On February 14, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Greenwich Capital Management Limited Partnership,
and
Christopher Nakis,
Nakis Restaurant Group Llc,
The Greek Guy Llc,
for Commercial - Contract
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 05/11/2020
09/22/2020 10:48
12:00 PM
AM INDEX NO. 651042/2020
NYSCEF DOC. NO. 8
33 RECEIVED NYSCEF: 05/11/2020
09/22/2020
Greenwich Capital
Greenwich Capital Management L.P.
5th
108 Greenwich Street,
inquiries@gemcapitalgroup.com
Merchant Questionnaire
This questionnaire(the"Merchant Questionnaire") dated 11/18/20]9 is completed the undersigned merchant
by ("Merchant")
and guarantors (each a "Guarantor") and delivered to Greenwich CapitalManagement Limited Partnership
("Purchaser") in contemplation of Merchant and Purchaser into an agreement for the purchase and saleof Merchant's future
entering
receivables (an "Agreement"), Merchant's performance of itsduties and obligations thereunder to be guaranteed by the undersigned
Guarantors. Merchant hereby acknowled ges that Purchaser is materkily relying on the truth, accuraqv, and cdmpleteness of the
information provided below in_thisMerchant Duee±re±!-e in finalizingproposed terms for a po=ible Agreement.
DUESTIONS FOR MERCHANT AND GUA1%ANTORS
II -2 "frd space ls required to fully and adequately disclasa any requested information, please attach a separate sheet
1. Does Merchant (or any Guarantor) have any plans to close,sell transfer,or otherwise cease operating any
portion of Merchant's business, whether permanently or temporarily (forrenovation, relocation, vacation;or for
any other reason),inthe next 12 months? Ifyes, pleaseexplain: O Yes No
2. Has Mercham ever declared bankruptcy (or has a bankruptcy case ever been filedagainst Merchant), or is
Merchant (orany Guarantor) currently considering filingforbankruptcy (orhas a bankruptcy case been threatened
against Merchant)? Ifyes, please explain: D Yes No
3. Has Merchant entered into (ordoes Merchant intend to enterinto)any future receivables sales agreement with
anyone other than Purchaser with respect to which paymems willbe made in thenext 12 months? Ifyes. please
explain: O Yes No
4. Has Merchant ever modified (orbreached) any future receivables saleagreemem or business leridingagreement
with anyone other thariPurchaser or has Merchant ever been in litigationwith respect to any such agreement? If
yes, please explain: O Yes No
5. Does Merchant have any reason to anticipatea reduction inMerchant's revenue, cash flow,or business pmspects
in thenext 12 months (including due to seasonality)?Ifyes, pleaseexplain:
O Yes No
6. Is Merchant currently in arrears (or ever been in arrears for more than 30 days) on any rent payments to
Merchant's landlord? Ifyes, pleaseexplain:
O Yes No
MERCHANT QUESTIONNAIRE Account Number:
venion smas Page 1 of 2
19152
FILED: NEW YORK COUNTY CLERK 05/11/2020
09/22/2020 10:48
12:00 PM
AM INDEX NO. 651042/2020
NYSCEF DOC. NO. 8
33 RECEIVED NYSCEF: 05/11/2020
09/22/2020
7. Is Merchant (or any Guarantor): (i)currently in arrearson any tax payments (including with respect to income
taxes,sales taxes,propertytaxes,employment taxes,or any othertaxes);or (ii)
currently under auditby any federal,
stateor localtaxing authority? Ifyes,please explain: O Yes No
__
8. Does Merchant have more than one processing accoum or bank account thatMerchant uses toprocess or deposit
its sales
receipts(orotherwise operate or conduct Merchant's business)? Ifyes, pleaseexplain:
O Yes No
9. Does Merchant (or any Guarantor): (i)have any outstanding lienor judgment (including,but notlimited to,any
tax lienor taxjudgment); or have
(ii) any reason to suspectthatany lienor judgment willbe filed againstitin the
next 12 months? Ifyes,please explain (and describetheterms ofany payment plan, ifapplicable):
O Yes he
10. IsMerchant (or any Guarantor) a party to any pending or
litigation, has Merchant (or any Guarantor) been
threatened by any legal actionwithin the lastI 2 months? Ifyes, pleaseexplain:
O Yes No
11. Does any Guarantor currently own (orhas any Guarantor previously owned in thelastfiveyears) 10% or more
of any business other than Merchant's business? Ifso, pleaselistfulllegalnames of allsuch affiliatedbusinesses:
O Yes No
By signing below, the undersigned Merchant and Guarantors attestthat the above information istrue, accu ate,add car-¡2ste.
MERCHANT: NAKIS RESTAURANT GROUP L LC & THE GREEK GUY LLC D/B/A The Greek Guy
By: Christopher Nakis Title:Owner Date: 11/18/2019 x
{PrimName)
By: Title: Date: 1 1/18/2019 X
i PrimName) (55 re)
GUARANTOR #1: CHRISTOPHER NAKlS
By: Christopher Nakis Title:Individual Date: 11/I8/2019 x
(PrimNume) '.
Document Filed Date
September 22, 2020
Case Filing Date
February 14, 2020
Category
Commercial - Contract
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FILED: NEW YORK COUNTY CLERK 05/11/2020 09/22/2020 10:48 12:00 PM AM INDEX NO. 651042/2020 NYSCEF DOC. NO. 8 33 RECEIVED NYSCEF: 05/11/2020 09/22/2020 Greenwich Capital Greenwich Capital Management L.P. 5th 108 Greenwich Street, inquiries@gemcapitalgroup.com Merchant Questionnaire This questionnaire(the"Merchant Questionnaire") dated 11/18/20]9 is completed the undersigned merchant by ("Merchant") and guarantors (each a "Guarantor") and delivered to Greenwich CapitalManagement Limited Partnership ("Purchaser") in contemplation of Merchant and Purchaser into an agreement for the purchase and saleof Merchant's future entering receivables (an "Agreement"), Merchant's performance of itsduties and obligations thereunder to be guaranteed by the undersigned Guarantors. Merchant hereby acknowled ges that Purchaser is materkily relying on the truth, accuraqv, and cdmpleteness of the information provided below in_thisMerchant Duee±re±!-e in finalizingproposed terms for a po=ible Agreement. DUESTIONS FOR MERCHANT AND GUA1%ANTORS II -2 "frd space ls required to fully and adequately disclasa any requested information, please attach a separate sheet 1. Does Merchant (or any Guarantor) have any plans to close,sell transfer,or otherwise cease operating any portion of Merchant's business, whether permanently or temporarily (forrenovation, relocation, vacation;or for any other reason),inthe next 12 months? Ifyes, pleaseexplain: O Yes No 2. Has Mercham ever declared bankruptcy (or has a bankruptcy case ever been filedagainst Merchant), or is Merchant (orany Guarantor) currently considering filingforbankruptcy (orhas a bankruptcy case been threatened against Merchant)? Ifyes, please explain: D Yes No 3. Has Merchant entered into (ordoes Merchant intend to enterinto)any future receivables sales agreement with anyone other than Purchaser with respect to which paymems willbe made in thenext 12 months? Ifyes. please explain: O Yes No 4. Has Merchant ever modified (orbreached) any future receivables saleagreemem or business leridingagreement with anyone other thariPurchaser or has Merchant ever been in litigationwith respect to any such agreement? If yes, please explain: O Yes No 5. Does Merchant have any reason to anticipatea reduction inMerchant's revenue, cash flow,or business pmspects in thenext 12 months (including due to seasonality)?Ifyes, pleaseexplain: O Yes No 6. Is Merchant currently in arrears (or ever been in arrears for more than 30 days) on any rent payments to Merchant's landlord? Ifyes, pleaseexplain: O Yes No MERCHANT QUESTIONNAIRE Account Number: venion smas Page 1 of 2 19152 FILED: NEW YORK COUNTY CLERK 05/11/2020 09/22/2020 10:48 12:00 PM AM INDEX NO. 651042/2020 NYSCEF DOC. NO. 8 33 RECEIVED NYSCEF: 05/11/2020 09/22/2020 7. Is Merchant (or any Guarantor): (i)currently in arrearson any tax payments (including with respect to income taxes,sales taxes,propertytaxes,employment taxes,or any othertaxes);or (ii) currently under auditby any federal, stateor localtaxing authority? Ifyes,please explain: O Yes No __ 8. Does Merchant have more than one processing accoum or bank account thatMerchant uses toprocess or deposit its sales receipts(orotherwise operate or conduct Merchant's business)? Ifyes, pleaseexplain: O Yes No 9. Does Merchant (or any Guarantor): (i)have any outstanding lienor judgment (including,but notlimited to,any tax lienor taxjudgment); or have (ii) any reason to suspectthatany lienor judgment willbe filed againstitin the next 12 months? Ifyes,please explain (and describetheterms ofany payment plan, ifapplicable): O Yes he 10. IsMerchant (or any Guarantor) a party to any pending or litigation, has Merchant (or any Guarantor) been threatened by any legal actionwithin the lastI 2 months? Ifyes, pleaseexplain: O Yes No 11. Does any Guarantor currently own (orhas any Guarantor previously owned in thelastfiveyears) 10% or more of any business other than Merchant's business? Ifso, pleaselistfulllegalnames of allsuch affiliatedbusinesses: O Yes No By signing below, the undersigned Merchant and Guarantors attestthat the above information istrue, accu ate,add car-¡2ste. MERCHANT: NAKIS RESTAURANT GROUP L LC & THE GREEK GUY LLC D/B/A The Greek Guy By: Christopher Nakis Title:Owner Date: 11/18/2019 x {PrimName) By: Title: Date: 1 1/18/2019 X i PrimName) (55 re) GUARANTOR #1: CHRISTOPHER NAKlS By: Christopher Nakis Title:Individual Date: 11/I8/2019 x (PrimNume) '.