Lehman Brothers Financial SA (LEHNQ)

[cottonisking]

"bargained-for entitlement" versus Prospectus entitlements

"Bargain | Definition of Bargain by Merriam-Webster
https://www.merriam-webster.com/dictionary/bargain - Cached - Similar
1 : an agreement between parties that settles what each gives or receives (as a promise or performance) in a transaction between them — compare contract. 2 a : something acquired by or as if by bargaining. b : something whose value considerably exceeds its cost. a bargain purchase."

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"Contract | Definition of Contract by Merriam-Webster
https://www.merriam-webster.com/dictionary/contract - Cached - Similar
Define contract: a binding agreement between two or more persons or parties;
especially : one legally enforceable — contract in a sentence."

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"Prospectus - Investopedia
https://www.investopedia.com/terms/p/prospectus.asp - Cached
A prospectus is a formal legal document that is required by and filed with the Securities and Exchange Commission that provides details about an investment offering for sale to the public.

?Final Prospectus - ?Preliminary Prospectus - ?SEC Form 424A"

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LBHI'S TRuPS must be paid first! I/we contracted for all the elements in my/our prospectus up to and including LBHI's most senior preferred stock.


*** ECAPS Motion 11/21/2017 docket 57036

"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[.]”"