08-13555-scc Doc 51904 Filed 01/25/16 Entered 01/25/16 17:57:31 Main Document
"J. Lehman has represented to JPMorgan that it has objected to all of the JPMorgan Parties’
claims in the Chapter 11 Cases to which it will object and will not object to any other claims of
the JPMorgan Parties.
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“Non-CDA Claims” means any claims filed by JPMorgan for a customer, as
agent, as trustee, in any other representative capacity, or otherwise in respect of which
JPMorgan did not assert in the relevant proofs of claim that such claims were secured by
the collateral posted by LBHI pursuant to its August and September 2008 Guaranties and
Security Agreements in favor of JPMorgan.
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“Excluded Actions” means the LBSF Action, the Tassimo Action, the Other
Objections and the Non-CDA Claims.
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(c) Each Lehman Party and the Committee and each of its members (solely in their
capacities as such) confirms and agrees that it will commence no further Actions against
any of the JPMorgan Releasees (other than any Action in the LBSF Action to the extent
permitted under existing agreements among the relevant Parties), including that it will not
object to or otherwise challenge claims (other than those objected to in the Excluded
Actions) filed by any of the JPMorgan Releasees in the Chapter 11 Cases, and releases
and waives any such further Action, objection or challenge.
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14 “Non-CDA Claims” refers to claims filed by JPMorgan for a customer, as agent, as trustee, in any
other representative capacity, or otherwise in respect of which JPMorgan did not assert in the relevant proofs of
claim that such claims were secured by the collateral posted by LBHI pursuant to the parent level guaranties at issue
in the Avoidance Action
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I. LBHI filed a motion in the Bankruptcy Court on July 25, 2014 seeking an order
determining, among other things, (a) that the automatic stay in its chapter 11 case remains in full
force and effect, (b) the applicability of state law tolling statutes and 11 U.S.C. § 108(c) to state
law fraudulent conveyance claims of individual creditors against JPMorgan (“SLCFC Actions”),
and (c) that upon resolution, including settlement, of the Avoidance Action, “such resolution
would finally dispose of any and all litigation challenging the subject obligations and transfers,
including any SLCFC [Actions] of individual creditors,” Case No. 08-13555 at Dkt. 45406.
JPMCB and LBHI resolved JPMCB’s potential objections to such motion by entering into a
Tolling Agreement and Stipulated Order Relating to Fraudulent Transfer Claims of Individual
LBHI Creditors, which was endorsed by the Bankruptcy Court on August 11, 2014, providing,
among other things, that “LBHI retains exclusive power to settle the [Avoidance Action] on
behalf of all creditors of the LBHI estate, and to the extent LBHI settles the [Avoidance Action],
such settlement shall be binding on individual creditors with respect to any SLCFC [Actions]
asserted or assertable against [JPMCB].” Case No. 08-13555 at Dkt. 45685.
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ORDERED that LBHI retains exclusive power to settle the SLCFC Claims on behalf of all
creditors of the LBHI estates; and it is further
ORDERED that the Settlement Agreement fully and fairly resolves and releases all SLCFC
Claims (as defined in the Motion) on behalf of all creditors of the LBHI estate and is binding on
individual creditors with respect to any SLCFC Claims asserted or assertable against JPMCB;
and it is further
ORDERED that the tolling provisions in the Tolling Agreement and Stipulated Order Relating to
Fraudulent Transfer Claims of Individual LBHI Creditors [ECF No. 45685] are hereby
terminated; and it is further
AI
