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Re: None

Monday, 04/15/2019 1:16:01 PM

Monday, April 15, 2019 1:16:01 PM

Post# of 730577
Pari passu.

From Plan 6;
4.18 Class 18 Subordinated Claims...33
4.19 Class 19 REIT Series...33
4.20 Class 20 Preferred Equity Interests...33
4.21 Class 21 Dime Warrants....33
4.22 Class 22 Common Equity Interests...33
http://www.kccllc.net/wamu/document/0812229101025000000000008

Plan 7 made all Preferred shares of Class 19 REIT Series and Class 20 Preferred Equity Interests Pari passu (ranking equally), and became Class 19 and Class 20 is now empty (without Claims).

The March 2013 Stipulation just cleaned up the Class 20 claims from the 510(b) Stipulation and removed the UW Class 18 claims.


Excellent Housekeeping Special K, WMILT Trustee.

UW Joinder;
11. After the filing of the Eighty-Third Omnibus Objection, and prior to the Underwriters’ deadline to respond thereto, WMILT and the Underwriters engaged in good faith, arms’ length negotiations to consensually resolve the Subordinated Claims and the Eighty-Third Omnibus Objection. As a result of those negotiations, on March 28, 2013, WMILT and the Underwriters entered into a valid and binding stipulation (the “March 2013 Stipulation”), pursuant to which the parties agreed to the following treatment of the Subordinated Claims: (a) the Class 18 Claims, in the amount of approximately $24 million, were disallowed with prejudice in their entirety and (b) the Class 19 Claims were allowed in the amount of $71,953,530.09 and treated in accordance with Section 23.1 of the Plan. FN 4.

Footnote 4;
While the March 2013 Stipulation contained a provision regarding Court approval, such provision was subsequently waived by the parties given that Section 6.2 of the Liquidating Trust Agreement obviated the need for approval by the Court.
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