Motion

Counsel for BDT Investments Inc. and Lisa, S.A. jointly filed this motion before the Twelfth Circuit Civil Court of Panama, requesting issuance of a letter rogatory to notify Guatemalan authorities that the attachment over Lisa's shares in various Guatemalan companies has been lifted. The motion relies on Order No. 898 of April 12, 2022, which approved the parties' extrajudicial settlement and ordered the lifting of all precautionary measures, a ruling that is now final and enforceable.

Procedural Context

The attachment originally decreed under Order No. 1838 of December 12, 2012 encumbered both bank funds in Panama and Lisa's shares in Guatemalan companies. By January 2025, the Court had already issued official notices to Panamanian banks communicating the lifting, including Official Notice No. 30 of January 3, 2025. However, notifying Guatemala required a letter rogatory as an instrument of international judicial cooperation, a procedure that both parties requested in a coordinated filing.

Practical effect: The joint nature of the motion, signed by both Lcdo. Carlos De Icaza Muñoz (counsel for BDT) and Lcda. María Luisa Villarreal Palacios (counsel for Lisa), confirms that no dispute exists between the parties regarding the lifting. The need for this step demonstrates that, despite the definitive resolution of the attachment, Lisa's shares in Guatemala remained formally encumbered in Guatemalan registries due to the absence of international judicial communication.

Relief Sought

• That the Court prepare and transmit a letter rogatory to the competent authorities of the Republic of Guatemala to communicate the lifting of the attachment over Lisa, S.A.'s shares in various Guatemalan companies, pursuant to Order No. 898 of April 12, 2022.

Signatories

• Carlos Enrique De Icaza Muñoz, Lcdo., Counsel for BDT Investments Inc. (plaintiff)
• María Luisa Villarreal Palacios, Lcda., Counsel for Lisa, S.A. (defendant)