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Re: Billiam_2 post# 88162

Sunday, 08/23/2009 4:24:41 PM

Sunday, August 23, 2009 4:24:41 PM

Post# of 728610
Dates: My expectation is to see settlement stipulation for a WMI/FDIC/JPM.

Tomorrow morning 24th of August

But no later than the 25th of September ONIMBUS Court Date.

"(2) Plus, the one year anniversary has concrete legal significance as between JPM and FDIC because their P&A contract prohibits FDIC's ability to come back and change the terms of the contract after one year."

Here's the P&A -

http://www.fdic.gov/about/freedom/Washington_Mutual_P_and_A.pdf

Page 11 (pdf) - "Settlement Date" means the first Business Day immediately prior to the day which is one hundred eighty (180) days after Ban Closing, or such other date pnor thereto as may be agreed upon by the Receiver and the Assuming Bank. The Receiver, in its discretion, may extend the Settlement Date."

FDIC "handbook"

http://www.fdic.gov/bank/historical/reshandbook/ch7recvr.pdf

FDIC Handbook page 8 -

"The settlement date may be from 180 days to 360 days after the bank or thrift closing, depending on the failed institution’s size. Adjustments reflect (1) the exercise of options by the acquirer, (2) either any repurchase of assets by the receiver or any “put back” of assets to the receiver by the assuming institution, and (3) the valuation of assets sold to the acquirer at market prices."




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