7    construed as an acknowledgment of the appropriate forum outside the bankruptcy court to address any such issues, with all Parties’ rights expressly reserved.  b. Nothing herein shall prejudice the rights of any party, including Bravo Luck and PAX to proceed with the BVI Litigation, provided that PAX, Bravo Luck, Kwok, Guo or any of his or its affiliates reserve the right to assert claims in the Bankruptcy Court relating to its status as a creditor of the Debtor, and PAX reserves all rights to oppose such claims on any grounds. In addition, notwithstanding anything contained herein to the contrary, nothing in this Agreement shall prejudice the rights of any Party, including Bravo Luck and PAX, from proceeding with any and all claims, if any, against anyone, including Bravo Luck, Kwok, Guo, or any of his or its affiliates, and PAX or any of its affiliates, in BVI, State Court, or otherwise, and Bravo Luck and PAX reserve all rights to oppose such claims in the applicable forum.   Genever Settlement Agreement ¶ 7(a), (b).  On January 6, 2022, Genever (US) filed its Chapter 11 liquidating plan of reorganization  (the “Plan”)17 and its disclosure statement pursuant to 11 U.S.C. § 1125 (the “Disclosure  Statement”).18 In the Disclosure Statement, the Debtor explains that it  sought Chapter 11 relief on October 12, 2020 in the face of multiple court disputes relating primarily to the beneficial ownership of the [Sherry-Netherland Apartment] as between Bravo Luck Limited (“Bravo Luck”) and Pacific Alliance Asian Opportunity Fund (“PAX”). The litigation is pending in the Supreme Court, New York County (Index No. 652077/2017) (the [NY State Court]) and in the Eastern Caribbean Supreme Court in the British Virgin Islands (Index. No. VIHCOM2020/0137) (the “BVI Court”). The litigation has been generally referred to as the “Ownership Dispute” throughout the Chapter 11 case, and is defined as such for the purposes of the Plan and this Disclosure Statement.   Disclosure Statement at 1-2. The Debtor says that “[i]n the face of the competing claims and  multiple lawsuits, the Debtor sought Chapter 11 relief in order to be in a position to pursue a sale  of the [Sherry-Netherland Apartment] . . . and monetize the asset.”Id.at 2-3. The Debtor explains  that “[d]uring the Chapter 11 case, [it] was able to reach a comprehensive global settlement with  Bravo Luck and PAX . . . ” and that the agreement is embodied in the Genever Settlement    17See Debtor’s Liquidating Plan of Reorganization, NY ECF No. 164.  18See Debtor’s Disclosure Statement, NY ECF No. 165.  Case 22-50592 Doc 225 Filed 11/03/22 Entered 11/03/22 16:09:04 Page 7 of 26

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