Michael J. Frevola (MJF 8359)

Christopher G. Kelly (CGK 3865)

HOLLAND & KNIGHT LLP

195 Broadway

New York, NY 10007-3189

(212)513-3200

ATTORNEYS FOR PLAINTIFF

ROYAL CARIBBEAN CRUISES LTD.

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

ROYAL CARIBBEAN CRUISES LTD.,

Plaintiff,

-againstNATIONAL BIOFUELS, L.P. and

ENAGRA INC.

Defendants.

STATE OF NEW YORK )

) ss:

)

07 Civ. 3353 (JSR)

AFFIDAVIT IN

SUPPORT OF AMENDED ORDER

AND WRIT OF ATTACHMENT

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 Royal

Caribbean Cruises Ltd. ("Plaintiff), 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 Amended Complaint and the Amended Writ

of Attachment.

Case 1:07-cv-03353-JSR Document 7 Filed 05/16/2007 Page 1 of 3
3. Defendants National Biofuels, L.P. and Enagra Inc. are not 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. To the best of my information and belief, Defendants National Biofuels, L.P. and

Enagra Inc. cannot be found within this district or within the State of New York.

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

advised that neither National Biofuels, L.P. nor Enagra Inc. is a New York business entity, nor

are they foreign business entities authorized to do business in New York.

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

submit that the Defendants National Biofuels, L.P. and Enagra Inc. are liable to Plaintiff for the

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

determined, amount to a total of $7,119,798.44, including estimated interest, expenses and

attorneys' fees.

7. Upon information and belief, Defendants National Biofuels, L.P. and Enagra Inc.

have property, goods, chattels or effects within this jurisdiction, to wit: funds or accounts held in

the name of National Biofuels, L.P. or Enagra Inc. at one or more of the following financial

institutions:

Bank of America, N.A.

The Bank of New York

Citibank, N.A.

Deutsche Bank Trust Company Americas

HSBC Bank USA, N.A.

Case 1:07-cv-03353-JSR Document 7 Filed 05/16/2007 Page 2 of 3
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 an amended writ of maritime attachment for an amount up to $7,119,798.44.

WHEREFORE, Plaintiff respectfully requests that the application for a writ of maritime

attachment and garnishment be granted.

Michael J. Frevola

Sworn to before me this

14th day of May, 2007

Notary Public

H-JgBSSsa*1'

Case 1:07-cv-03353-JSR Document 7 Filed 05/16/2007 Page 3 of 3