Lets simplify or brake this definition (lawyer code) down: “Non-CDA Claims.” Someone wants to tell us something in this enigma!
*** JPMorgan is our Guarantee Trustee. This is a new name for us: Non-CDA Claims. We are a customer (CT holders/TRUPS) of JPMorgan. ***
a)“Non-CDA Claims” means any claims filed by JPMorgan for a customer, as
agent, as trustee, in any other representative capacity, or otherwise.
*** JPMorgan did not support (assert) its customers being secured claims in the CDA. Remember, JPMorgan gave $700 million back to LBHI in the CDA for creditor distributions.***
b)“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.
*** Now we add the two contracts that made certain (cherry picked) JPMorgan claims secured. ***
c)“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.
*** JPMorgan would be helping its customers and itself (in favor of JPMorgan) had it asserted our Non-CDA Claims. This definition reads like a breach in fiduciary duty. We still have a motion on the docket in case 11-cv-6760.***
d)“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.
This settlement agreement will clear the way for Lehman to drop the automatic stay bridge order, LBHI docket 45699.
***
Judge Sullivan's case 11-cv-6760 is still open! Look for an order(s) from Judge Sullivan.
*** CTs Guarantee claim number structure in settlement agreement ***
“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.
*** open litigation claims ***
“Excluded Actions” means the LBSF Action, the Tassimo Action, the Other
Objections and the Non-CDA Claims.
AI
