Motion

BDT Investments Inc. asks the Twelfth Civil Court of the First Judicial Circuit of Panama to issue an international letter rogatory addressed to the competent judicial authorities of the Republic of Guatemala, formally requiring Villamorey, S.A. to render a complete and detailed accounting of the management, administration, disposition, and current status of the $19,000,000.00 deposit that the company held or continues to hold in accounts at GTC Bank in Guatemala. Filed by attorney Carlos De Icaza on May 28, 2025, the motion is part of BDT's strategy to obtain financial information that Villamorey has refused to provide voluntarily.

Information Requested

The motion specifies in detail the information Villamorey must provide:

• Current status of the accounts linked to the $19,000,000.00 deposit, including the total amount currently available, the opening date, and the general terms of the financial instrument
• Whether the funds have been released, in whole or in part, to any natural or legal person, specifying the beneficiary's name, amount transferred, date, and method of payment
• Certified copy of the banking file for the account or accounts Villamorey holds or has held at GTC Bank
• Consolidated records of all transactions, including deposits, withdrawals, internal or international transfers, charges, and any other recorded movements

Legal Basis

• Article 2(b) of the Inter-American Convention on Letters Rogatory (Convención Interamericana sobre Exhortos o Cartas Rogatorias), which authorizes the obtaining of evidence and reports abroad through letters rogatory issued in civil proceedings between States Parties. The request constitutes a financial, banking, and documentary report directed at a company domiciled in Guatemala regarding funds whose administration is under judicial scrutiny in Panama. Guatemala has made no reservation to this provision, making its application direct and fully operative.

Procedural Context

BDT grounds the motion on the absence of any legal impediment to Villamorey's disclosure obligation. Order No. 898 of April 12, 2022 lifted the attachment decreed by Order No. 1838 of December 12, 2012 over the funds Villamorey was to deliver to Lisa, S.A. from accounts at GTC Bank. That lifting was communicated to Villamorey through Official Notice No. 28 of January 2025, reiterating a prior notification from December 2022 (Official Notice No. 3409). No precautionary measure remains in effect that would prevent disclosure or the rendering of accounts.

This motion forms part of a pair of filings submitted simultaneously on May 28, 2025. The companion motion targets GTC Bank directly for account information, while the present filing addresses Villamorey as the account holder and administrator of the funds. Together, the two motions seek to foreclose any avenue by which the parties involved could evade the obligation to account for the $19,000,000.00.

Signatories

• Carlos De Icaza, Counsel for BDT Investments Inc.