Upon the foregoing documents, TPC Art Finance, LLC (the Lender)’s motion for summary judgment against Oscar Engelberg and SAGA, S.A. (collectively, the Borrower) pursuant to CPLR § 3212 is GRANTED as unopposed.

Reference is made to (i) a certain Loan and Security Agreement (the Agreement; NYSCEF Doc. No. 17), dated July 26, 2022, by and between the Borrower and the Lender, (ii) a certain Promissory Note (the Note; NYSCEF Doc. No. 4), dated July 26, 2022, by and between the Borrower and the Lender, and (iii) a certain Default Letter (the Notice; NYSCEF Doc. No. 20), dated February 21, 2023, sent from the Lender to the Borrower.

On February 21, 2023, the Lender properly and in accordance with the loan documents notified the Borrower by Notice that the Borrower defaulted on its obligation to repay the Loan in that a maturity default had occurred and that the debt remained outstanding (NYSCEF Doc. No. 20).

This is prima facie evidence of entitlement to summary judgment (see DDS Partners, LLC v Celenza, 6 AD3d 347, 348 [1st Dept 2004]).

ORDERED that the Lender shall serve judgment on notice indicating that the principal amount of $3,500,000 was due as of June 30, 2024, as well as interest as provided for under the Agreement.

ANALISA TORRES,District Judge: Byorder dated November19, 2024, the Court directed the parties and their appraisers to appoint a third appraiser by December 20, 2024.

By order dated December26, 2024, the Court granted the parties’ jomt motion to extend the deadline for the appointmentof the third appraiser to December 27, 2024.

By January 8, 2025, the parties shall file a joint letter updating the Court as to the status of the third appraiser.

Dated: January 2, 2025 New York, New York

United States District Judge

6 5 2 7 9 9 / 2 0 2 4 At Commercial Division Part 53 of the Supreme Court of the State of New the County of New York, held in and for York, at the Courthouse located at 60 Centre Street, NewYork, NewYork, on the 26th day of November 2024.

Andrew Borrok Justice of the Supreme Court of NewYork Index No. 652799/2024 Part 53

Schiller, dated November 25, 2024, and all other papers and for good and sufficient cause shown: LET the Defendants Oscar Engelbert TPC Art Finance, LLC ("Plaintiff") show cause before this Court at the Courthouse Plaintiff located at 60 Centre Street, NewYork, NewYork, at Commercial Division Part 53, Room238 on

s ehiller-F-lemerLLP'saiotion to-withdraS4 ORDEREDthat service of a copy of this Order, together with a copy of the papers upon which it was granted, shall be good and sufficient: (a) Upon Plaintiff counsel, Mr. Paul Cossu, of if delivered by overnight mail to Plaintiff's Pryor CashmanLLP at 7 Times Square, NewYork, NewYork 10036, with a copy sea&ëa--- s; and

(b) Upon Defendants if delivered by evemight-maiHo-200titlrAve-Aptsew-¥erk,-NY with service on both Plaintiff and Defendants to be completed on or before the day of , 2024; and it is further ORDEREDthat in addition to filing any opposing affidavits and papers on NYSCEF, bert'semail-address; Plaintiff and Defendants shall serve any opposing affidavits LLP by overnight mail to Benjamin Margulis of Boies Schiller NewYork, NY10001 on or before ORDBREB-that-irraddititur lilingany-re and papers on Boies Schiller Flexner Flexner LLP at 55 Hudson Yards, , 2024; and it is further erswi-NY-SC-EFSeies Sc1iiHer-F¾xneri

Andrew Borrok Justice of the Supreme Court of NewYork eeaee eee see eeseeee= xX

Schiller, dated November 25, 2024, and all other papers herein, and for good and sufficient cause shown: LET the Defendants Oscar Engelbert and SAGA, S.A. (together, “Defendants”) and Plaintiff TPC Art Finance, LLC (“Plaintiff’) show cause before this Court at the Courthouse located at 60 Centre Street, New York, New York, at Commercial Division Part 53, Room 238 on ™ the | > day of \

Date”), or as soon thereafter as Defendants may be heard, why an Order should notbe issued: (a) Allowing Boies Schiller Flexner LLP to withdraw as counsel to Defendants pursuant to CPLR § 321(b)(2); and (b) Staying this proceeding for a period ofthirty (30) days to permit Defendants to obtain substitute counsel pursuant to CPLR § 321(c) and CPLR § 2201; ——— : 1_of2 ——

ORDEREDthat service of a copy of this Order, together with a copy of the papers upon whichit was granted, shall be good andsufficient: (a) Upon Plaintiff if delivered by overnight mail to Plaintiffs counsel, Mr. Paul Cossu, of Pryor Cashman LLP at 7 Times Square, New York, New York 10036, with a copy sentwia— OL pleevean oF WYSE j—

: s; and wy art bey dante HATH Vue CPL For (b) Upon Defendants ifdelivered byovernightmailto200-11thAve;Apt-5S-New-York,NY ne) PLasomwn MNVICEg with service on both Plaintiff and Defendants to be completed on or before the | a” of Dicenk he thers , 2024: andit is further day ORDEREDthat in addition to filing any opposing affidavits and papers on NYSCEF, Plaintiff and Defendants shall serve any opposing affidavits and papers on Boies Schiller Flexner LLP by overnight mail to Benjamin Margulis of Boies Schiller Flexner LLP at 55 Hudson Yards, New York, NY 10001 on or beforea st , 2024; andit is further ORDEREDthatimr-additiorte-filinganyreply_affidavits-and-papersonNYS€EF; Boies SchillerFlexner-LLPshallserveany_reply-affidavits-and-papers-onPlaintiffandDefendantsoror before—__—____,2024-in-a-mannerconsistent-with-theauthorizedaboveforservice (E> ofacopyofthisOrder;-anditisfurther ORDEREDthat counsel for the Parties and Boies Schiller Flexner LLP shall appear for oral argumenton the return date ofthis Order.

UPON the Affirmation of Joshua I. Schiller, dated November 25, 2024, and all other papers herein, and for good and sufficient cause shown: LET the and Plaintiff TPC Art Finance, LLC ) show cause before this Court at the Courthouse located at 60 Centre Street, New York, New York, at Commercial Division Part 53, Room 238 on the __________ day of ____________________, at ____________________ , or as soon thereafter as Defendants may be heard, why an Order should not be issued: (a) Allowing Boies Schiller Flexner LLP to withdraw as counsel to Defendants pursuant to CPLR § 321(b)(2); and (b) Staying this proceeding for a period of thirty (30) days to permit Defendants to obtain substitute counsel pursuant to CPLR § 321(c) and CPLR § 2201;

ORDERED that, pursuant to CPLR §§ 2201 & 6313, all proceedings in this action shall be stayed ruling on ;

ORDERED that service of a copy of this Order, together with a copy of the papers upon which it was granted, shall be good and sufficient: (a) Upon Plaintiff if delivered by overnight mail counsel, Mr. Paul Cossu, of Pryor Cashman LLP at 7 Times Square, New York, New York 10036, with a copy sent via email to Mr. ; and (b) Upon Defendants if delivered by overnight mail to 200 11th Ave, Apt.

5S, New York, NY 10011 ; with service on both Plaintiff and Defendants to be completed on or before the __________ day of ____________________, 2024; and it is further ORDERED that in addition to filing any opposing affidavits and papers on NYSCEF, Plaintiff and Defendants shall serve any opposing affidavits and papers on Boies Schiller Flexner LLP by overnight mail to Benjamin Margulis of Boies Schiller Flexner LLP at 55 Hudson Yards, New York, NY 10001 on or before _____________________, 2024; and it is further

ORDERED that in addition to filing any reply affidavits and papers on NYSCEF, Boies Schiller Flexner LLP shall serve any reply affidavits and papers on Plaintiff and Defendants on or before ____________________, 2024 in a manner consistent with the authorized above for service of a copy of this Order; and it is further