PM Supplement ¶ 8 makes clear MCM had the right to revoke NorCap’s PM privileges at any time and for any reason: References to “Ex.” are to the exhibits annexed to the affirmation of LisaMarie Collins, Esq., dated November 15, 2023 (“Collins Aff.”).

Finally, paragraph 10 of the PM Supplement granted MCM “sole and absolute discretion, to take appropriate action to liquidate or otherwise mitigate the risk in Your Portfolio Margin Account, should it deem it necessary and appropriate.” Id. at ¶ 10 (emphasis added).

Similarly, the Options Account Agreement gave MCM the right to take any steps to protect itself in its sole discretion and without notice in the event NorCap did not timely meet a margin call.

MCM could exercise these rights “at any time and for any reason” and “should it deem it necessary and appropriate.” In all events, the Arbitrators were presented with extensive testimony establishing that the PM calls issued as of the close of business on February 24, 26 and 27, 2020, were calculated pursuant to MCM’s House PM Methodology (not STANS).

Petitioner does not set forth any evidence to establish that the Award “violates strong public policy” or is “totally irrational.” Petitioner’s sole contention is that “the majority of the Panel exceeded their authority by rejecting liability based on the contractual parameters agreed to by the parties….” NYSCEF 23 at 2.

The following papers, numbered 1 to were read on this motion to/for

Notice of Motion/ Order to Show Cause — Affidavits — Exhibits...

Replying Affidavits Cross-Motion: [| Yes _] No I have been advised that defendant MF Global, Inc. is involved in a liquidation proceeding in the U.S. Bankruptcy Court for the Southern District of New York, Case No. 11-CIV-07750.

Accordingly, it is ORDERED that further prosecution of and proceedingsin this action are stayed, except for an application to vacate or modify this stay; and it is further ORDERED thatthe parties are to notify the Court in writing by May 10, 2013 as to the status of the stay; and it is further ORDERED thateither party may makean application by Order to Show Causeto vacate or modify this stay upon the final determination of, or vacatur of, the stay issued by the bankruptcy court in Case No. 11-CIV-07750, pending before the United States Bankruptcy Court for the Southern District of New York.

Dated: Stofair bev L —_ HOM, BERNARS J, Famees Check one:

The moving party has the burdento set forth compelling circumstancesto justify restricting public | access and must demonstrate “a sound basisor legitimate need to take judicial action” (Danco 601621/2009 NEWHAMPSHIRE INSURANCE vs. MF GLOBAL FINANCE Motion No. 024 : Page 1 of 3

“[T]here isa broad presumption that the public is entitled to access to... court records” (Mosallem v Berenson, 76 AD3d 345, 348-350 [1st Dept 2010]).

The parties establish good causeto seal/redactthe requested documents, which contain economic, financial, and confidential settlement information oflittle or nointerest to the public.

The documents permitted to be sealed are: NYSCEF Doc. Nos. 662, 663, 664, 665, 666; and it is further ORDEREDthatthe Clerk ofthe Court, upon service on him of a copy ofthis order with _ hotice ofentry, shall acceptNYSCEF Doc. Nos. 639 and669 in redated form.

that redacted information to anyone other than the staffofthe Clerkorthe Court, counsel ofrecord for any party to this case, and any party; and it is further ORDEREDthat any redacted document filed in the NYSCEF docket must be | accompanied by an unredacted Court Copy (see Part Rule 7) at all times; andit is further 601621/2009 NEW HAMPSHIRE INSURANCE.vs.