On December 21, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Yasemin Tekiner,
Yasemin Tekiner
In Her Individual Capacity, As A Beneficiary And A Trustee Of The Yasemin Tekiner 2011 Descendants Trust And Derivatively As A Holder Of Equitable Interests In A Shareholder Or A Member Of The Company Defendants,
and
254-258 W. 35Th St. Llc,
Berrin Tekiner,
Billur Akipek
In Her Capacity As A Trustee Of The Yasemin Tekiner 2011 Descendants Trust,
Bremen House Inc.,
Bremen House Texas, Inc.,
German News Company, Inc.,
German News Texas, Inc.,
Gonca Tekiner,
Zeynep Tekiner,
for Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 03/22/2023 11:25 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1438 RECEIVED NYSCEF: 03/22/2023
E X HI BI T 2
FILED: NEW YORK COUNTY CLERK 03/22/2023 11:25 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1438 RECEIVED NYSCEF: 03/22/2023
PAYMENT AGREEMENT
This Payment Agreement CAgremnant") is made and entered into betnest and amcag
Yasemia Tekiner FYasemin"),Zeynep Tekiner CZoynop'l and the law firms of Foley Hong ILP
CFoley*1Pudcer Enahim & Bag IJ.P("PHY< Kahn & Goldberg, FKahn")LLP and Greenfield
"Party,"
Stein & Senior, LLP ("GSS") (each individually a and collectively, the "Parties") as of
the date listed below. This Agmement modifies the retainer mpeements between Yssemia,
Zaynop, Foley, PIB, Kahn and GSS {the "Retainer Asseements").
1. This Agreement shall be considued as part of the Comemn Interest Magenals, as
Pardes'
that tenn is defined in the Joint Common Interest Agremnant executed by the Parties on
March 17-19, 2022, and shalt be deemed to be confidertial and privilqput
2. On April 11, 2022, Yasemin and Zaynep entered into a nonbinding Term Sheet(the
"Tam Sheef') in amnection with financing of certain
lawsuits {the "Litigation") identified in the Tenn Sheet. The Parnes to this Agreement are
mentiating a binding agreement with (the Funding Agreement)) This Ascement is
conditioned on the executin and delivery of the Funding Agmment
3. Foley, PIB, Kahn and GSS (the "Law Firms") agree toaccept
5. The Litigation Proceeds shall be paid:
a.
as their whasawin ee TimumShes
1
FILED: NEW YORK COUNTY CLERK 03/22/2023 11:25 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1438 RECEIVED NYSCEF: 03/22/2023
o
FILED: NEW YORK COUNTY CLERK 03/22/2023 11:25 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1438 RECEIVED NYSCEF: 03/22/2023
8. This Agreement mg be executed in sepands counserparts and shall befidly binding
upan: (a) amacation and delivery atthis Agreeman; and (b)execulian and daTnery af the F"mrling
Agreenents.Each Party shall be provided with copies of all acecuted counterparts and have access
to the original =nal counearparts, which shall be maintained by Yasendn or Ya""min's
Counsd.
9. This Agreement ahall be governed by and constmed in accordance with thelaws d
the Stata dNew York and may be anthread in any Surt d competent jurisdiction. The Parties
agee thatinjuncdve relieC both sampany and periar""e is an appropriate method of enf brcing
this Agreement and thatthis Agremnant shall be specifically enitneeshle.
10. This Agreemmt is not insended 103 and ahat ant, meana rights in any perenn or
entity ne a party hareta
11, This Agr=== not be amended or mediiled, eNept a aching aigned
may by by
aD parties.
nam± M 1 I, 2012
Shpassee Phy pr to FoBow
3
FILED: NEW YORK COUNTY CLERK 03/22/2023 11:25 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1438 RECEIVED NYSCEF: 03/22/2023
Yasemin Tekiner Tekiner
Dese: De 2 o 2. 2.
BHtRIN ISGUDEN ]RREVOCABLE
TRUST
By:
Yasemin Tekiner,
Thistae .
By By:
Stephen Younger Michele Kahn
Foley Hoag LLP Kahn & Goldberg, LLP
Date: Dam
By:
Scott W. Parker
Parker Brahim & Berg LLP
Dam
By:
Gary B.1¾eidman
GreenHeM Stein & Senior, LLP
'
Date:
h
FILED: NEW YORK COUNTY CLERK 03/22/2023 11:25 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1438 RECEIVED NYSCEF: 03/22/2023
By: By:
Yasemin Takiner Zeynep Takiner
Date: 5////3.22 o,e,
BERRIN ISGUDEN IRREVOCABLE
TRUST
By:
Yasemin Tekiner,
Trustee
By: gy:
Stephen Younger Michele Kahn
Foley Hoag LLP Kahn & Goldberg, LLP
Date Date:
By:
Scott W. Parker
Parker Ibrahim & Berg LLP
Date:
By:
Gary B. Freidman
Greenfield Stein & Senior, LLP
Date:
4
FILED: NEW YORK COUNTY CLERK 03/22/2023 11:25 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1438 RECEIVED NYSCEF: 03/22/2023
By-
By:
Yasemin Tokiner Zaynap Takiner
Date-
Date:
BERRIN ISGUDEN RREVOCABLE
TRUST
By:
Yasemin Tekiner,
Trustee
By·
By
Stephen Yonager Michele Kahn
Foley Hmg LLP Kahn & Goklberg, LLP
10
Date: ha7 I't Date:
By
Scott W. Parker
Paricer lbrahim & Bag LLP
Dec
By:
Gary B. theidman
GreenBeM Stein & Senior, LLP
Date:
4
FILED: NEW YORK COUNTY CLERK 03/22/2023 11:25 PM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1438 RECEIVED NYSCEF: 03/22/2023
By: ____ .. _____ . By:
Yasemin Tekiner Zeynep Tekiner
BERRIN ISGUDEN IRREVOCABLE
TRUST
By: _
Yasemin Tekinct,
Trustee
By: _______ ____
Stephen Younger Michele Kahn
Foley Haag LLP Kahn & Goklberg, LLP
Date: Date
By: _ .
Scott W. Parker
Parker Ibrahim & Berg LLP
Date:
By:
Green&shi Stein & , LLP
Document Filed Date
March 22, 2023
Case Filing Date
December 21, 2020
Category
Commercial Division
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FILED: NEW YORK COUNTY CLERK 03/22/2023 11:25 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1438 RECEIVED NYSCEF: 03/22/2023 E X HI BI T 2 FILED: NEW YORK COUNTY CLERK 03/22/2023 11:25 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1438 RECEIVED NYSCEF: 03/22/2023 PAYMENT AGREEMENT This Payment Agreement CAgremnant") is made and entered into betnest and amcag Yasemia Tekiner FYasemin"),Zeynep Tekiner CZoynop'l and the law firms of Foley Hong ILP CFoley*1Pudcer Enahim & Bag IJ.P("PHY< Kahn & Goldberg, FKahn")LLP and Greenfield "Party," Stein & Senior, LLP ("GSS") (each individually a and collectively, the "Parties") as of the date listed below. This Agmement modifies the retainer mpeements between Yssemia, Zaynop, Foley, PIB, Kahn and GSS {the "Retainer Asseements"). 1. This Agreement shall be considued as part of the Comemn Interest Magenals, as Pardes' that tenn is defined in the Joint Common Interest Agremnant executed by the Parties on March 17-19, 2022, and shalt be deemed to be confidertial and privilqput 2. On April 11, 2022, Yasemin and Zaynep entered into a nonbinding Term Sheet(the "Tam Sheef') in amnection with financing of certain lawsuits {the "Litigation") identified in the Tenn Sheet. The Parnes to this Agreement are mentiating a binding agreement with (the Funding Agreement)) This Ascement is conditioned on the executin and delivery of the Funding Agmment 3. Foley, PIB, Kahn and GSS (the "Law Firms") agree toaccept 5. The Litigation Proceeds shall be paid: a. as their whasawin ee TimumShes 1 FILED: NEW YORK COUNTY CLERK 03/22/2023 11:25 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1438 RECEIVED NYSCEF: 03/22/2023 o FILED: NEW YORK COUNTY CLERK 03/22/2023 11:25 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1438 RECEIVED NYSCEF: 03/22/2023 8. This Agreement mg be executed in sepands counserparts and shall befidly binding upan: (a) amacation and delivery atthis Agreeman; and (b)execulian and daTnery af the F"mrling Agreenents.Each Party shall be provided with copies of all acecuted counterparts and have access to the original =nal counearparts, which shall be maintained by Yasendn or Ya""min's Counsd. 9. This Agreement ahall be governed by and constmed in accordance with thelaws d the Stata dNew York and may be anthread in any Surt d competent jurisdiction. The Parties agee thatinjuncdve relieC both sampany and periar""e is an appropriate method of enf brcing this Agreement and thatthis Agremnant shall be specifically enitneeshle. 10. This Agreemmt is not insended 103 and ahat ant, meana rights in any perenn or entity ne a party hareta 11, This Agr=== not be amended or mediiled, eNept a aching aigned may by by aD parties. nam± M 1 I, 2012 Shpassee Phy pr to FoBow 3 FILED: NEW YORK COUNTY CLERK 03/22/2023 11:25 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1438 RECEIVED NYSCEF: 03/22/2023 Yasemin Tekiner Tekiner Dese: De 2 o 2. 2. BHtRIN ISGUDEN ]RREVOCABLE TRUST By: Yasemin Tekiner, Thistae . By By: Stephen Younger Michele Kahn Foley Hoag LLP Kahn & Goldberg, LLP Date: Dam By: Scott W. Parker Parker Brahim & Berg LLP Dam By: Gary B.1¾eidman GreenHeM Stein & Senior, LLP ' Date: h FILED: NEW YORK COUNTY CLERK 03/22/2023 11:25 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1438 RECEIVED NYSCEF: 03/22/2023 By: By: Yasemin Takiner Zeynep Takiner Date: 5////3.22 o,e, BERRIN ISGUDEN IRREVOCABLE TRUST By: Yasemin Tekiner, Trustee By: gy: Stephen Younger Michele Kahn Foley Hoag LLP Kahn & Goldberg, LLP Date Date: By: Scott W. Parker Parker Ibrahim & Berg LLP Date: By: Gary B. Freidman Greenfield Stein & Senior, LLP Date: 4 FILED: NEW YORK COUNTY CLERK 03/22/2023 11:25 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1438 RECEIVED NYSCEF: 03/22/2023 By- By: Yasemin Tokiner Zaynap Takiner Date- Date: BERRIN ISGUDEN RREVOCABLE TRUST By: Yasemin Tekiner, Trustee By· By Stephen Yonager Michele Kahn Foley Hmg LLP Kahn & Goklberg, LLP 10 Date: ha7 I't Date: By Scott W. Parker Paricer lbrahim & Bag LLP Dec By: Gary B. theidman GreenBeM Stein & Senior, LLP Date: 4 FILED: NEW YORK COUNTY CLERK 03/22/2023 11:25 PM INDEX NO. 657193/2020 NYSCEF DOC. NO. 1438 RECEIVED NYSCEF: 03/22/2023 By: ____ .. _____ . By: Yasemin Tekiner Zeynep Tekiner BERRIN ISGUDEN IRREVOCABLE TRUST By: _ Yasemin Tekinct, Trustee By: _______ ____ Stephen Younger Michele Kahn Foley Haag LLP Kahn & Goklberg, LLP Date: Date By: _ . Scott W. Parker Parker Ibrahim & Berg LLP Date: By: Green&shi Stein & , LLP