Sunday, May 21, 2017 4:04:58 PM
"- Subordinated debt and other Affiliate relationship issues – Supreme Court Judgment – 17 May 2017"
https://www.pwc.co.uk/services/business-recovery/administrations/lehman/update-waterfall-application-subordinated-debt-and-other-affilliate-relationships-170517.html
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GUARANTEE AGREEMENT
Lehman Brothers Holdings Capital Trust III
Dated as of March 17, 2003
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GUARANTEE AGREEMENT
This GUARANTEE AGREEMENT (the "Guarantee"), dated as of March 17, 2003, is executed and delivered by Lehman Brothers Holdings Inc., a Delaware corporation (the "Guarantor"), and JPMorgan Chase Bank, as trustee (the "Guarantee Trustee"), for the benefit of the Holders (as defined herein) from time to time of the Securities (as defined herein) of Lehman Brothers Holdings Capital Trust III, a Delaware statutory trust (the "Trust").
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"Affiliate" has the same meaning as given to that term in Rule 405 of the Securities Act of 1933, as amended, or any successor rule thereunder.
http://www.sec.gov/Archives/edgar/data/806085/000104746903008869/a2105775zex-4_05.htm
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*** LBHI AND JPMCB SETTLEMENT AGREEMENT DATED 2/1/2017 - Docket 54683
“Settled Matters” means any and all Actions between the parties, including
without limitation, any and all Actions relating to the matters, facts and circumstances
described in, or arising from, or related in any way to any of the matters, facts and
circumstances underlying or related to the Actions and CDA Obligations described in
paragraphs C through H of the Background section of this Settlement Agreement, other
than the Unaffected Matters. For the avoidance of doubt, the Settled Matters include,
without limitation, the Tassimo Action, the LBSF Action, the 492nd Omnibus Objection,
the Securities Lending Objection, and the CDA Obligations, but exclude the Unaffected
Matters.
“Unaffected Matters” means claims filed by or on behalf of any JPMorgan Entity
or any affiliates or funds of a JPMorgan Entity, or in which any JPMorgan Entity or any
affiliates or funds of a JPMorgan Entity has an interest, that are not Settled Matters,
including without limitation claims filed by or on behalf of a JPMorgan Entity as agent,
for a customer or for a fund that it manages, claims relating to Canary Wharf, claims held
from time to time by a JPMorgan Entity’s distressed claims trading desk, and any other
claims that JPMorgan did not assert were covered by LBHI’s August and September
2008 guaranties and security agreements in favor of JPMCB’s subsidiaries and affiliates.
For the avoidance of doubt, claims relating to the LBSF Action are not Unaffected
Matters. Lehman reserves all objections and defenses to the Unaffected Matters."
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