cottonisking
1 day ago
The Alternative Outcome was removed. Deutsch Bank supported the alternative outcome. Maybe CTs' Holders? A mystery now...
Source: October 10, 2023 UK hearing:
1 The tier Y distribution applies for the next layer
2 of funds, if available , as your Lordship can see. And
3 there are at this point, and this feeds into the issue 1
4 debate which we are having, and I’m told to say that
5 no one can rely upon the terms of this in respect of the
6 argument, but I haven’t heard anyone seek to do so, so
7 I don’t think that is a point we need to worry about too
8 much.
9 There are three alternative distributions under tier
10 Y, one called an ECAPS outcome, one under an LBHI
11 outcome, and one under an alternative outcome. And if
12 you go back to page 6, at the top of page 6 the
13 definition of ECAPS outcome, which essentially means if
14 GP1 wins. And on page 7 there is an LBHI outcome, which
15 gives the plaudits to Mr Allison’s client .
16 The alternative outcome, if you go back to page 10,
17 is anything that isn’t 1 or 2. And in that event, as
18 your Lordship can see, there will need be
19 a recalibration depending on what it is, if it is
20 exists .
21 MR JUSTICE HILDYARD: That is a case I sort of go off piste,
22 as it were.
23 MR BELTRAMI: I haven’t put that in my notes, my Lord. Yes,
24 it is a for the avoidance of doubt clause. And if that
25 were to occur, then the parties would have to reconsider
Amendment and
restatement of
Agreed
Distributions:
The Framework Agreement shall be amended and restated such that the
concepts of ECAPS Outcome, LBHI Outcome and Alternative Outcome shall be
removed and Available Funds shall instead be distributed according to the
following scheme (subject in each case to the relevant terms of and the other
relevant distribution conditions set out in the Framework Agreement):
Tier X: As set out in the Framework Agreement (which Tier X Distributions have
already been made in accordance with the Framework Agreement)
Tier Y: To be split 73.8 % (GP1) and 26.2% (LBHI)
Tier Z: To be split 40% (GP1) and 60% (LBHI)
The Parties shall agree in the Amended and Restated Framework Agreement
that a PLI 1 Settlement has occurred.
Rights and claims
to be settled /
released / with
covenant not to
sue:
The appeal in relation to Priority Legal Issue 1 (t
toogoodfella
1 day ago
RE: RE: …who will get this "Excluded Recoveries"? …
—-//——-//—-
ECAPS money not included, the cash flow estimate is only 210 M.
In approximation, The distribution of about 1M or more maybe the final. The rest of the money will be allocated to other expenses. ie, Taxes, Operating expense, reserve for disputed claims, others.
fritz603
1 day ago
yes, it´s right. The ecaps recovery is not included in the cash flow of LBHI. But who will get this "Excluded Recoveries"?
Quarterly report: The June 30, 2024 Cash Flow Estimates
exclude all potential recoveries from LBHI’s
subordinated debt claim against LBH PLC (including
indirectly LBIE’s litigation against AGR), its
agreements with holders of approximately 16.8% of
ECAPS, as well as its partial settlement agreement
with all ECAPS’ holders, which are treated as
Excluded Recoveries herein (see Note 4 – Legal
Proceedings in for additional information)
AZCowboy
2 days ago
~ IMO, just a cowboy's TWO cents, Class 11 (J preferred) & Class 12 (commons), could become financially active, IF' ? LBHI, after zeroing out, and then LBHI is eventually & separately funded and is able to move forward as a "reorganized" going concern, and the ability to use the NOL's ... the CT's are Class 10-B and, as TRUST's, have separated payment guarantees (imbedded covenants) ... ~
CT's currently show their potential interest returns ... "subject to an extraordinary distribution" ... the only concern currently is ... IF ?, LBHI ends up as a "going concern" which affects Class 11 and Class 12 ... but along with the Class 10-A's, the Class 10-B's will be in the money ... just my opinion ? ...
IMO, the conversational combining of ... Class 10-A / Class 10-B in this type of forum, ... with Equity Class 11' and Class 12' confuses the conversation. there's a difference' between them' ...
"DISCLOSURE" ... this ol' cowboy is an ACTUAL OWNER of quite a lot of all four CT's, Class 10-B's ... No Class 11 (J's) or Class 12's though ...
just sayin'
AZ
cottonisking
2 days ago
All guarantees and agreements contained in this Trust Securities Guarantee shall bind the successors, assigns, receivers, trustees and representatives of the ...
The End
11. SUCCESSORS
11.1 GP1 shall not at any time assign, transfer or dispose of its interest in the PLC Sub-Notes
without the prior written consent of the Parties.
11.2 LBHI shall not assign, transfer or dispose of its interest in the PLC Sub-Debt:
(a) on or before 15 December 2024, in any circumstances; and
👉️(b) on and from 16 December 2024, unless:
(i) the assignee or transferee of LBHI’s interest agrees to be bound by the
terms of this Agreement; and
(ii) each of GP1 and DB (in the case of DB, only if it then holds 10% or more
of the ECAPS in issue) have consented to such assignment or transfer,
such consent not to be unreasonably withheld or delayed. 👈️LBHI, GP1 and
DB each agree that it shall not be reasonable to withhold or delay consent
if the proposed transfer, assignment or disposal by LBHI of the PLC Sub-
Debt is for value, save for if there is a genuine demonstrable risk that the
assignment or transfer could undermine this Agreement or that the
proposed assignee or transferee intends to breach, undermine or take
action inconsistent with this Agreement.
11.3 DB shall not assign, transfer or dispose of its interest in the ECAPS, including the ECAPS
Deeds of Guarantee, unless the relevant assignee or transferee has agreed to be bound
by the terms of this Agreement as if it were DB.
11.4 If at any time after the Effective Date DB acquires
cottonisking
2 days ago
Is this why you purchased lower priority J stock shares, in 2011, versus higher priority securities' linked to subordinate bonds, such as our CTs? Thanks, for your posts. Look up and not down to see the waterfall.
toogoodfella
Re: None
Sunday, 09/22/2024 8:46:47 PM
RE: 6.00% SUBORDINATED DEFERRABLE INTEREST DEBENTURE DUE 2053
——//——-//———
YOU CAN READ BUT IT DOESNT MEAN YOU HAVE THE COMPREHENSION.
IT IS SO CLEAR SAYING “SUBORDINATED”.. AND THERE IS STILL 130 BILLION DEBT AHEAD OF IT.
IT IS ALSO CLEAR IT IS DUE ON 2053 SO A GOING CONCERN LBHI IS NOT OBLIGATED TO REDEEM UNTIL 2053.
Common sense or just a coconut shell??
cottonisking
3 days ago
Amendment and
restatement of
Agreed
Distributions:
The Framework Agreement shall be amended and restated such that the
concepts of ECAPS Outcome, LBHI Outcome and Alternative Outcome shall be
removed and Available Funds shall instead be distributed according to the
following scheme (subject in each case to the relevant terms of and the other
relevant distribution conditions set out in the Framework Agreement):
Tier X: As set out in the Framework Agreement (which Tier X Distributions have
already been made in accordance with the Framework Agreement)
Tier Y: To be split 73.8 % (GP1) and 26.2% (LBHI)
Tier Z: To be split 40% (GP1) and 60% (LBHI)
The Parties shall agree in the Amended and Restated Framework Agreement
that a PLI 1 Settlement has occurred.
dhyan40
Re: None
Friday, 09/20/2024 6:58:05 AM
Lehman Brothers UK Capital Funding IV LP: Notice to the Holders of the Preferred Securities
https://finance.yahoo.com/news/lehman-brothers-uk-capital-funding-121200926.html
LONDON, Sept. 19, 2024 (GLOBE NEWSWIRE) --
NOTICE TO THE HOLDERS OF:
EUR 200,000,000 EURO FIXED RATE ENHANCED CAPITAL ADVANTAGED PREFERRED SECURITIES ("LP IV ECAPS")
ISSUER: LEHMAN BROTHERS UK CAPITAL FUNDING IV LP ("LP IV")
ISIN: XS0282978666
LIQUIDATION OF LB GP NO.1 LTD ("the Company") AND IMPLICATIONS FOR HOLDERS OF LP IV ECAPS
Your attention is drawn to the formal notice contained in the PDF link below concerning the Company, LP IV and the LP IV ECAPS. In order to view the formal notice, it is recommended that you copy and paste the link into your browser.
http://www.rns-pdf.londonstockexchange.com/rns/8664E_1-2024-9-19.pdf
cottonisking
4 days ago
https://www.wmd-law.com/wmd-practice-areas/news/firm-obtains-appellate-victory-on-behalf-of-holders-of-over-200-million-in-trups-debentures
WOLLMUTH MAHER & DEUTSCH LLP
500 Fifth Avenue
Brant D. Kuehn
New York, New York 10110
Counsel for Lehman Brothers Holdings Inc.
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
In re
LEHMAN BROTHERS HOLDINGS INC., et al.,
Debtors.
CHAPTER 11
Case No. 08-13555 (MG)
NOTICE OF WITHDRAWAL
TO THE CLERK OF THE COURT AND ALL PARTIES IN INTEREST:
PLEASE TAKE NOTICE that Wollmuth Maher & Deutsch LLP (“WMD”) pursuant
to Local Rule 2090-1(e) hereby withdraws counsel Brant Kuehn, as counsel of record for
Lehman Brothers Holdings Inc., and requests that Brant Kuehn be removed from all notices,
including the Court’s CM/ECF electronic notification list, notices, pleadings, and any
applicable service lists given or filed in the above captioned matter.
PLEASE TAKE FURTHER NOTICE that this withdrawal is limited to Brant Kuehn,
Esq., and does not impact the representation of Lehman Brothers Holdings Inc. by WMD 👈️
attorneys in the above-captioned matter.
08-13555-mg Doc 61676 Filed 07/30/24 Entered 07/30/24 17:09:17 Main Document
Pg 1 of 3
cottonisking
4 days ago
Represents holders of more than $200 million in Trust Preferred Securities (“TruPS”) against certain Defendants who allegedly facilitated and/or participated in wrongdoing that greatly diminished the value of Plaintiffs’ TruPS. In October 2022, the New York Appellate Division, First Department, largely affirmed two decisions in the Trial Court that had largely denied Defendants’ motion to dismiss the amended complaint. Alesco Preferred Funding VIII, Ltd., et al. v. ACP Re, Ltd., et al., 209 A.D.3d 558 (1st Dep’t 2022). The case is now in the discovery phase.
· Represents a class of entities adversely affected by an alleged conspiracy by certain financial entities to inflate the interest rates for Variable Rate Demand Obligations (“VRDOs”), bonds issued by public entities to raise funds for infrastructure and public services. The City of Philadelphia, et al. v. Bank of America Corp., et al., Case No. 19-cv-1608 (JMF) (S.D.N.Y.)
· Represented Lehman Brothers Holdings Inc. and certain of its affiliated entities (collectively, “Lehman”) in litigations asserting indemnification claims against hundreds of mortgage loan sellers relating to Lehman’s multi-billion-dollar settlements of claims litigation with Fannie me, Freddie Mac and trustees for hundreds of RMBS trusts. In re Lehman Brothers Holdings Inc., et al., Case No. 08-13555 (Bankr. S.D.N.Y.), Adversary Proceeding No. 16-01019 (SCC). Collaborating with the client, Brant led a settlement mediation campaign that, with other settlements, resulted in the resolution of approximately 200 adversary proceedings filed by Lehman.
https://lawyers.findlaw.com/profile/view/4200950_1