Comerciantes: PERFORADOR : DE RL DE GY ie INTEGRADORA DEREREIGHOS, 7. PETROLEROS ORO NEGROS F 09 is ‘S.A.P.I. DE CY. Htc O12 Juicio Concurso MersathP LE Lefng Exp. 34572017, Incidente B€Declaracion de Ineficacia de Panos Se contesaieidene. GANEZ SEGUNDO DE DISTRITO EN MATERIA CIVIL DE LA CIUDAD DE Ga 016717 FERNANDO PEREZ CORREA CAMARENA. en micariter de SINDICO designadoen presente concurso mervantil de las comerciantes PERFORADORA ORO NEGRO, S. DE RL. DE CV. (-Perforadora”) ¢ INTEGRADORA DE SERVICIOS PETROLEROS ORO NEGRO. SAP. DE CV. (Integeadora") (en conjunto tas “Comereiantes” 0 las “Quebradas"). cardeter que tengo debidamente aereditado en autos: ante Usted con el dobido respeto expongo: 2» Pormedio del presente escrito, vengo a desahogar a vista ordenada por su Scforia mediante £ proveido! de 5 de septiembre de 2019, con e! INCIDENTE DE DECLARACTON DE. TNEEICACIA DE PAGOS promovido por el Lic, Manuel Ruiz de Chavez Gutiérrez de {Wesco gn representacion de Oro Negro Primus Me Lid, Oro Negro Laurus Pe. Lid. Oro ca © Nahr 1s. Pte. Lid.. Oro Negro Deus. Pe. Lid, Oro Negro Impetus. Pte. Lid. v Oro “Negro Drilling, Pe. Lid (las “Empresas de Singapur"), lo cual realizo en los siguientes REFERENCIA AL CAPITULO DE ACLARACION PRELIMINAR 1. El hecho correltivo ni se afirma ni se niega al no ser un hecho propio, 2. El hecho correlativo por la forma en que se encuentra redactads es falso y se niega, pues se compone de vi distias, En viru de lo anterior, me ios hechos a la vez, incluso provenientes de tres fuentes mito al contenido literal del escrito de 17 de mayo de 2019, por medio del eual el suserito, en mi entonces eareter de Concilindor.desahogue la vista ordenada por su Sefioria mediante roveido de tucha trece de mayo'de 2019, 3. Et hgcho correlativo ni se afirma oi Se niega al no ser un hecho propio, sin ‘hargo, me remito al contenido literal del acuerdo de 24 dle mayo de 2019, para todos los fctos legates a que haya lugar SOLCARGO2#I 866, :QUIEN EMANUEL teat tauyers| washington, te 177 Sith Sees DW, sth Flove, Washi om, Diree af Columbia reesy7en | TE (202) 3 Bowe Fa (208) 518-00 ‘wartee's Dima t DIAL NO. (202) 538-8174 WRiTea’s EMAIL ADRESS juanmorila@quionemanuelcom August 30, 2017 ATToRNEY-CLIENT PRiviLece AvrorNeY WoRK PRopuct PriviLecen & CONFIDENTIAL YWE-Man, Integradora de Servicios Petroleros Oro Negro $.A.P.L. de C.V. Javier Barros Sierra 540, OF. 103, Park Plaza Torre 1, Col. Santa Fe ‘México D-F., CP. 01210: Aun: Gonzalo Gil-White, Chief Executive Officer Q Re: Engagement Agreement Estimado Gonzalo: «Weare pleased to confirm your engagement of Quinn Emanuel Urquhart & Sullivan, LLP (COQEUAS") as counsel ta represent Integradora de Servicios Petroleros Oro Negro S.A.P.L de ’#0 Negro") in connection with ongoing and/or potential litigation against or initiated by ican government, Petvoleos Mexicanos (“Pemex”), and/or its subsidiaries and affiliates, i/or bondholders of Oro Negro and/or its subsidiaries, affiliates, employees or agents (the “Engegement"). ‘The purpose of this lele is to confi the terms and conditions upon Wich QEUES will provide legal services 10 Oro Negro in connection with the Engagement, We > believe that a mutual understanding of these terms and conditions at the o -eslablishing a good working relationship. In this engagement letter, Negro as "you" or "your" and to QEUR&S as "we," "our" or "us," uutset is fundamental to ‘We sometimes refer to Oro ©: Client Our engagement is on behalf of Oro Negro only. In representing Oro Negro, we will not be ‘presenting any officer, director, eimployee, owner, Lounder, member, shareholder ot partner of Sr any othe person afilated with Oro Negro; or any subsidiary, parent or other affine oc Oe Negro, If any of these persons of entities think that they may require counsel, we would be. happy to discuss with them whether we might be uble to represent them as well, but any such i E ‘inn eunanel wequtant sullen Shenae een soe ea tee fea aca wane Sonaranenes eaeMORTON EGR gata bananuel Urquhart Sullivan, Lop Nw, 30 August 2017 Letter of Engagement This Letter of Engagement sets out the terms to. Cover current and future commercial arrangements between B.C. Strategy UK Ltd, a limited company incorporated in England and Wales (registered number: 0815397, inafter "Black Cube"), and Quinn Emanuel Urquhart & Sullivan, LLP as counsel to Integradora de Servicios Petroleros Oro Negro S.A.P.I. de CV. (hereafter “the Client"), This letter explains the research pmeess end scope of services to be provided (0 the Client, and attached to it you will find our Terms and. Conditions, which shall be considered as a part ofthis letter, Geiferal Suategy UK Lid is 2 business intelligence and strategic consultancy firm based in London, Tel {id Paris. The company, owner of the Black Cube brand in Istael, USA, UX, European Union, Ming Seng, Australia and oter counties, specialises in finding tailored solutions to business challenges 5: Sathering high quality intelligence and providing its clients strategic consultancy and guidance. The ing end-to-end research into corporations, individuals and product markets. firm speciatises in deliv Black Cube is 2 select group of veterans of elite units in the fsraell intelligence community, combined ‘ith financial and legal experts. Our tzam comes from a well-established intelligence background in the fields of information gathering, analysisand research, as weil as various legal and financial bckgrounds and field operations, The team's unique background, together with the culting-edge methodology Aeveloped by Black Cube, was the reason we were retained fo untangle complex business environments 2nd egal eases for many multi-national clien's. Black Cube regularly supplies services for a variety of ‘ntemational corporates and law firms. ent in accordance with the work Black Cube is willing to provide business intelligence services to the tlan suggested below, end hereby warrants that all information collected during the project will be obtained in confidence and by legal means. In accordance, all operations are subject to the law in all ‘levant jurisdictions. sonal ode“All of Black Cube’s operational methodologies have been approved by K&L Gates, BCL Burton. Copeland and Gross, Kleinhandter, Hodak and Co. (top-tier law firms in the US, UK and israel respectively). 5, Furthermore, Black Cube secks advice and guidance from top tier law firms in any other jurisciction in which we operate, in order to ensure full compliance to local laws and regulations, specifically wi regard to privacy and data protection, Objectives 6, The main objective of this project is to support the Client's effort to stop and reverse its disadvantag position in the Mexican oil-drilling market, secure its contract and conditions with Pemex, and protect its ownership of Oro Negro. This main objective will include, but will not be limited to, the Following sub- object a) Provide solid intelligence and evidence that Oro Negro is strategically being discriminated by tis focus will include intelligence and Pemex in the context ofthe revised oil prices negotiations. evidence that Pemex is pressuring Oro Negro by suspending (wo of its drilling platforms, and that such pressure and ultimatum to sign the new contracts is used to blackmail Oro Negro ia yielding to Pemex's requests. b pve solid itligece and evidenee hat Pemex is fring more aversbe postion a oter % Bins companies in Mexico since based on bribes and/or other igs prconons This focus e against the Client by engaging in direct negotiations with Pemex with the objective of taking y's shareholders. ‘This focus will include a Provide solid intelligence and evidence that major of the Client's bondholders have conspired control of Oro Negro and pushing out the company intelligence regarding the involvement of major bondholfer andthe ations ant involvement oF Pemex officials. 2. Of course, any other request ofthe cent will be taken into consideration at any stage of the projeet liteeyele eal O94The Research ‘Process ‘The repor will include a detailed section on each of the objectives mentioned above. The main questions thatthe Black Cube team intends to examine are detailed below. 4, The Client will convey fo the team all information in their possession regarding the case, the ent will disclose to the team any relevant information they possess with regard to the ‘Targets? curent and past postions and businesses, town clase associates, personal entourage, and family be limited to: companies, and all other stakeholuers involved. In addition, the Ci tembers. This information will include, but aot 2) Full names and aliases b) Wentity numbers 4) Passport numbe: both local and foreign 4), Relevant professional and personal history ~ including known associates 8) Known corporate entities and assets —~ in Mexico, and beyond, including all possible links between these assets’ ownership and activities. 10. The intial list of groups of targets would be: 9) Pemex Officials: ‘The company’s CEO, Jose Antonio Gonzales Anaya, CFO, Juan Pablo Newman, % Chief Administrative Officer, Carlos Alberta Trevito Medina, CPO, Miguel Angel Servin Diayo, i) P) Bondholders: John Frederickson, Tor Olal 27% ARCM. more officials more the Procurement Department and other ex-employees. ‘Troim, Espen Westeren, Paul Leane, Fintech, and ©) Competitors: Officials and ex-employecs from Sea-Drill, CP Latins and more, 1}. Black Cube will first create a map of all known individuals, companies, assets and entities involved in the cae, 2 This map will he used to better identify the entities and channels through which the Tungess have orchestrated their conspiracy against the Client, Black Cube will deploy all necessary resources to identity individuals, companies, oF ussets which may’ have been involved in the conspirney, or that have knowledge ‘bout the Targets actions against the Client, These elTorts will include, but will not limited tor ®) Examining all media, both soci ‘including, but not limited to: hau ssa and traditional, for relevant information and potential leads, 1) Social and professional networks.Relevant forums and discussion wore 3) Any ather public statements regarding the Targets or any of heir associated businesses 093 1) Kentifying channels of funding, and channels or means i i : els or means of eommunicetion, which may & used by the Targets oo is.lack Cube will also map all significant financial transactions conducted by the associates, and any other key individuals involved in this case. Deriving from cube will identify patterns of transactions and potential personal and professional links, which com: to the Targets” efforts. 14, Black Cube will then identify key players that may have shared information with regarding the Tengets’ activities, or that may have direct comections to the gels’ activities which could lead to potensiai po: of approach for further information. This map would inelude, but not be limited to: 2) The Targets’ family members, friends, and their financial interests. b) The Targets’ professional associates and their financial interests. ¢) Former employees of any relevant businesses J) Law enforcement officers or other lavestigators who may have knowledge of the Targets” deat _) “Any other individuals and groups relevant to the ease, 1SFaghemndte, based on this map, Black Cube will identify the optimal people to approach for more " jfoanatag regarding the conspiracy. The network of connections ofeach entity of interest will then be j 5, investigafey thoroughly, points of iagiog identified by the team a : access will be identified and used to oreate elaborate approaches to each ind approved by the Client. sealer5») DO} a) cdicated team of expert intelligence officers A project manager with specific experience in managing project manager will be in charge of building the research plan, managing the team, allocating resources, scheduling, and presenting results to the Client. similar business intelligence projects. The Intelligence analysts — experts in web-based data Gathering and database access, social networks and pattern analysis, Business analysts experts in relevant financial analysis, Cyber security experts with extensive experience in the cyber security world, deep-web anelysis and forum access. Linguists — for all relevant languages, including Spanish. Operations experts with extensive experience in social engineering. In house legal advisor ~ for advice on the legality of collection methods and operations; focusing on privacy, data protection, and database access 1 {gem is supported by our board of directors and advisors ~ businessmen in key positions in fsreel ‘abrGad and former heads of the Israeli intelligence forces, all of whom contribute from their vast wosaltn 094“jenedule sn Fees final report for the project will be provided within 60.90 days from signature of contract. Regular 0 ig The fi updates will be given fo the Clients to present findings and discuss further directions. 19. The project's total cost will be valued at 100,000 GBP per month (300,000 GBP in total inclusive of all costs (Le. travel expenses, flights, computers and special accessories, and out of pocket expenses). 2p, The first payment of 150,000 GBP, will be due upon signature of this contract. The second payment of 150,000 Euro will be due following 30-45 days from the signature of contract 21.10 the event intelligence produced by Black Cube is used by the Client in order to file civil or criminal {egal proceedings, in any jurisdiction; and / or if Black Cube provides one or more witness statements on behalf of the Client, in the context of any further legal proceedings taken by the Client in reletions to this case; and / or if intelligence provided by Black Cube is deliberately exposed by the Client in the medi and / or another public platform - then Black Cube would be paid an additional fee of 180,000 GBP. This fees inclusive of all costs associated with the preparations for witness statement such as: drafting of legal documents trom the gathered intelligence, further preparation and processing of transcripts and audio aerisis, obtaining certification of authenticity for all relevant legal materials from a recognized third y further internal and or externa! legal consultation, etc, | {intelligence produced by Black Cube is materially used and as a result the Client successfully reaches/an:Sgreement with Pemex for higher daily rates that the rates currently offered by Pemex, then {tawould be paid a success fee of 1,000,000 GBP. Buse a the odd intelligence produced by Black Cube is materially used by the Client, and as a result the iétders eocept the current restructuring proposal submitted by the Client, then Black Cube would be “Kori paid a success fee of 1,000,000 GBP. 24.In the event in which the Client makes use of intelligence provided by BC, and the Client decides to x0 f the entities mentioned here-above, then Black into litigation and will recover any amount from any of 1m any Funds rewarded to the Client. Cube would be paid a success fee of 3% fra ill be added, only if necessary, according to English law. rrunity, Lftrmly believe that Black Cube's high-level a 3S.VAT. Weare looking forward to working with you on this appr b Mlligence capabilities will enable us to deliver to you the desired re i With kind regards, br Avi Yanus, Director esults of this case Lo Bi, "ogee tthe tems of this leter and the BC Strategy UK Ltd. Terms and Conditions ~ srsal ne 095