UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK
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In re: :
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AVIANCA HOLDINGS S.A., et al.,1 :
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Debtors. :
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Chapter 11
Case No. 20-11133 (MG) (Jointly Administered)
SECOND SUPPLEMENTAL DECLARATION OF TIM HOYLAND IN SUPPORT OF THE APPLICATION OF DEBTORS FOR ENTRY OF ORDER AUTHORIZING EMPLOYMENT AND RETENTION OF OLIVER WYMAN, INC.
AND OLIVER WYMAN SERVICES LIMITED AS STRATEGIC ADVISOR I, Tim Hoyland, make this declaration pursuant to 28 U.S.C. § 1746 and state as follows:
1. I am a Senior Partner and Co-Head of the Global Aerospace Practice at Oliver Wyman, Inc., a strategic advisory services firm with numerous offices throughout the United States and abroad. I submit this supplemental declaration in the cases of the above-captioned debtors (collectively, the “Debtors”) to supplement the disclosures set forth in my original declaration dated July 1, 2020 (the “Initial Declaration”), which was filed in support of the
1 The Debtors in these chapter 11 cases (the “Chapter 11 Cases”), and each Debtor’s federal tax identification number (to the extent applicable), are as follows: Avianca Holdings S.A. (N/A); Aero Transporte de Carga Unión, S.A. de C.V. (N/A); Aeroinversiones de Honduras, S.A. (N/A); Aerovías del Continente Americano S.A. Avianca (N/A); Airlease Holdings One Ltd. (N/A); America Central (Canada) Corp. (00-1071563); America Central Corp.
(65-0444665); AV International Holdco S.A. (N/A); AV International Holdings S.A. (N/A); AV International Investments S.A. (N/A); AV International Ventures S.A. (N/A); AV Investments One Colombia S.A.S. (N/A);
AV Investments Two Colombia S.A.S. (N/A); AV Taca International Holdco S.A. (N/A); Avianca Costa Rica S.A. (N/A); Avianca Leasing, LLC (47-2628716); Avianca, Inc. (13-1868573); Avianca-Ecuador S.A. (N/A);
Aviaservicios, S.A. (N/A); Aviateca, S.A. (N/A); Avifreight Holding Mexico, S.A.P.I. de C.V. (N/A); C.R. Int’l Enterprises, Inc. (59-2240957); Grupo Taca Holdings Limited (N/A); International Trade Marks Agency Inc.
(N/A); Inversiones del Caribe, S.A. (N/A); Isleña de Inversiones, S.A. de C.V. (N/A); Latin Airways Corp. (N/A);
Latin Logistics, LLC (41-2187926); Nicaragüense de Aviación, Sociedad Anónima (Nica, S.A.) (N/A); Regional Express Américas S.A.S. (N/A); Ronair N.V. (N/A); Servicio Terrestre, Aéreo y Rampa S.A. (N/A); Servicios Aeroportuarios Integrados SAI S.A.S. (92-4006439); Taca de Honduras, S.A. de C.V. (N/A); Taca de México, S.A. (N/A); Taca International Airlines S.A. (N/A); Taca S.A. (N/A); Tampa Cargo S.A.S. (N/A); Technical and Training Services, S.A. de C.V. (N/A); AV Loyalty Bermuda Ltd. (N/A); Aviacorp Enterprises S.A. (N/A). The Debtors’ principal offices are located at Avenida Calle 26 # 59 – 15 Bogotá, Colombia.
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44810.00006
Debtors’ Application for Entry of Order Authorizing Employment and Retention of Oliver Wyman, Inc. and Oliver Wyman Services Limited as Strategic Advisor [ECF No. 370] (the “Retention Application”) and my second declaration dated November 26, 2020, which was filed as Supplemental Declaration of Tim Hoyland in Support of the Application of Debtors for Entry of Order Authorizing Employment and Retention of Oliver Wyman, Inc. and Oliver Wyman Services Limited as Strategic Advisor (the “First Supplemental Declaration”2 and together with the Initial Declaration, the “Prior Declarations”) and attached as Exhibit A to the Notice of Presentment of Order on Debtors’ Application for Entry of Order Authorizing Employment and Retention of Oliver Wyman, Inc. and Oliver Wyman Services Limited as Strategic Advisor [ECF No. 1204].
2. Since filing the Prior Declarations, OW has performed an additional conflicts check, in accordance with the procedures more fully described in the Prior Declarations, to identify any connections or relationship with the individuals and entities on the additional parties in interest list that was provided to OW by the Debtors and is attached hereto as Schedule 1. A summary of those current relationships that OW was able to identify with OW, MMC or its Affiliates, using its reasonable efforts, is reflected on Schedule 2 attached hereto. OW confirms that the relationships set forth on Schedule 2 are unrelated to the Debtors or these chapter 11 cases.
3. Additionally, OW provides the following additional disclosures in connection with its ongoing disclosure obligations:
a. OW has been engaged by Caoba Capital with respect to an MRO market study.
Rodrigo Salcedo and Jose Gurdian – both of whom are listed as
“Current/Former Directors and Officers” of the Debtors – have acted as Caoba
2 Capitalized terms not defined herein shall have the meanings ascribed to them in the First Supplemental Declaration.
Capital representatives. This engagement is unrelated to the Debtors or these chapter 11 cases.
4. Based on the results of its review, OW represents that, to the best of its knowledge, OW knows of no fact or situation that would represent a conflict of interest for OW with regard to the Debtors.
5. OW does not believe that the supplemental disclosures set forth herein impact its disinterestedness. I continue to reserve the right to supplement OW’s disclosures in the event that OW learns of any additional information that would require disclosure. If any new material relevant facts or relationships are discovered or arise, OW will promptly file a supplemental declaration pursuant to Bankruptcy Rule 2014(a).
I declare under penalty of perjury pursuant to 28 U.S.C. § 1746 that the foregoing is true and correct.
Executed on April 30, 2021
OLIVER WYMAN By: /s/ Tim Hoyland Name:
Title:
Tim Hoyland Senior Partner
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44810.00006
Schedule 1
Additional Potential Parties in Interest
New Parties (based on Notices of Appearance) Amerijet International, Inc.
CAE Inc.
Professionals (based on Notices of Appearance) Cozen O’Conner
Lock Lord LLP
Schedule 2
Connections to Additional Potential Parties In Interest New Parties (based on Notices of Appearance)
Amerijet International, Inc.
CAE Inc.
Professionals (based on Notices of Appearance) Cozen O’Conner
Lock Lord LLP
