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    Rockmore Capital-Bruce Bernstein TRO in XpresSpa Fraud Suit April 29 2019

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    Teri Buhl
    Judge Stanton issued a temporary retraining order against Bruce Bernstein and Rockmore Capital for trying to force XpresSpa into Bankruptcy by gutting it's assets. Bernstein claims he is an independent director but Judge Stanton said he was not acting that way thus issuing the TRO. Issued April 29th 2019.

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    © All Rights Reserved
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    Rockmore Capital-Bruce Bernstein TRO in XpresSpa Fraud Suit April 29 2019

    Uploaded by

    Teri Buhl
    176 views2 pages
    Judge Stanton issued a temporary retraining order against Bruce Bernstein and Rockmore Capital for trying to force XpresSpa into Bankruptcy by gutting it's assets. Bernstein claims he is an independent director but Judge Stanton said he was not acting that way thus issuing the TRO. Issued April 29th 2019.

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    Rockmore Capital-Bruce Bernstein TRO in XpresSpa fraud suit April 29 2019

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    Judge Stanton issued a temporary retraining order against Bruce Bernstein and Rockmore Capital for trying to force XpresSpa into Bankruptcy by gutting it's assets. Bernstein claims he is an independent director but Judge Stanton said he was not acting that way thus issuing the TRO. Issued April 29th 2019.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    176 views2 pages

    Rockmore Capital-Bruce Bernstein TRO in XpresSpa Fraud Suit April 29 2019

    Uploaded by

    Teri Buhl
    Judge Stanton issued a temporary retraining order against Bruce Bernstein and Rockmore Capital for trying to force XpresSpa into Bankruptcy by gutting it's assets. Bernstein claims he is an independent director but Judge Stanton said he was not acting that way thus issuing the TRO. Issued April 29th 2019.

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    © All Rights Reserved
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    of 2

    Case 1:17-cv-08594-LLS Document 142 Filed 04/29/19 Page 1 of 2

    ORIGINAL lJSDC SONY


    DOC-I ."\-fE~T - -··
    ~

    UNITED STATES DISTRICT COURT


    SOUTHERN DISTRICT OF NEW YORK
    EL·E-CTRO~ICALL Y FILED
    DOC#: ' . I
    o~TE FILED: 11/2-rlt,
    . and MARISOL F, LLC,
    MORETON BINN

    Plaintiffs, Civil Action No.: 1:l 7-cv-08594-LLS


    V.

    BRUCE T. BERNSTEIN, RICHARD K. ORDER TO SHOW CAUSE FOR


    ABBE, ANDREW D. PERLMAN, PRELIMINARY INJUNCTION AND
    SALVATORE GIARDINA, ANDREW R. TEMPORARY RESTRAINING ORDER
    HEYER, DONALD E. STOUT, JOHN
    ENGELMAN, and FORM HOLDINGS
    CORP.

    Defendants.

    Upon the declaration of Michael James Maloney, dated April 25, 2019, all exhibits annexed

    thereto, including the copy of the complaint annexed thereto, and the memorandum of law dated

    April 25, 2019, it is

    ORDERED, that the defendant Bruce T. Bernstein ("Bernstein") show cause before a

    motion term of this Court, at Room 2 \ ,._ G, United States Courthouse, 500 Pearl Street, in the
    City, County and State of New York, on fu,J"7 Jw1u )L/ , 2019, at 3 o'clock in the

    ~ n o o n thereof, or as soon thereafter as counsel may be heard, why an order should not be

    issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining defendant Bernstein

    during the pendency of this action from causing, permitting, or suffering Rockmore Investment

    Master Fund Ltd. ("Rockmore") to declare an event of default under the senior secured credit

    facility (the "Rockmore Note") that is currently an obligation of defendant XpresSpa Group, Inc.,

    f/k/a Form Holdings Corp. ("New XpresSpa") based on any "going concern" qualification that

    may appear in the audited financials reported by New XpresSpa to Rockmore; and it is further

    {00216659.1 / 4966.001} 1
    Case 1:17-cv-08594-LLS Document 142 Filed 04/29/19 Page 2 of 2
    , '

    ORDERED that, sufficient reason having been shown therefor, pending the hearing of

    Plaintiffs' application for a preliminary injunction, pursu~an~t.1tog_jj;..i.we-n.::w~~.__J,,~r-¥-,~elellQ.am~-:-:----


    s 1.4..c.~O"l- to · ~~o'U. ~ ~~ ,f ~
    Bernstein is temporarily restrained and enjoined from caus:-:;1~,......!i;rm;::;:;::;-;1"ft· R o e ~ .1..r - J..-,-J

    :-- =--
    ,Jrany "going concern" qualification
    to declare an event default under the Rockmore Note based on • ~-
    Ll;
    that may appear in the audited financials reported by XpresSpa Group, Inc. to Rockmore; and it is

    further

    . ORDERED that security in the amottnt of$ _ _ be posted by the Phrintlffs pnor to -

    ::-.::.::.::::::::::::=========-==-=--=•-'2~()11lrt9r-amtr_-_-_-_-_,on''~cllcio~ckFtmnftfiliie~_-_-_-_-__::-_::-nn-olt"lornn-10~rthat day.; and .it is

    Bernstein or his counsel on or before


    /r~
    ORDERED that personal service of a copy of this order and declaration upon defendant

    !:i _.. o'clock in the noon,


    1.A
    yV\ ouf Af4-'1 2 9
    L(...<;

    1
    2019 shall be deemed good and sufficient service thereof.

    Dated: New York, New York


    ~ J.1 ,2019

    .G&:..$ s+CVM~
    United States District Judge
    L .

    {00216659.1 / 4966.001} 2

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