Sunday, December 17, 2017 10:46:29 PM
Answer:
LBHI's Plan Administrator wants Judge Chapman to explain the answer:
"Although there may be questions of English law and usage, it is possible that the English Court would be interested in input from this Court regarding the history and characterization of these Chapter 11 Cases, and that it may become appropriate for this Court to assist the English Court on this issue. The Court May Authorize the Issuance of the Substituted Preferred Stock"
**
I can buy a car or home or product at a bargain price. The Partnership Assets is cash! The only asset LBHI's creditors want is global cash.
"To prevent creditors from losing LBHI’s bargained-for entitlement to any value of the Partnership Assets, the Court should authorize the issuance of the Substituted Preferred Stock."
GOOGLE "define cash bargain price"
Results:
"Something that is a bargain is good value for money, usually because it has been sold at a lower price than normal. ... A bargain is an agreement, especially a formal business agreement, in which two people or groups agree what each of them will do, pay, or receive. I'll make a bargain with you.
Bargain definition and meaning | Collins English Dictionary"
https://www.collinsdictionary.com/dictionary/english/bargain
*** Docket 57036
"Although there may be questions of English law and usage, it is possible that the English Court would be interested in input from this Court regarding the history and characterization of these Chapter 11 Cases, and that it may become appropriate for this Court to assist the English Court on this issue. The Court May Authorize the Issuance of the Substituted Preferred Stock"
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.
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28. The Preferred Securities Substitution is akin to the allowance of LBHI Class 12 Equity Interests in the aggregate amount of the ECAPS’ notional value. The Plan Administrator already has the authority to allow Class 12 Equity Interests6 and requires Court approval primarily for the ministerial act of issuing the Substituted Preferred Stock—an act in furtherance of the implementation of the Plan but not expressly authorized by it. To prevent creditors from losing LBHI’s bargained-for entitlement to any value of the Partnership Assets, the Court should authorize the issuance of the Substituted Preferred Stock. 6 Under the Order Modifying Certain Existing Claims Orders (ECF No. 29505), “[t]he Plan Administrator is authorized to settle any and all Claims . . . asserted against the Debtors without prior approval of the Court or any other party in interest where . . . the allowed amount of the settled Claim is less than or equal to $200 million[.]” 08-13555-scc Doc 57036 Filed 11/21/17 Entered 11/21/17 18:21:29 Main Document Pg 14 of 19 12 WEIL:\96296832\22\58399.0011 Conclusion 29. For the reasons set forth above, the Plan Administrator requests that the Court enter an order in the form attached hereto as Exhibit A to permit LBHI to issue the Substituted Preferred Stock."
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