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2008-01-11 TMAUNAKEA
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2008-01-11 TMAUNAKEA
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rd <br />ING: Yes. Douglas Ing. My address is 999 Bishop Street, 23 Floor, Honolulu, <br />Hawaii 96813. <br />WATANABE: Thank you. <br />ING: Just a correction on the name of the applicant for the record. On <br />December 31, 2007 three things happened with respect to the Mauna Kea Beach Hotel Corp. <br />The first was that Mauna Kea Beach Hotel Corp, which is the applicant here, was merged with <br />the Hapuna Beach Prince Hotel Corp. Secondly, the surviving entity of that merger is the <br />Mauna Kea Beach Hotel Corp. which is the applicant. And the third thing that happened was <br />that Mauna Kea Beach Hotel Corp. simultaneously was converted to an LLC. So it is now <br />known as Mauna Kea Resort LLC; and I do have the documents that have been filed with the <br />Department of Commerce and Consumer Affairs noting these changes. And I would like to give <br />a copy to the planning staff. <br />WATANABE: Thank you. So to make it clearer it’s Mauna Kea Resort LLC now? <br />ING: Yes. <br />WATANABE: Okay, thank you. <br />ING: And they are the owner of the property. <br />WATANABE: Thank you. Are there any questions? Mr. Graham. <br />GRAHAM: I just wanted to ask Mr. Torigoe. Are there any legal issues that we <br />should be aware of with regard to the name change? <br />TORIGOE: You do have a, I guess, items before you are technically contested case <br />items. Rule 4-16 says “Upon written request and for good cause shown, the Commission may <br />order the substitution of a party, except that in the case of death of a party, substitution may be <br />ordered without the filing of a written request.” I don’t know if this, would you consider this as <br />a substitution of a party or just a name change? <br />ING: It’s not a, well -. It’s a change in the status of the entity from a corporate <br />form into an LLC form. So it was converted. It’s the same company. It just has a different <br />corporate form. <br />TORIGOE: Okay. In any case, it seems that it’s, you know, if it just changed its form, <br />it’s the same entity basically; but it’s just the form -. <br />ING: Yes. <br />TORIGOE: Okay. I think if you have that clear on the record and there are no other <br />issues or objections, then you can go forward. <br />WATANABE: Are there any other concerns or any other questions? Mr. Domingo. <br />EXHIBIT B <br />4 <br /> <br />
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