Leadenhall Capital Partners LLP et al v. Wander et al

Filing 146

ORDER: Upon the Complaint by Plaintiffs Leadenhall Capital Partners LLP and Leadenhall Life Insurance Linked Investments Fund PLC (together, "Leadenhall"); the accompanying declarations of Craig Gillespie, Phil Kane, Luca Albertini, and Leigh M. Nathanson; and the Memorandum of Law in Support of Plaintiffs' Application for a (i) Temporary Restraining Order, and (ii) a Receivership or, Alternatively, a Preliminary Injunction, it is ordered, that Defendants 777 Partners LLC, 600 Partners LLC, SPLCSS III LLC, Dorchester Receivables II LLC, Signal SML 4 LLC, and Insurety Agency Services LLC (together, the "Borrowers and Guarantors") are hereby subject to the following preliminary injunction: Pursuant to Federal Rule of Civil Procedure 65, and based on the findings of fact and conclusions of law stated on the record on June 7, 2024, ECF No. 128, the Court finds that the Temporary Restraining Order previously entered, ECF No. 114, should be issued as a preliminar y injunction. The Court enters a preliminary injunction that, other than in the normal and ordinary course of business: (A) prohibits selling, transferring, converting, pledging, or encumbering the assets pledged as collateral by the Borrowers to Leadenhall under the Loan and Security Agreement dated May 7, 2021; (B) to the extent the value of the assets pledged as collateral by the Borrowers to Leadenhall is less than the full amount of the Accelerated Debt, prohibits the expenditure or dissipation of any cash or cash equivalents owned by the Borrowers and Guarantors sufficient to cover the full amount of the Accelerated Debt; AS FURTHER SET FORTH IN THIS ORDER. SO ORDERED. (Signed by Judge John G. Koeltl on 7/8/2024) (vfr)

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