EFTA02679006.pdf

From: Cecile de Jongh < Sent: Friday, May 31, 2013 4:44 PM To: JEE Cc: Richard Kahn; Jeanne Brennan Subject: Fw: AYH Attachments: Closing Statement MOF to IGY-AYH.pdf FYI - The closing state With w=rm regards, Cecile=/FONT> DISCLAIMER: The information contained in this e-m=il may be privileged,confidential, and protected from disclosure. If you are not the intended recipient, you are hereby notified that any disseminati=n, distribution or duplication of this communication is strictly prohibite=. If you have received this communication in error, please notify the send=r immediately and delete all copies. "Nearly all men can =tand adversity, but if you want to test a man's character, give him power.= - Abraham Lincoln ii Please consider the environment be=ore printing this e-mail. Forwarded Message From: "Garrison, Frank" &l= To: Cecile de Jongh < Cc: "Garrison, Frank" < Sent: Friday= May 31, 2013 11:53 AM Subject: RE: AYH Cecile:=/SPAN> <=SPAN> &=bsp; What I sent you last night included the closing documents (Item=2 below). Is there something specifically that you think is missing? =ln addition, while not specifically requested, I am attaching = copy of the closing statement which reconciles all of the #'s as =his may be helpful. <=5PAN> The sel=er's representative (Item 3) was Johnny Powers <=SPAN> I am lo=king into the other items. <=SPAN> EFTA_R1_01980335 EFTA02679006  One of =effrey's e-mails to Andrew indicated he had e-mail history of comm=nication from the fall of 2006 regarding this matter; can you supply that =nformation as it may be informative. <=SPAN> Frank</=PAN> Frank M. Garrison Island Capital Group LLC One American Center 3100 West End Ave Suite 1230 Nashville, TN 37203 From= Cecile de Jongh [mailto Sent: Friday, May 31, 2013 10:37 AM To:=/B> Garrison, Frank Cc: Cecile de Jongh Subject: Re: A=H Good morning Frank, Thank you very much for the document= you sent last night, unfortunately, they do not address our original requ=st. To confirm, I have relisted the items below. Thanks again for your ass=stance and, as discussed, feel free to include any additional information =ou think would be useful. 1. The name of the person who led your team a= Island Global Yachting Acquisition, LTD (IGY) 2. January 2007 closing documents to included=the closing statement for the sale between MOF VI (Sun Resort entity) and =GY. 3. The contact information for the seller. 4. The seller's records that were presented t= IGY's team in your due diligence process (i.e., previous years financial =tatements 2003-2005 and the first 9 months of 2006, receivables, rent roll=) and any other pertinent documents that were used in the evaluation of th= purchase. S. A list of the Marina Opportunity Fund part=ers. 6. August 22, 2007 Banco Popular finance of $=5.3 million term loan documents: a. Note b. Commitment letter c. Closing Statement d. Property Appraisal 7. Any other information given to your team r=lative to the purchase of AYH4=iv> Additionally, Jeffrey mentioned that there was a recently=disclosed $368,000 error in his favor and he would like, as soon as possib=e, the calculation of that that error. Thank you =gain for your time and attention to this matter. With warm regards, Cecile DISCLAIMER: The information contained in=this e-mail may be privileged,confidential, and protected from disclosure.=If you are not the intended recipient, you are hereby notified that any di=semination, distribution or duplication of this communication is strictly =rohibited. If you have received this communication in error, please notify=the sender immediately and delete all copies. 2 EFTA_R1_01980336 EFTA02679007  "Nearly all men can stand adversity, but=if you want to test a man's character, give him power." Abraham Lincoln<=SPAN> u=SPAN style="COLOR: #008250; FONT-SIZE: 10pt"> Please consider the enviro=ment before printing this e-mail. From: "Garrison, Frank" To: Cecile de Jongh <=A hrefernailto ' rel=nofollow target=_blank y=ailto="mailto > <=R>Cc: "Garrison, Frank" <mailto = rel=nofollow target=_blank ymailto=» Sent: Thursday, May 30, 2013 10:50 =M Subject: FW: AYH Cecile, =/DIV> See below which includes both the Purchase=and Sale Agreement as well as the actual transfer documents. The transfer =ocuments, other than the deed, only recite nominal consideration. I don40=80Qt know what is customary in the USVI but similar documents in the U.S= depending upon jurisdiction, also recite nominal consideration on their f=ce. =/DIV> Frank <=DIV> =/DIV> Frank M. Garrison</=PAN> Island Capital Group LLC One American Center=/SPAN> 3100 West End Ave Suite 1230 Nashville, TN 37203=/SPAN> /div> =/DIV> From: Lande, Mark Sent: Thursday, May 30, 20=3 2:10 PM To: Garrison, Frank; Jennifer Greene Cc: Muk=mal, Tom Subject: RE: AYH The deed is for a lesser amount - $6.1 million. =SPAN style="COLOR: black"> Bill of Sale — nominal consideration Assignment and Assumption of Material Contracts, Slip A=reements and Leases — nominal consideration Assignment of CZM Permits — nominal considerati=n P86 Agreement - $25.5 million — Section 2.0= (you probably already have) </=iv> =/DIV> 3 EFTA_R1_01980337 EFTA02679008  This message, and any attachments hereto, is confidential=and intended exclusively for the use of the individual or entity to whom i= is addressed. This communication may contain information that is confiden=ial, proprietary, privileged, subject to a confidentiality and/or non-disc=osure agreement, or otherwise exempt or protected from disclosure (either =y contract or under applicable law). If you are not the intended recipient= you are hereby notified that printing, retaining, reproducing, copying, d=sclosing, disseminating or using this message or any information contained=herein (including any reliance thereon) is strictly prohibited. If you hav= received this message in error, please contact the sender immediately and=destroy the message (including any attachments) and any copies in their en=irety, whether in electronic or hard copy format. Nothing contained in this e-mail shall be considered a legally binding agreement, amendment or =odification of any agreement with Island Capital Group LLC or any of its a=filiates, each of which requires a fully executed agreement to be received=by Island Capital Group LLC or such affiliate. <i=iv> This message, and any attachments hereto, =s confidential and intended exclusively for the use of the individual or e=tity to whom it is addressed. This communication may contain information t=at is confidential, proprietary, privileged, subject to a confidentiality =nd/or non-disclosure agreement, or otherwise exempt or protected from disc=osure (either by contract or under applicable law). If you are not the int=nded recipient, you are hereby notified that printing, retaining, reproduc=ng, copying, disclosing, disseminating or using this message or any inform=tion contained herein (including any reliance thereon) is strictly prohibited. If you have received this message in error, please contact the=sender immediately and destroy the message (including any attachments) and=any copies in their entirety, whether in electronic or hard copy format. N=thing contained in this e-mail shall be considered a legally binding agree=ent, amendment or modification of any agreement with Island Capital Group =LC or any of its affiliates, each of which requires a fully executed agree=ent to be received by Island Capital Group LLC or such affiliate. </=iv> 4 EFTA_R1_01980338 EFTA02679009