Lehman Brothers Financial SA (LEHNQ)

[cottonisking]

Updated: LBHI's TRuPS Underwriters Guarantee:

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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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2.10. Guarantee Trustee May File Proofs of Claim. Upon the occurrence of a Guarantee Event of Default, the Guarantee Trustee is hereby authorized to (a) recover judgment, in its own name and as trustee of an express trust, against the Guarantor for the whole amount of any Guarantee Payments remaining unpaid and (b) file such proofs of claim and other papers or documents as may be necessary or advisable in order to have its claims and those of the Holders of the Securities allowed in any judicial proceedings relative to the Guarantor, its creditors or its property.
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http://www.sec.gov/Archives/edgar/data/806085/000104746903008869/a2105775zex-4_05.htm

*** Old Post ***

LBHI's TRuPS as affiliate to their JPMCB Guarantee Trustee is still on the table for settlement = "and any other filed claims that JPMorgan did not
assert were covered by LBHI’s August and September 2008 guaranties and security agreements."

*** Docket 54683 ***

"
-Claims Allowance and CDA. JPMorgan’s Claim No. 66462 against LBHI will be
reduced, allowed in an amount consistent with the Settlement Payment and the
settlement of the LBSF Action, and the 492nd Omnibus Objection, as set forth in an
instruction letter (the “Instruction Letter”) to be submitted to the claims agent retained
in the Chapter 11 Cases: Epiq Systems Inc. (the “Claims Agent”), and deemed fully
satisfied because it had been previously fully satisfied pursuant to the Collateral
Disposition Agreement dated March 16, 2010 [ECF No. 7619] (as amended and
supplemented from time to time, the “CDA”). Claim Nos. 66474, 66452, 66455,
66465, 66466, 66468, 66469, and 66473 will be assigned to certain of the Lehman
Parties on a final basis and reconciled in amounts not to exceed $200 million, as set
forth in the Instruction Letter. All true-up and other remaining obligations of the
parties under the CDA will be terminated and discharged.
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- Unaffected Matters. Unaffected by the Settlement are remaining claims not the
subject of the objections enumerated above, including 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 and claims held from time to time by a JPMorgan entity’s
distressed claims trading desk, and any other filed claims that JPMorgan did not
assert were covered by LBHI’s August and September 2008 guaranties and security agreements."



*** Text from an Ihub board member old post that appears in claims 66462 and 66455 ***

$$$ STILL UP FOR SETTLEMENT TALKS
WHY? = "and any other filed claims that JPMorgan did not assert were covered by LBHI’s August and September 2008 guaranties and security agreements." $$$

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Edit: This is what is in the claim 66455 dealing with the Securities Law Claims:

- JPMSI and its affiliates have contingent contractual and non-contractual indemity, contribution, equitable and other claims against LBHI for any losses, claims, damages or other liabilities (or actions in respect thereof). joint or several, to which JPMSI and its Affiliates may become subject under securities law or otherwise, including, without limitation, settlement costs, investigation costs and the fees and expenses from counsel arising from, based on or relating to the underwriting, placement and/or sale by JPMSI or its Affiliates of securities issued or guaranteed by LBHI. In circumstances where JPMSI or an Affiliate was the lead managing underwrite, placement agent or the equivalent with respect to an offering of such securities, JPMSI and Affiliates also assert claims of the kind described in the preceding sentence against LBHI on behalf of all underwriters or placement agents in the underwriting or placement syndicate (and their affiliates) with respect to such offer. In addition, JPMSI and its Affiliates, each as an entity that may be liable with LBHI to a creditor that has not filed a proof of claim, hereby files pursuant to Bankruptcy Rule 3005(a) a proof of claim on behalf of each such creditor covering claims with respect to which JPMSI and the Affiliate of JPMSI, as applicable, is a codebtor with LBHI. The name of each such creditor is not currently known.
- This filing is intended to include, without limitation, all Claims of the types described in the preceding paragraph, including, but not limited to, all such Claims related to the offerings described in Exhibit C.

- Exhibit C includes the 4 CTs as well as
- $1B 6.625% Notes due 2012 issued by LBHI
- $250M Medium Term Notes Series G maturity date 11/15/17
- $300M Series K CT
- 120K shares of Pref F stock
- $300M Series L CT
- $750M Medium Term Notes Series G maturity date 3/13/14
- $500M Medium Term Notes Series G maturity date 3/13/09
- $400M Series M CT
- $200M Series N CT
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