 filed Luc Despins, in his capacity as the chapter 11 trustee (the "Trustee") appointed in the chapter 11 case of Ho Wan Kwok (the "Debtor"), pursuant to sections 327(a) and 328(a) of title 11 of the Bankruptcy Code, Bankruptcy Rules 2014 and 2016, and Local Rule 2014-1, for entry of an order (the "Order") authorizing the Trustee to employ and retain Edmiston and Company Limited ("Edmiston") as broker in accordance with the terms and conditions set forth in the Agreement, all as further detailed in the Application; and it appearing that this Court has jurisdiction to consider the Application pursuant to 28 U.S.C. §§ 157 and 1334 and the Standing Order of Reference from the United States District Court for the District of Connecticut; and it appearing that venue of this chapter 11 case

2 Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Application.

and the Application in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and it appearing that this matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2) on which the Court may enter a final order consistent with Article III of the United States Constitution; and this Court being satisfied based on the representations made in the Application and in the Johnson Declaration that, as more fully disclosed in the Johnson Declaration, (a) Edmiston does not hold or represent an interest adverse to the Debtors' estates and (b) Edmiston is a "disinterested person" as defined in section 101(14) of the Bankruptcy Code as modified by section 1107(b) of the Bankruptcy Code, and as required by section 327(a) of the Bankruptcy Code; and this Court having found that the relief requested in the Application is in the best interests of the Debtors' estates, their creditors and other parties in interest; and it appearing that proper and adequate notice of the Application has been given and that no other or further notice is necessary; and after due deliberation thereon; and this Court having reviewed the Application and having heard statements in support of the Application at a hearing held before this Court; and good and sufficient cause appearing therefor,

#### IT IS HEREBY ORDERED THAT:

1. The Application is approved as set forth herein. All objections to the relief requested in the Application, whether filed or not, are hereby overruled.

2. The Trustee is authorized to retain and employ Edmiston as broker in connection with the sale of the Lady May Yachts, on the terms set forth in the Agreement.

3. The Compensation Structure is hereby approved, and Edmiston shall not be required to file monthly, interim, or final fee applications pursuant to sections 330 and 331 of the Bankruptcy Code. Edmiston shall be compensated for its services solely in accordance with the

procedures set forth in the Application and such other procedures as may be fixed by order of this Court.

4. All requests of Edmiston for payment of indemnity pursuant to the Agreement shall be made by means of an application (interim or final as the case may be) filed with this Court and served upon all parties in interest; *provided*, *however*, that in no event shall Edmiston be indemnified for any liability, loss, costs, or claim that is found by this Court to be the result of Edmiston's fraud or fraudulent misrepresentation, knowing or willful violation of law, willful misconduct, breach of fiduciary duty, self-dealing, bad faith or gross negligence.

5. All parties' rights to object to any request of Edmiston for payment of indemnity pursuant to the Agreement shall be preserved.

6. To the extent the Application or the Agreement is inconsistent with this Order, the terms of this Order shall govern.

7. The Trustee and Edmiston are authorized and empowered to take all actions necessary to effectuate the relief granted in this Order.

8. The terms and conditions of this Order shall be immediately effective and enforceable upon its entry.

9. This Court retains exclusive jurisdiction with respect to all matters arising from or related to the implementation, interpretation, and enforcement of this Order.

#### **Exhibit B**

**Central Agency Sales Agreement**

| OWNER: | BROKER: | | |------------------------------------------------------|------------------------------------|--| | Luc A. Despins, as chapter 11 trustee for the estate | EDMISTON AND COMPANY LIMITED | | | of Ho Wan Kwok | Burleigh Manor, Peel Road, Douglas | | | c/o Paul Hastings LLP | Isle of Man, Im1, 5EP | | | 200 Park Avenue | | | | New York New York 10166 | | |

| YACHT #1: | BUILDER AND YEAR: | | |---------------------------------------------------------------------------------|-------------------------|--| | LADY MAY | Feadship De Vries, 2014 | | | FLAG AND PORT OF RECISTRY: | VAT STATUS: | | | George Town, Cayman Islands | EX VAT | | | ASKING PRICE (hereinafter the "Yacht #1 Price"): | | | | USD 26,500,000 (Twenty Six Million Five Hundred Thousand United States Dollars) | | |

| YACHT #2: LADY MAY II | BOLL DER AND YEAR: Windy Scandinavia AB, 2017 | | |-----------------------------------------------------------------------------------------------------------------------|--------------------------------------------------|--| | FLAG AND PORT OF REGISTRY: VAT STATUS: George Town, Cayman Islands | EX VAT | | | ASKING PRICE (hereinafter the "Yacht #2 Price"): USD \$950,000 (Nine Hundred Fifty Thousand United States Dollars) | | |

- - - - Case 22-50073 Doc 1675 Filed 04/18/23 Entered 04/18/23 14:27:25 Page 19 of 36 - - - -

- Case 22-50073 Doc 1675 Filed 04/18/23 Entered 04/18/23 14:27:25 Page 20 of 36 - - -

- Case 22-50073 Doc 1675 Filed 04/18/23 Entered 04/18/23 14:27:25 Page 21 of 36 - -

- - - - -

| | Signed for and on behalf of the Owner Signed for and on behalf of the Broker | |--------------|------------------------------------------------------------------------------| | | | | Name: | Name: | | Title: | Title: YACHT ISROK | | Date signed: | Date signed: 41181 |

#### **Exhibit C**

**Johnson Declaration**

#### **UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION**

| ------------------------------------------------------ | x | | |--------------------------------------------------------|-------------|-------------------------| | In re: | : : : | Chapter 11 | | HO WAN KWOK et al., | | Case No. 22-50073 (JAM) | | Debtors.1 | : : | Jointly Administered | | ------------------------------------------------------ | : x | |

### **DECLARATION OF DIRK JOHNSON IN SUPPORT OF APPLICATION OF TRUSTEE, PURSUANT TO BANKRUPTCY CODE SECTIONS 327(a) AND 328, BANKRUPTCY RULES 2014(a) AND 2016, AND LOCAL RULE 2014-1, FOR ENTRY OF ORDER AUTHORIZING EMPLOYMENT AND RETENTION OF EDMISTON AND COMPANY LIMITED AS BROKER FOR SALE OF LADY MAY AND LADY MAY II**

I, Dirk Johnson being duly sworn, state the following under penalty of perjury:

1. I am Yacht Broker of Edmiston and Company Limited ("Edmiston"), maintaining

offices at (a) 2 Marina Plaza, Newport, Rhode Island, 02840, and (b) Burleigh Manor, Peel

Road, Douglas, Isle of Man, IM1 5EP.

2. I am duly authorized to make this declaration (this "Declaration") on behalf of

Edmiston and submit this Declaration in support of the *Application of Trustee, Pursuant to*

*Bankruptcy Code Sections 327(a) and 328, Bankruptcy Rules 2014(a) and 2016, and Local Rule*

*2014-1, for Entry of Order Authorizing Employment and Retention of Edmiston and Company*

*Limited as Broker for Sale of Lady May and Lady May II* (the "Application")2 in the chapter 11

2 Capitalized terms used but otherwise not defined herein shall have the meanings ascribed to them in the

case (the "Chapter 11 Case") of Ho Wan Kwok (the "Debtor"), seeking an order approving the retention of Edmiston as broker pursuant to sections 327(a) and 328(a) of the Bankruptcy Code.

3. I am a Yacht Broker based in Newport, Rhode Island, since 1991. I am currently (and have been for the last 2½ years) employed by Edmiston as a Yacht Broker. I have approximately 15 years of experience in the superyacht brokerage industry.

4. Edmiston was retained by Mr. Luc A. Despins, in his capacity as the Chapter 11 Trustee (the "Trustee") appointed in the Chapter 11 Case of the Debtor, to market and sell the Lady May and Lady May II (the "Lady May Yachts"). Unless otherwise indicated below, I have personal knowledge of the matters set forth below, and if called as a witness, I could and would testify competently thereto.

5. As part of my role as broker of the Lady May Yachts, I will, among other things (i) prepare the Lady May Yachts for marketing, including by creating deck plans, (ii) promote the Lady May Yachts by executing and managing all aspects of marketing, including advertising and public relations to digital campaigns and boat shows, and (iii) manage the sale process for the Lady May Yachts.

6. Edmiston is a luxury superyacht broker specializing in the sale of yachts. Edmiston currently is the broker for numerous yachts in the United States and worldwide. In addition, in the past 24 months, Edmiston has sold more than 70 yachts over 30 meters in length, more than double the industry average of deals per broker. Edmiston also holds the industry record for the sale of the highest number of Feadships (which is the builder of the Lady May).

7. The services that Edmiston provides to the Trustee have assisted and will assist his efforts to maximize the value of the Debtor's estate by enabling the Trustee to derive value

Application.

from the Debtor's Lady May Yachts. To my knowledge, the services will not duplicate the services of any other professional that the Trustee has retained. In addition, if retained, Edmiston will use reasonable efforts to coordinate its services with the Trustee and the Trustee's other professionals to avoid the unnecessary duplication of services.

8. Compensation will be payable to Edmiston on the terms set forth in the

Agreement. Edmiston believes that the requested compensation and payment arrangement is

customary and reasonable for the work to be performed.

9. In connection with the Trustee's proposed retention of Edmiston in the Chapter 11 Case, Edmiston has received a list of parties in interest provided by Paul Hastings LLP, attached hereto as **Schedule 1**, which includes:

- a. parties listed as creditors, executory contract counterparties, and codebtors on the Debtor's Schedules D, F, G, and H [Docket No. 78]; - b. parties listed on the Debtor's Statement of Financial Affairs ("SOFA") [Docket No. 77], including (i) as recipients of payments within 90 days prior to the filing of the Chapter 11 Case (SOFA Part 3, Question 6); (ii) parties involved in litigation in which the Debtor is a party (SOFA Part 4, Question 9); and businesses owned by the Debtor (SOFA Part 11, Question 27); - c. parties and counsel filing notice of appearances in the Debtor's Chapter 11 Case; - d. the Court and personnel of the office of the United States Trustee (the "US Trustee"); and - e. other parties in interest that I have become aware of as a result of the Trustee's ongoing investigation of the Debtor's assets.

10. Edmiston maintains records of its current and former clients and, with respect to

any engagement, adverse persons. Before signing this Declaration, I have checked against such

records all of the names listed on Schedule 1 (collectively, the "Interested Parties").

11. To the best of my knowledge and belief, Edmiston has no relationship or connection with the Interested Parties or with any other creditor of the Debtor except as follows:

- a. Edmiston signed a Central Agency Sales Agreement for the Lady May in August 2016 with HK Intrernational Funds Investments (USA) Limited, LLC. This relationship formally ended on June 30, 2018 when the sales listing was handed over to another brokerage firm. - b. Edmiston was the operational yacht manager from July 13, 2016 until it completely ceased that role on November 21, 2017. - c. One of the Edmiston commercial teams have had communications over the past five years with a person named Qiang Guo (which I understand is the Debtor's son) regarding a few charter inquiries from him. However, no business was ever undertaken with that person.

12. Several of the entities listed on Schedule 1 are large multinational corporations, financial institutions, or law firms with which Edmiston may have business relationships unrelated to the Lady May or the Debtor, including, for example, Apple Inc., Bank of America, Bank of China, Barclays Bank, Boies Schiller, Brown Harris Stevens, BNY Mellon, Citibank, Greenberg Traurig, HSBC, JP Morgan Chase Bank, National Australia Bank, Signature Bank, Spotify, Standard Chargered Bank, UBS, and Youtube.

13. While I have made a diligent effort to ascertain the identity of any connections or potential conflicts with the Interested Parties, to the extent that any additional information comes to light, I will review, disclose, and resolve any conflict or adverse interests that may appear.

14. Based on the foregoing, insofar as I have been able to ascertain based on the information currently available to me: (a) Edmiston has no connection with the Debtor, his

#### **Schedule 1**

**Parties in Interest**

#### **SCHEDULE OF PARTIES IN INTEREST – IN RE KWOK**

#### **20 LARGEST UNSECURED CREDITORS**

PACIFIC ALLIANCE ASIA OPPORTUNITY GOLDEN SPRING NEW YORK RUI MA CHENG JIAN WU JIAN SHE NING YE GUO BAOSHENG YAN LAN & WU ZHENG HONG QI QU NAN TONG SI JIAN JIAN GONG YAN ZHAO YUA HUA ZHUANG SHI LIEHONG ZHUANG/XIAO YAN ZHU WEICAN MENG/BOXUN INC. SAMUEL NUNBERG LAMP CAPITAL LLC JUN CHEN AKA JONATHAN HO YUE HUA ZHU SHI XIONG XIAN WEI YE HUIZEN WANG

#### **DEBTOR, FAMILY MEMBERS, AND CERTAIN RELATED ENTITIES**

HO WAN KWOK (A.K.A MILES GWOK, MILES GUO AND WENGUI GUO) HING CH NGOK/YUE QINGZHI QIANG GUO MEI GUO/MEI GUI HK INTERNATIONAL FUNDS INVESTMENTS (USA) LIMITED, LLC BRAVO LUCK LIMITED GENEVER HOLDINGS CORPORATION GENEVER HOLDINGS LLC

#### **BANKRUPTCY JUDGE AND U.S. TRUSTEE PERSONNEL**

HONORABLE JULIE A. MANNING WILLIAM HARRINGTON KIM L. MCCABE HOLLEY CLAIBORN JOSEPH H. FLAMINI ERIN HOGAN STEVEN MACKEY FRANK MARINO JENNIFER J. MOREY NICOLE NEELY SHARON WARNER JOHN GERVAIS

#### **OTHER INTERESTED PARTIES**

7 NOD HILL LLC, 7 STAR EAST NY LLC AAGV LIMITED

ABRAMS FENSTERMAN, LLP ACA CAPITAL GROUP LIMITED ACA INVESTMENT FUND ACA INVESTMENT MANAGEMENT LTD. ACASS CANADA LTD. ACE DECADE HOLDINGS LIMITED AI GROUP HOLDINGS INC., AIG PROPERTY CASUALTY COMPANY AKERMAN LLP ALEX HADJICHARALAMBOUS ALFA GLOBAL VENTURES LIMITED ALFONSO GLOBAL LIMITED ALLIED CAPITAL GLOBAL LIMITED ALPINE FIDUCIARIES SA AMAZON WEB SERVICES LLC AMAZON.COM INC. AN HONG ANDREW SULNER/FORENSIC DOCUMENT EXAMINATIONS, LLC ANTHONY DIBATTISTA ANTON DEVELOPMENT LIMITED APPLE INC. APSLEY YACHTS LIMITED ARETHUSA FORSYTH ARI CASPER ASSETS SINO LIMITED AUSPICIOUS COAST LIMITED BAIQIAO TANG A/K/A TANG BAIQIAO BAKER HOSTETLER LLP BANK OF AMERICA BANK OF CHINA – NEW YORK BRANCH AND/OR BANK OF CHINA LIMITED BARCLAYS BANK PLC BEIJING BI HAI GE LIN YUAN LIN LU HUA, LTD. BEIJING CHENG JIAN WU JIAN SHE GROUP, LTD. BEIJING FU LE HONG MA JIAN ZHU ZHUANG SHI GONG CHENG, LTD. BEIJING PANGU INVESTMENT CO. BEIJING ZENITH HOLDINGS CO. BEIJING ZHONG XIAN WEI YE STAINLESS DECORATION CENTER BERKELEY ROWE BERNARDO ENRIQUEZ BINGSHANG JIAO BLUE CAPITAL BNY MELLON, N.A. BOIES SCHILLER BOOMING SAIL NEW YORK LLC BOXUN INC. BRANCH BRENT PETRO INC. BROWN HARRIS STEVENS

BROWN RUDNICK, LLP BSA STRATEGIC FUND I BURNETTE SHUTT AND MCDANIEL PA CAHILL GORDON & REINDEL LLP CAPITAL ONE BANK CAPITAL ONE, NA CHAO-CHIH CHIU CHARMOY & CHARMOY LLC CHASE BANK CHENGLONG WANG CHIESA SHAHINIAN & GIANTOMASI PC CHINA GOLDEN SPRING GROUP (HONG KONG) LIMITED CHONG SHEN RAPHANELLA CHRISTODOULOS G. VASSILIADES & CO. LLC CHUANG XIN LTD. CITIBANK CLARK HILL PLC CLAYMAN & ROSENBERG LLP CLAYMAN ROSENBERG KIRSHNER & LINDER LLP COHN BIRNBAUM & SHEA P.C. COUNSEL PRESS INC. CRANE ADVISORY GROUP LLC CREATIVE APEX INVESTMENTS LIMITED CRYSTAL BREEZE INVESTMENTS LIMITED CUI ZHU LI DANIEL PODHASKIE DANIEL S. ALTER DANYU LIN DAVID FALLON DAWN STATE LIMITED DBS BANK LTD. DELTEC BANK & TRUST LIMITED DIME COMMUNITY BANK DING G. WANG A/K/A DINGGANG WANG DONGNA FANG DWF LLP EASTERN PROFIT CORPORATION LIMITED EDUARDO EURNEKIAN EHSAN MASUD ELITE WELL GLOBAL LIMITED ELLIOTT KWOK LEVINE & JAROSLAW LLP EMILE P DE NEREE EMPIRE GROWTH HOLDINGS ENGINEERING OPERATIONS AND CERTIFICATION SERVICES, LLC EPIQ CORPORATE RESTRUCTURING, LLC ERIC GOLDSMITH MD, LLC FAN BINGBING FIONA YU FIRST ABU DHABI BANK FIRST REPUBLIC BANK FIRSTBANK PUERTO RICO FORBES HARE FREEDOM MEDIA VENTURES LTD

FUNGWAN TRADING INC. G CLUB OPERATIONS LLC G CLUB US OPERATIONS INC. G CLUB US OPERATIONS LLC G FASHION LLC G FASHION US OPERATIONS INC. G LIVE, LLC G NEWS LLC, G TRANSLATORS PTY LTD GANFER SHORE LEEDS & ZAUDERER GAO BINGCHEN GBROADCAST, LLC G-CLUB G-CLUB INVESTMENTS LIMITED G-EDU INC. GETTR USA GFASHION MEDIA GROUP INC. GFNY, INC GINNEL ASSOCIATES, INC. (D/B/A GINNEL REAL ESTATE) GLENN MELLOR GLOBALIST INTERNATIONAL LIMITED GMUSIC, GNEWS LLC, GNEWS MEDIA GROUP INC., GOLDFARB & HUCK ROTH RIOJAS, PLLC GPOSTS LLC GREENBERG TRAURIG, LLP GREENWICH LAND LLC G-TRANSLATORS PTY LTD GTV MEDIA GROUP, INC., GUO LIJIE GUO MEDIA GUO WENOUN GUO WENPING GUY PETRILLO HAIHONG WANG HAILING SHENG HAMILTON CAPITAL HOLDINGS INC HAMILTON M&A FUND SP HAMILTON OPPORTUNITY FUND SPC HAN CHUNGUANG HAO HAIDONG HARCUS PARKER LTD. HARNEY WESTWOOD AND RIEGELS LP HCHK PROPERTY MANAGEMENT, INC. HCHK TECHNOLOGIES, INC. HCHK TECHNOLOGIES, LLC HE BEI YUE HUA ZHUANG SHI GONG CHENG LTD. HEAD WIN GROUP LIMITED HELEN MANIS HENAN YUDA HERBERT SMITH FREEHILLS NEW YORK LLP HERO GRAND LIMITED HHS CAPITAL INC.

HIBERNIA NATIONAL BANK HIMALAYA EMBASSY HIMALAYA EXCHANGE HIMALAYA FEDERAL RESERVE HIMALAYA INTERNATIONAL CLEARING LTD. HIMALAYA INTERNATIONAL FINANCIAL GROUP LTD HIMALAYA INTERNATIONAL PAYMENTS LTD. HIMALAYA INTERNATIONAL RESERVES LTD. HIMALAYA INVESTMENT LLC HIMALAYA NEW WORLD INC. HIMALAYA SUPERVISORY ORGANIZATION HIMALAYA VENTURES LLC HING CH NGOK HODGSON RUSS HONG KONG INTERNATIONAL FUNDS INVESTMENTS LIMITED HONG QI QU JIAN SHE GROUP, LTD. HONG ZENG HSBC HSBC BANK USA HUDSON DIAMOND HOLDING INC. HUDSON DIAMOND HOLDING LLC HUDSON DIAMOND LLC HUDSON DIAMOND NY LLC HUK TRADING INC. INFINITE INCREASE LIMITED INFINITUM DEVELOPMENTS LIMITED INFINITY TREASURY MANAGEMENT INC. INSIGHT CAPITAL INSIGHT PHOENIX FUND ISRAEL DISCOUNT BANK OF NEW YORK IVEY, BARNUM & O'MARA LLC JACK S. LIPSON JAMES PIZZARUSO JANOVER LLC JASON MILLER JENNER & BLOCK LLP JENNIFER MERCURIO JESSE BROWN JESSICA MASTROGIOVANNI JIA LI WANG JIA YANG LI JIAMEI LU JIAMING LIU JIAN FAN JIANG SU PROVINCE JIAN GONG GROUP LTD BEIJING BRANCH JIANG YUNFU BE JIANHU YI JIANSHENGXIE AND JIEFU ZHENG JING GENG JOHN S LAU JONATHAN YOUNG JPMORGAN CHASE BANK, N.A.

JUMBO CENTURY LIMITED JUN LIU JUNE SHI KAIXIN HONG KARIN MAISTRELLO KATHLEEN SLOANE KERCSMAR FELTUS & COLLINS PLLC KEYI ZIKLIE KUI CHENG KYLE BASS LALIVE SA LAO JIANG LAW FIRM OF CALLARI PARTNERS, LLC LAW OFFICE OF RICHARD E. SIGNORELLI LAWALL & MITCHELL, LLC LAZARE POTTER GIACOVAS & MOYLE LEADING SHINE LIMITED LEADING SHINE NY LTD LEE CHU LEE VARTAN LEXINGTON PROPERTY AND STAFFING INC. LIBERTY JET MANAGEMENT LIEHONG ZHUANG LIHONG "SARA" WEI LAFRENZ LIHONG WEI LAFRENZ (AKA SARA WEI) LINDA HE CHEUNG LOGAN CHENG (F/K/A SHUIYAN CHENG) LONG GATE LIMITED M&T BANK MACARON LIMITED MACDONALD MANUFACTURERS AND TRADERS TRUST COMPANY (D/B/A M & T BANK) MAR-A-LAGO MARCUM LLP MARTHA JEFFERY MARY DOWDLE (A/K/A MUFFIN DOWDLE) MARY JIANG MAUNAKAI CAPITAL MAX KRASNER MAYWIND TRADING LLC MCELROY, DEUTSCH, MULVANEY & CARPENTER, LLP MEDICAL SUPPLY SYSTEM INTERNATIONAL LLC MEDICI BANK INTERNATIONAL LLC MELISSA FRANCIS MELISSA MENDEZ MERCANTILE BANK INTERNATIONAL CORP. MERCANTILE GLOBAL HOLDINGS, INC. METROPOLITAN COMMERCIAL BANK AND/OR METROPOLITAN BANK HOLDING CORP. MILES GUO MILES GWOK MIN YANG

MOA-FU MORITT HOCK & HAMROFF MORVILLO ABRAMOWITZ GRAND IASON & ANELLO PC MURTHA CULLINA LLP NADEEM AKBAR NATIONAL AUSTRALIA BANK LIMITED NEW DYNAMIC DEVELOPMENT LIMITED NEW FEDERAL STATE OF CHINA NEW TREASURE LLC NEW YORK MOS HIMALAYA LLC NEXT TYCOON INVESTMENTS LIMITED NOBLE FAME GLOBAL LIMITED NOVELTY HILL LTD. NRT NEW ENGLAND LLC (D/B/A COLDWELL BANKER RESIDENTIAL BROKERAGE) NYC DEPT OF FINANCE O'MELVENY & MYERS LLP O'NEAL WEBSTER OASIS TECH LTD OGIER OPEN BANK PACIFIC ALLIANCE ASIA OPPORTUNITY FUND L.P. PAUL WEISS PETRILLO KLEIN & BOXER LLP PHILLIPS NIZER LLP PHOENIX CREW IC LIMITED PILLSBURY WINTHROP SHAW PITTMAN LLP PIXSHOW FILM INC. PRIME TRUST LLC PULLMAN & COMLEY, LLC QING "SERENA" CAI QIQHUA FAN QIU YU QU GUOJIAO QUIJU JIA RAICH ENDE MALTER CO. LLP (AKA RAICH ENDE MALTER & COMPANY) RANDAZZA LEGAL GROUP, PLLC RBB BANCORP AND/OR ROYAL BUSINESS BANK REDFIN CORPORATION ROBINSON & COLE LLP RONG ZHANG ROSCALITAR2 ROSS HEINEMEYER ROY D. SIMON RUIZHENG AN RULE OF LAW FOUNDATION III RULE OF LAW SOCIETY IV INC RUQUIN WANG SAIL VICTORY LIMITED SAMUEL DAN NUNBERG SANTANDER BANK, N. A. SARA WEI (A/K/A LIHONG WEI LAFRENZ)

SARACA MEDIA GROUP, INC., SCHULMAN BHATTACHARYA, LLC SEACOAST NATIONAL BANK SELAS MONTBRIAL AVOCATS SEVEN MISSION GROUP LLC SHANE D SHOOK SHAPIRO ARATO BACH LLP SHERRY-NETHERLAND, INC. SHI JIA ZHUANG ZHEN YUAN JIAN ZHU AN ZHUANG GONG CHENG LTD BEJING FIRST SHINY ACE INNOVATION CO LTD SHINY ACE LIMITED SHINY TIMES LTD. SHIPMAN, SHAIKEN & SCHWEFEL, LLC SHUANG WANG SIGNATURE BANK SILVERGATE BANK SIRIUS NETWORKING INC. SOTHEBY'S INTERNATIONAL REALTY SOTHEBY'S INTERNATIONAL REALTY AFFILIATES LLC SPIRIT CHARTER INVESTMENT LIMITED SPOTIFY TECHNOLOGY S.A. SPOTIFY USA, INC. STANDARD CHARTERED BANK STARLING BANK LTD STEPHEN WONG STEVE BANNON, STEVENSON WONG STOKES LAWRENCE, PS STRATEGIC VISION LLC TALHA ZOBAIR TD BANK, N.A. TELI CHEN THE BANK OF PRINCETON THE CASPER FIRM THE FIRST BANK OF GREENWICH THE FRANCIS FIRM PLLC THE LAW OFFICES OF RAFAEL A. VARGAS THE SHERRY-NETHERLAND HOTEL THOMAS RAGLAND THREE TREASURE LLC TM PRIMROSE LIMITED TONG LE INTERNATIIONAL TRADING CO., LTD. TROUTMAN PEPPER HAMILTON SANDERS LLP TROY LAW PLLC U.S. BANK NATIONAL ASSOCIATION U.S. LEGAL SUPPORT, INC. UBS AG UBS AG (LONDON BRANCH) UK HIMALAYA LTD. UNA MANYEE WILKINSON UNITEDLEX

UPDIKE, KELLY & SPELLACY P.C. US HIMALAYA CAPITAL INC. US HIMALAYA LTD. VERDOLINO & LOWEY VERITEXT VOICE OF GUO MEDIA, INC. VX CERDA & ASSOCIATES WA&HF LLC WARD & BERRY, PLLC WARREN LAW GROUP WEICAN ("WATSON") MENG WEIGUO SUN WEIXIANG GE WELL ORIGIN LTD. WEN LIN WENCONG WANG WENG WHITECROFT SHORE LIMITED WHITMAN BREED ABBOTT & MORGAN LLC WILLIAM BRADLEY WENDEL WILLIAM GERTZ WILLIAM JE (JE KIN MING) WILLIAMS & CONNOLLY WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP WORLD CENTURY LIMITED, WORLDWIDE OPPORTUNITY HOLDINGS LIMITED

WU ZHENG XIAO YAN ZHU XIAODAN WANG XINGYU YAN XIQUI ("BOB") FU YA LI YACHTZOO SARL YAN GAO YAN HUANG YANG LAN YANKWITT LLP YANPING WANG YAZ QINGUA YELIANG XIA YI LI YING LIU YOUTUBE, LLC YUE HUA ZHU SHI YUNXIA WU YVETTE WANG ZEICHNER ELLMAN & KRAUSE LLP ZEISLER & ZEISLER, P.C. ZHANG WEI ZHENG WU (A/K/A BRUNO WA) ZHENGJUN DONG ZHIZHE "FRANK" DONG ZIBA LIMITED

#### **Exhibit D**

**Indicative Timeline**

### *April 2023:*

- Sales focused photoshoot (photography & videography) TBC date & location - Announce Lady May as Edmiston CA (PR, social & digital) - Social Media post & stories - Bring Lady May to Newport

### *May 2023:*

- Continue sales campaign for Lady May (PR, social & digital) - Enroll Lady May in FTZ Newport Shipyard/ Safe Harbours - Brokers open day in Newport - Broker interview promoting yacht - Edmiston Intelligence feature; triannual print and digital newsletter

### *June 2023:*

- Continue sales campaign for Lady May (PR, social & digital) - Boat International US print advertsing (half page) - Obtain user generated content (photographs and filmed content from crew for a live BTS social campaign) - Brokers open day in Newport - Monthly Fleet Update; B2B monthly newsletter

### *July 2023*

- Continue sales campaign for Lady May (PR, social & digital) - - Edmiston Presents; B2C brand focused newsletter - - Monthly Fleet Update; B2B monthly newsletter

### *September 2023*

- Continue sales campaign for Lady May (PR, social & digital) - - Market Overview, B2C product focused newsletter - Monthly Fleet Update; B2B monthly newsletter -

#### *August 2023* -

- Attend Newport Brokerage Boat Show - - Continue sales campaign (PR, social, digital) - - Monthly Fleet Update; B2B monthly newsletter - Edmiston Intelligence feature; triannual print and digital newsletter - - Utilise user generated content (photographs and filmed content from crew for a live BTS social campaign) - - Market Overview; B2C product focused newsletter

## Lady May Timeline

*2023*

## Q2

# Q3

- Attend Fort Lauderdale International Boat Show - Show campaign marketing (PR, social, digital) - Boat International US print advertising (Boat Show edition) - Edmiston Presents; B2C brand focused newsletter - Monthly Fleet Update; B2B monthly newsletter - Post show B2B/B2C follow up mailer

### *November 2023:*

### *October 2023:* Q4

- Continue sales campaign (PR, social, digital) - Brokers & Press open day in Florida - Monthly Fleet Update; B2B monthly newsletter - Utilise user generated content (photographs and filmed content from crew for a live BTS social campaign) - Market Overview; B2C product focused newsletter

### *December 2023:*

- Continue sales campaign for Lady May (PR, social & digital) - Edmiston Presents; B2C brand focused newsletter - Monthly Fleet Update; B2B monthly newsletter

![](_page_35_Picture_55.jpeg)

\* Indicative timeline liable to change