set aside for the debtor's sale of their marine
land assets located in Florida. In particular,
the debtors are seeking approval of the sale
of their business at the Marine Land Dolphin
Adventure Facility as a going concern. And the
debtors are seeking approval of the transfer
of three dolphins from the Marine Land Facility
to Theater of the Sea, which is an educational
marine park also located in Florida. When we
were last before you on Monday, Your Honor, the
court approved the debtor's request to reopen
the auction for the sale of marine land because
the debtors have received a bid that would provide
slightly higher value from the marine land assets
than the then designated successful bid that
had been submitted by Delightful Development.
Specifically, Delightful Development had submitted
a bid for $7 .1 million in cash for the real
property associated with the facility. LLC had
submitted a bid for $6 .5 million in cash, assumption
of liabilities, assumption of contracts, and
employment to the debtors' employees. That bid
provided the debtors with approximately $635
,000 in cost savings, which provided the debtors
with slightly over $7 .1 million in value. The
parties proceeded to an auction on Monday afternoon,
at which no other parties decided to bid further.
Therefore, Apex Association was designated the
highest bid. We filed a notice of successful
bid on the docket yesterday at docket number
729. The debtors also filed a conformed sale
order on the docket yesterday at docket number
731. The debtors are prepared to go forward today
with the sale of marine land as a going concern
to Apex Association. If it pleases the court,
I will begin with an evidentiary record. We have
five witnesses today. We have Mr. Boardman, Mr.
Mletchko, Mr. Wagstaff, Mr. Rubel, and Mr. Jackson.
With the court's permission, Mr. Rubel and Mr.
Jackson are appearing via Zoom. The debtors have
filed six corresponding declarations at docket
numbers 633 -703 -705 -706 -707. and 727. Your
honor, if I may approach, we have all of our
exhibits today in the binder. I can just sit.
Yes, thank you. Mr. Jackson's declaration is
DACA number 633. Mr. Boardwins is 703. Mr. Malachkos
is 705. Mr. Wagstaff has two declarations at
706 and 707. And Mr. Rubel's declaration is at
727. Mr. Rubel is the successful bidder for the
Marineland transaction. Mr. Jackson is the successful
bidder for the Theater of the Sea transaction.
Mr. Boardwin is with Keen Summit, and he is the
debtor's real estate broker. Mr. Malechko is
with Green Hill, which is the debtor's investment
banker. Mr. Wagstaff is the debtor's CRO. I believe
that the exhibits that we're submitting today
are being or seeking to have them admitted and
I believe that they are uncontested at this time.
We would ask that those be admitted as the direct
testimony in support of the sales. Does anyone
object to any of the declarations that Council
has asked to be admitted into evidence? which
are found at dockets number 466, 471, 495, 498,
527, 533, and 581 admitted. And those are also
included in the exhibit binder you provided.
Are there any objections to those declarations
which I understand are certificates of service
that Council has listed? Also, Your Honor, we
have a few additional exhibits. There's a DIP
budget and the underlying purchase agreements
that are included in the binder as well. Just
to cover all the bases, we ask that all of the
exhibits that be submitted with that binder be
admitted into evidence. Well, let's walk through
them so that parties know what they are. Aside
from the declarations... It'll be easier to say
what's not in here that isn't a declaration,
because it's primarily the declarations. 2A is
the Jacobi letter of intent, which is attached
to one of the declarations. the asset purchase
agreement for the backup bid. Eight is the transfer
agreement to theater of the seat. Nine is the
dip budget that goes through January 4th. The
rest are certificates of service. Not that it
needs to be in here, but there's a bid procedures
order as well. Objections to any of those exhibits
coming into evidence. I hear none, they're admitted.
Thank you, Your Honor. I'll briefly pause here.
Your Honor, my colleague Mr. Nyberg would like
to proffer the supplemental testimony of Mr.
Wagstaff, which will cover the reopening of the
auction on Monday. Okay, I will permit that and
then I will also afterwards ask if there is any
cross -examination of any of the witnesses. Either
the declarants or Mr. Wax. Thank you. Mr. Nyberg.
Morning, Your Honor. Michael Nyberg, premium
Conaway on behalf of the debtors. My reading
goggles on. Your Honor, thank you. With call
to testify, Mr. Wax staff would testify that
since the October 27th hearing, debtors brought
counsel for Apex up to speed on the sale process,
bidding procedures, and necessary documentation
required for a going concern sale. of the marine
land property. Apex requested when their debtors
granted extensions to the bid deadlines and late
in the evening of Thursday, November 6, Apex
submitted a going concern bid in the amount of
$6 .5 million. The bid package received from
Apex consisted of a markup of the form APA that
the debtors had provided, a budget, and copies
of certain account statements to demonstrate
sufficient funds for the purchase price. Mr.
Weichstaff would also testify that between November
7 and November 9, the debtors' advisors engaged
in multiple extensive discussion with APEX's
council regarding the terms of the proposal.
The debtors, their advisors, and council also
met numerous times between November 6 and November
9 with the lenders and their council and council
for the committee to assess the APEX bid. Mr.
Waxf would further testify that the debtors determined
that the APEX going concern bid, which provided
for $6 .5 million in cash, assumption of all
contracts, retention of substantially all employees,
and no contingencies to closing, would allow
the debtors to realize significant administrative
cost savings of approximately $635 ,000 as compared
to the delightful development real property bid.
And while the Apex bid was for $6 .5 million
in cash as compared to Delightful Development's
$7 .1 million cash offer, the debtors determined
that the Apex Going Concern bid provided greater
overall value to the estates through the combination
of cash plus avoided costs. Mr. Wagstaff would
testify that the debtors worked with Apex and
its council to finalize the APA, and Apex submitted
an executed version of the APA to the debtors.
considered the alternatives. After consulting
with the consultation parties, the debtors determined
that the best path forward for maximizing value
and to ensure a thorough process was to reopen
the auction. Mr. Wagstaff would then testify
that after the November 10 status conference
before the court, the debtors assembled the participating
bidders, Hudson Companies, Delightful Development,
and Apex, and the auction was reopened. Before
the auction was formally commenced, The debtors
advised the bidding parties that the APEX bid
was the current highest and best offer, inviting
the parties to submit competing bids. At the
auction, the debtors advised the bidders as to
the terms of the bidding procedures and how the
debtors would value the different bids received
by the parties in terms of overall consideration
to these dates. Mr. Wagstaff would testify that
Hudson and Delightful Development both declined
to spend an additional bid. Delightful Development
confirmed for the record that it shall be considered
the backup bidder, and Hudson confirmed it shall
be considered the backup, backup bidder. Finally,
Mr. Wagstaff would testify that the Marineland
sale and the three Dolphins being sold to Theodor
Sieg is critical to the debtor's ability to continue
these Chapter 11 cases given the current dip
budget and financial circumstances of the debtors.
In particular, the early December close date
was the material term of the Apex deal. that
will allow the debtors to manage liquidity. The
proceeds from these sales are necessary to satisfy
the debtor's immediate cash needs through the
end of 2025. That concludes the proffer to supplement
Mr. Wagstaff's declaration testimony, Your Honor.
Thank you. I will accept that as his proffer.
Does anyone wish to cross -examine Mr. Wagstaff?
Does anyone wish to cross examine Mr. Lesko?
to cross examine Mr. Jackson. Does anyone wish
to cross examine Mr. Rubel? I hear no one. May
continue. I'll try to avoid repetition from prior
hearings, Your Honor, but there is a little bit
of overlap on the marketing process. So hopefully
I can establish that quickly and we can get to
today's event. As this court well knows, the
debtors began these cases with significant liquidity
challenges. Let me ask this question, I'm sorry,
before you go on. Is this the beginning of your
argument? Well, yes, Your Honor. Okay. Let me
ask if there's any objecting party that has any
evidence that they want to present. I hear no
one. The evidentiary record is closed. Thank
you, Your Honor. So the debtors began these cases
in a tough position. They had significant liquidity
challenges and substantial obligations to their
business and their employees, their animals,
etc. The debtors initially focused on obtaining
necessary post -petition financing. Ultimately,
that was approved in the amount of $43 million
in new money, as Mr. Keenan discussed on Monday.
After engaging in a substantial amount of litigation
over governance and other issues, the debtors
stabilized their operations and then commenced
a sale and marketing process, which began in
earnest in July. The debtors' investment banker
and real estate broker Greenhill and Keen Summit,
respectively, conducted the marketing of the
Florida assets. The Marineland facility itself
was marketed as a joint effort between Keen and
Greenhill, both as a going concern sale and a
real property sale. The bid and objection deadlines
for the other Florida assets, which included
marine land, was established as October 6th.
The auction was scheduled for October 13th, and
the deadline to object to conduct of the auction
was established as October 16th. The bid procedures
order, including the bid procedures, were served
on the notice parties identified in the bid procedures
order, which included the entire creditor matrix,
contract counterparties, anyone expressing an
interest in the assets and all of the regulatory
and governmental authorities implicated by the
damage operations. The Keen and the Greenhill
teams created and refined marketing materials
for the assets, which included a confidential
information memorandum, which was provided to
any interested party. The Keen team, in addition,
coordinated drone and other exterior photography,
which was used for the marketing materials and
the property listings. Those materials were sent
directly to strategic buyers, both regionally
and Florida and nationally. The Keen team published
print advertisements of the sales in the Miami
Herald and various regional news publications.
In addition, electronic marketing materials were
circulated via digital advertisements, internet
listings, and industry publications. Keen also
coordinated a... mass email publication to more
than 20 ,000 contacts in Keen's proprietary database
and using certain specialty commercial real estate
software. So these substantial efforts led to
significant engagement with various parties and
interests. Those stats, the debtors were able
to track the views of the electronic marketing
materials. The materials received tens of thousands
of views. executed confidentiality agreements
to access the virtual data room and conduct due
diligence. And the Keen and the Green Hill teams
engaged extensively with parties regarding various
aspects of the case and the proposed transactions.
Leading up to the bid deadline to establish a
baseline bid from Marineland at the auction and
in consultation with the consultation parties,
which in this case are the committee and the
lenders, the debtor selected a stocking horse
bid for the real property associated with Marineland.
of 3 .5 million. Thereafter, the debtors received
bids for the real property in excess of the starting
course bid, and the sale proceeded to an auction.
On the eve of the auction, about four days after
the bid deadline, the debtors received a nonbinding
letter of intent from John and Barbara Ruble
for Marineland as a going concern. At that time,
the debtors reviewed and considered the letter
of intent submit a qualified bid. Ultimately,
the rubles at that time, who were working with
a few other individuals, were unable to submit
a qualified bid in advance of that auction. Therefore,
at that time, the debtors proceeded with two
bidders for the marine land assets. Harold Boardwin,
who's in the courtroom today with King Summit,
presided over the auction. The debtors met with
each party in advance. The bidders had an opportunity
to answer questions, to have both the auction
process and the specific bidding procedures.
Thereafter, the auction began with Marineland
Property at a starting bid of 3 .7 million, and
it proceeded in $50 ,000 increments over 34 rounds.
Delightful Development was identified as the
successful bidder with a winning bid of 7 .1
million. Hudson Companies LLC was selected as
the backup bidder with a bid of 7 .05 million,
which comprises $6 .98 million in cash, and then
the $70 ,000 breakup fee as non -cash consideration.
At that time, the debtors had not received and
still had not received any other bids for the
dolphins at Marineland. Theater of the Sea was
designated a successful bidder for those dolphins.
Originally, Theater of the Sea proposed to take
two dolphins, but after discussions with the
debtors and after viewing the dolphins, Theater
of the Sea agreed to take three dolphins, which
comprise two siblings and a mother. I'll get
to this a little bit more, but I'll just say
now that Theater of the Sea is an established
and family -owned and licensed educational marine
park that's been operating since 1946. It's also
located in Florida. Its mission is to provide
homes for animals while inspiring awareness and
sensitivity toward animals, the environment,
and conservation issues. It has notably had a
handler on site at Marineland for weeks. And
again, it has the requisite permits in place.
The purpose of having that handler on place is
to bond with the animals, ensure that there's
someone there supervising care. I think it's
pretty clear and demonstrated a significant interest
in ensuring that the transaction closes timely
and they're well prepared to transfer the animals.
So following the conclusion of the initial auction,
Your Honor, the debtors filed notices of successful
bidders, proposed sale orders, and executed asset
purchase agreements, and those can be located
on the docket at 582 -603 -629 -630 -631 -647.
To delightful development. However, as your honor
is aware, the rubles and certain other folks
objected to the South and asserted that they
did not have a sufficient opportunity to bid.
As we sure that you saw in our papers, the debtors
strenuously disagree with the coalitions position
on that point. However, the debtors hurt your
comments and notably the coalition obtained Mr.
Joyce as counsel, which as I mentioned on Monday
was. extremely helpful. We discussed with Mr.
Joyce the status of the sale process, the history
of his client's efforts, the circumstances of
the Chapter 11 cases. We provided him with a
summary of bid requirements, the relevant sale
pleadings, a form APA for marine land as a going
concern, which was available to all bidders in
the data room. We explained that if the coalition
wished to have additional time to submit a bid,
for the marine land assets, then the debtors
would extend the deadline to October 31st. On
the 30th, Mr. Joyce requested a further extension,
and the debtors agreed to further adjourn the
bid deadline for the coalition to November 3rd.
November 3rd came and went. Without a bid from
APEX or other members of the coalition, we understood
from discussions with Mr. Joyce and APEX, that
the coalition had been working to submit a bid,
but at that time there were significant challenges
and it was unclear when or if they would. So
we proceeded to submit our replies in support
of the sale, along with proposed orders. On Thursday,
November 6th, last week, APEC submitted a bid
to the debtors for marine land as a going concern.
That bid package, as Mr. Nyberg discussed, consisted
of a markup of the form APA that the debtors
had provided APEX, a budget, copies of certain
account statements to demonstrate sufficient
funds for the purchase price. The debtors had
additional questions about the bid submissions,
including with respect to various regulatory
issues. And so Council for the Debtors and Mr.
Joyce extensively discussed the terms of the
proposal. Thereafter the debtors advisors for
the debtors advisors the lenders their advisors
We also discussed with Council for the UCC We
all met several times on Friday and over the
weekend To assess the economics of the proposal
And that included an analysis of the net cash
proceeds that would be available to the state
to the estate with respect to each proposed transaction
the bid submitted by No. 1 Apex Association would
yield approximately $635 ,000 in non -cash consideration
to the estate in the form of cash savings associated
with not having to move animals, not incurring
fees associated with various wind down issues.
While the debtors were hesitant, as Mr. Nyberg
discussed, to disrupt the sale process, the debtors
extensively considered the available alternatives.
and determined that the best path forward for
maximizing value to creditors and to ensure a
thorough process was to reopen the auction and
proceed with additional bidding. As I mentioned
this morning, we reopened the auction on Monday
afternoon. It proceeded by Zoom. The debtors
worked with all parties in advance, including
the backup bidder, to ensure that the parties
could attend. And the debtors followed the same
procedures that I previously outlined regarding
the initial auction. The bidders committed to
complying with the bidding procedures, and they
confirmed that they had not engaged in collusion
or any other improper practices. After reopening
the auction, the debtors announced the highest
bid, and no further bidding ensued. Therefore,
the debtors closed the auction and selected Apex
as the successful bidder. Delightful development
and Hudson Companies, as Mr. Nyberg discussed,
both committed to be backup bidders. So just
briefly provide some quick overview of the bids.
They're fairly straightforward. With respect
to Theater of the Sea, it's a $500 ,000 cash
bid. Transfer will occur shortly after closing.
Again, Theater of the Sea is already on site
and already has all the necessary permits, and
we would expect the closing to proceed promptly.
Theater of the Sea is responsible for the transport
of the animals. That has always been a provision
of the transfer agreement and the arrangement
with Theater of the Sea. But we've also made
that clear in the sale order as well that Theater
of the Sea will be the party responsible for
transporting the animals. With respect to marine
land, there are no contingencies. There are a
few termination rights to the extent that certain
governmental approvals are not obtained promptly.
The closing of the sales are contemplated to
take place promptly with an outside date of not
later than December 5th. That was an important
and material term for the debtors, and as you've
discussed, there's liquidity challenges here,
and we need to ensure that there's sufficient
time for the debtors to, one, obtain and receive
the sell proceeds, but then if there is any issue
with closing, that we have sufficient time to
be able to close on a backup transaction before
the end of the year. All of the sales are subject
to a broker fee. Marineland, as I mentioned,
was jointly marketed, so there's a split fee
with Green Hill. and in the case of Theater of
the Sea for Green Hill. Go ahead, excuse me,
given that the assets are being sold as a going
concern, the animals at Greenland will, except
for the three that are moving to Theater of the
Sea, will remain in place. So that's an overview
of the bid. Before I move on to sort of the standards
for sale approval, which I know Your Honor is
very familiar with, is there any other questions
that you have about the bid? Yes, I do. What
contracts are being taken? Do we know at this
point, I didn't see schedules in what was sent
over? There's a notice of assumption and assignment
on the docket, Your Honor, and they're taking
all of the marine land contracts that are associated
with that. Okay, and that was sufficiently noticed
out, so parties have that notice, and are there
any cure issues? seen your objections on the
agenda. The only objection that we received and
wasn't an objection. Really, it was a reservation
of rights was from the landlord for dolphin connection.
So a totally different property, totally not
not a contract that's relevant to the sale. Okay,
thank you. Well, as your Honorable knows, the
standard for approval today is whether the debtors
have demonstrated sound business justification
that there's been adequate and reasonable notice
of the sale. that the sale has been proposed
in good faith, and that the purchase price is
fair and reasonable. The record establishes all
of those factors. And as Mr. Wagstaff's testimony
demonstrates, the debtors are facing liquidity
challenges that's borne out in the dip budget
that we have submitted, and they must sell their
assets to mitigate cost and maximize value for
creditors. As Mr. Boardman and Mr. Miletschko's
testimony demonstrates, the debtors ran a thorough
and public process pursuant to the court's bidding
procedures. The debtors filed and served all
of the documents required by the bidding procedures
to all of the notice parties in these cases,
which is borne out in the affidavits of service
that we've submitted. And then finally, Mr. Ruble's
declaration confirms that the bid was submitted
in good faith and without collusion. On that
record, Your Honor, we submit that the approval
of the sale is in the best interest of all creditors
and stakeholders, and that the debtors have demonstrated
sound business judgment in moving forward with
the sale. So we do ask that the court approve
this out. I'll note just for the record and to
kind of go through some of the responses that
we received. We had previously noted that we
received an informal response from the Office
of the United States Trustee. We resolved that
response with some revision to the proposed sale
order. We also received an objection from Tradewinds,
which is a judgment creditor of Controladora
Dolphin, another debtor. Tradewinds withdrew
its objection at And that leaves, Your Honor,
the several letters that have been docketed over
the past few weeks objecting to the marine land
property. We submit that those are largely moot
at this point. Several of them had requested
that the dolphins remain in place and that marine
land continue as a going concern which obviously
this transaction accomplishes. To the extent
that there are any outstanding responses by this
particular transaction. We would submit that
those parties, while I'm sure it has been informative
for the court and other parties in interest,
do not have standing. I'm happy to answer any
questions that you may have about the transactions
or the sale order, which I appreciate we filed
later yesterday, so I'm sure you haven't had
a ton of time to review. I have not, which is
one of the reasons I was 10 minutes late. Thank
you. But let me hear from others. Good morning,
Your Honor. Paul Keenan from Baker McKenzie on
behalf of the DIP lenders. Just a few comments
on the economic... First of all, I just want
to thank Closing for this date for the sales
on December 5th and as I explained on Monday
especially when it comes to going concern sales,
there are issues and closing dates slip. This
one can't slip and it's not just because that's
the way the dip lenders feel, but it's because
the CRO has essentially formed us based on their
pro forma dip budgets that the estate is going
to have serious liquidity issues as of mid December
if the three sales don't close, meaning the sale
for St. Augustine, which is the sale we're talking
about. and also the sale of the three dolphins
from Dolphin Connection. So it's critical that
all three of those sales close well in advance
of December 15th. And also I would just point
out that somewhat ironically the cash price for
Apex is 6 .5, the cash price from Delightful
is 7 .1. The reason why Apex is considered the
highest and best bid in December 5th, the Estates
already incurred that. So that's why we would
have to pivot quickly to the higher bid and keep
the deposit because then the Estates going to
be even further in the hole. So I just, again,
we made this clear to both Apex and Delightful
at the auction on Monday that we would unfortunately
have to really stick to the terms of the agreements
in both instances. Here from anyone else. Number
one apex Association. Your honor, I rise only
to just thank the court and the parties for the
cooperation here for getting here today, your
honor. But most of all, I want to let the court
know that the only reason we are here today,
partly because of that cooperation, but mostly
because of the. determination your honor of the
rubles and the rubles could not be told no with
respect to their desire to preserve this park
and keep the animals in place and it's that determination
your honor that puts in front of you today your
honor and seeking approval of that. Thank you.
That's all I have your honor. Thank you. Anyone
else? Okay. Well I have in front of me Today,
two uncontested sails, the first of the marine
land property as a going concern to Apex, and
the second, the sale of the three dolphins to
Theater of the Sea. I think council did set out
the 363 standard. But let me augment that. The
plain terms of section 363 require notice and
an opportunity to object in a hearing. And therefore,
It's incumbent upon me to make an independent
review and to determine whether the proposed
transaction makes good business sense and is
in the best interests of the debtor. That degree
of scrutiny with which I take a look at that
transaction from an independent perspective is
informed when there are meaningful objections
to the transaction. And the court then takes
a look at the transaction as also informed by
the parties. And again, here, at this point,
I have no objections. So I'm looking at it from
that perspective. Also, it's clear that the debtors
and the court are entitled to take a look at
the economic, if you will, terms of the sale,
whether there's a going concern, whether there's
not. Whether, as in this instance, the collateral
is not in the ordinary. This isn't equipment,
this isn't widgets, it isn't... retail store
that you can just shut the doors on one day this
is a business which which is about animals engagement
with animals educational in this case research.
So the court has to be informed by all of those
considerations. Here I will find that not only
has the debtor exercised its business judgment
appropriately, but that I too believe that this
sale to Apex appropriate in these circumstances.
Clearly there is a need to to sell these assets
in advance of a plan. There has clearly been
adequate notice and marketing. which is generated,
as we heard in the evidence, thousands upon thousands
of views by various types of parties who are
interested in all of these debtors' assets. Did
this sale produce a fair price? I will find that
it did. The debtor has exercised its judgment
now as to what is the highest and best price.
has considered the not only the actual cash bids,
but the avoided costs that are avoided because
of the fact that the high bid now is a going
concern. Retention of employees, assumptions
of contracts, which also Lessen claims against
the estate or have the potential to lessen claims
against the estate. The auction process as it
unfolded. I find to be fair that all parties
had an opportunity to bid at the reopened auction.
That the debtors confirmed. In the reopened auction
that all parties had the opportunity to participate
by zoom. including the two backup bidders, and
no party put in a bid that has been valued at
higher than the apex bid. Good faith, there is
nothing to suggest that any of the bidders acted
other than in good faith. There's been no evidence
of any type of collusion, and there's been no
no reason that any of these bidders could be
found to have acted in other than good faith.
I will approve Apex as the highest bid, Delightful
Development LLC as the first backup bidder, and
Hudson Companies LLC as the second backup bidder.
Council for the Lenders has emphasized the importance
of the closing date in the agreements. And that
that is a material term of the deal. And that
that date is not going to slip. And consideration
of the need to close is appropriate. Rubles and
Apex are obviously cognizant of that need to
meet that December closing date. And hopefully
they will be able to meet that closing date.
If not, there are backup bidders. And the parties
have the rights they have under their agreement.
Let me turn to the sale of the dolphins to Theater
of the Sea. I can make the same findings with
respect to the sale of the three dolphins. Sandy,
Soleil, and Capri. My understanding for my presentations
is that Theater of the Sea has all the permits
that they need, that it needs, to be able to
transfer the three dolphins in an expeditious
manner. That theater of the sea has a handler
on site who is already familiar with the animals.
And I trust that the animals will be transported
in a way that causes the least harm and trauma
to them. So I will approve that sale as well.
Again, there is no suggestion that there is anything
other than good faith in this transaction. This
Theater of the Sea is the only bidder for these
three dolphins. and certainly appears to be an
appropriate bidder and an appropriate home for
these three dolphins, as the debtors have determined
in their business judgment as well. Before we
go over the order, let me also note we did get
a lot of interest from parties, whether they
are particular, whether they are standing or
not. There was clear voice coming from members
of the Dolphin community and members of the Flagstaff
community. Let me particularly note the letters
I got from the Flagler Palm Coast High School
students there and their teacher. And I appreciate
the engagement. and encourage young people to
continue to engage when they see something that
is important to them. I think in this instance,
the moobles through APEX have been given the
opportunity to continue this as a going concern,
and I hope they are able to take advantage of
that opportunity. So with all that, I will approve
the sale. And let me take a look at the order.
And let me note, if I didn't, that obviously
my approval is based on the declarations that
were admitted into evidence, as well as the other
exhibits. consistent with the changes that we
made previously, which I appreciate. So I have
that order for marine land. Okay, I did notice
I don't have any comments on that order I did
notice transfer agreements that there were results
of medical exams and lab tests etc has I assume
all of that has has passed and that there are
no concerns and that as has been represented
theater of the sea is ready to and willing to
take the animals I'm not aware of any concerns
okay thank you so I did not have any comments
on that order either I will have those orders
uploaded Thank you anything further for today
we're adjourned.