Summary

Plaintiff Bainbridge Fund Ltd. ("Plaintiff") seeks turnover of Defendant the Republic of Argentina's ("Defendant" or "the Republic" or "Argentina") (i) 100% shareholding in Class A shares of YPF S.A. ("YPF") (the "Class A Shares"); (ii) 51% shareholding in Class D shares of YPF (the "Class D Shares"); and (iii) any assets currently held by the Bank of New York Mellon ("BNYM") in New York which represent receipts from the American Depositary Receipt ("ADR") program or American Depositary Shares ("ADSs") relating to such shares,2F3 (collectively the "YPF Assets"), to remedy the Court's unsatisfied judgment in the amount of approximately $95 million, pursuant to Federal Rule of Civil Procedure 69(a)(1), New York Civil Practice Law and Rules ("NY CPLR") § 5225(c), and New York Uniform Commercial Code ("NY UCC") § 8-112(e). Plaintiff requests that the Court order the Republic to (i) transfer the Shares to a global custody account at BNYM in New York within 14 days from the date of this order; (ii) instruct BNYM to initiate a transfer of the Republic's ownership interests in its Class A Shares, Class D Shares, and any Republic assets currently held by BNYM which represent receipts from the ADR program or ADSs relating to such Class A Shares and Class D Shares to Plaintiff or its designees within one business day of the date on which the Class A Shares and Class D Shares are deposited into the account; and (iii) refrain from changing the powers of any class of shares of YPF. (Pl. Mot.) Defendant opposes the motion.

The United States of America filed a statement of interest. For the reasons set forth below, Plaintiff's motion is GRANTED in part and DENIED in part.