William J. Honan (WJH 1922)

Michael J. Frevola (MJF 8359)

HOLLAND & KNIGHT LLP

195 Broadway

New York, NY 10007-3189

(212)513-3200

ATTORNEYS FOR PLAINTIFF

WILHELMSEN PREMIER MARINE FUELS AS

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

WILHELMSEN PREMIER MARINE FUELS AS,

Plaintiff,

-againstUBS PROVEDORES PTY LTD. a/k/a USS-UBS

INTERNATIONAL,

Defendant.

07 Civ.

AFFIDAVIT IN

SUPPORT OF ATTACHMENT

STATE OF NEW YORK )

) ss:

COUNTY OF NEW YORK )

Michael J. Frevola, being duly sworn, deposes and says:

1. I am a member of the firm of Holland & Knight LLP, attorneys for plaintiff

Wilhelmsen Premier Marine Fuels AS ("Wilhelmsen"), and I am duly admitted to practice before

the United States District Court for the Southern District of New York.

2. I am familiar with the facts and circumstances underlying this dispute and I am

submitting this affidavit in support of the Verified Complaint and the Writ of Attachment.

Case 1:07-cv-05798-CM-HBP Document 3 Filed 06/29/2007 Page 1 of 4
3. Neither UBS Provedores Pty Ltd. nor USS-UBS International is listed in the

telephone directory of the principal metropolitan areas in this district, nor are they listed in the

Transportation Tickler, a recognized commercial directory in the maritime industry.

4. Our office contacted the Secretary of State for the State of New York and was

advised that neither UBS Provedores Pty Ltd. nor USS-UBS International was a New York

business entity, nor were they foreign business entities authorized to do business in New York.

5. To the best of my information and belief, Defendant UBS Provedores Pty Ltd.

a/k/a USS-UBS International cannot be found within this district or within the State of New

York.

6. Based upon the facts set forth in the Verified Complaint, I respectfully submit that

the Defendant UBS Provedores Pty Ltd. a/k/a USS-UBS International is liable to Plaintiff for the

damages alleged in the Verified Complaint, which amount, as best as can be presently

determined, to a total of US$4,504,447.10, including estimated interest, expenses and attorneys'

fees.

7. Upon information and belief, Defendant UBS Provedores Pty Ltd. a/k/a USSUBS International has property, goods, chattels or effects within this jurisdiction, to wit: funds

or accounts held in the name(s) of UBS Provedores Pty Ltd. and/or USS-UBS International at

one or more of the following financial institutions:

Bank of America, N.A.

The Bank of New York

Citibank, N.A.

Case 1:07-cv-05798-CM-HBP Document 3 Filed 06/29/2007 Page 2 of 4
Deutsche Bank Trust Company Americas

HSBC Bank USA, N.A.

JPMorgan Chase Bank, N.A.

UBSAG

Wachovia Bank, N.A.

Societe Generate

Standard Chartered Bank

BNP Paribas

Calyon Investment Bank

American Express Bank

Commerzbank

ABN Amro Bank

Bank Leumi USA

Fortis Financial Groups

Banco Popular

Bank of Tokyo-Mitsubishi UFJ Ltd.

8. Plaintiff is, therefore, requesting that this Court, pursuant to Rule B(l) of the

Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil

Procedure, issue a writ of maritime attachment for an amount up to US$4,504,447.10.

Case 1:07-cv-05798-CM-HBP Document 3 Filed 06/29/2007 Page 3 of 4
WHEREFORE, Plaintiff respectfully requests that the application for a writ of maritime

attachment and garnishment be granted.

Sworn to before me this

19th day of June, 2007

lichael J. frevola

Notary Public #4608811 vl

Elvtn Ramos

Notary Public, State of New Ybffc

NO. 01RA4870243

Qualified in Queens County

Certificate filed in New York County

Commission Expires September 2, 2010

Case 1:07-cv-05798-CM-HBP Document 3 Filed 06/29/2007 Page 4 of 4