Lehman Brothers Financial SA (LEHNQ)

[cottonisking]

ORDERED that LBHI's Capital Trust Preferred Securities are parity with LBHI's Capital Trust Preferred Securities held by JPMCB or JPMCB's affiliates per LBHI's relevant prospectuses and with or without a securities holder's, prior to purchase, knowledge of and reliance on LBHI’s August and September 2008 guaranties and security agreements in favor of JPMCB’s subsidiaries and affiliates.



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Since JPMCB was able to take all of LBHI's $8.6 billion in cash and forced LBHI into chapter 11, any reasonable person would know that JPMCB controlled LBHI prior to September 15, 2008.

See my docket 46304 from 2014 for JPMCB's Cts issues as it relates to affiliates!

"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"). "
.
.
.

" (g) the following terms have the following meanings:

"Affiliate" has the same meaning as given to that term in Rule
405 of the Securities Act of 1933, as amended, or any successor rule
thereunder."





https://www.sec.gov/Archives/edgar/data/806085/000104746903008869/a2105775zex-4_05.htm

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"Affiliate" Stockholder in Public Float Calculation - Securities Law ...
https://www.bassberrysecuritieslawexchange.com/sec-comment-affiliate-stockholder-public-float-calculation/
- Cached
Oct 25, 2017 ... The term “affiliate” is defined in Rule 405 under the
Securities Act of 1933, as amended (the “Securities Act”), as a
“person that directly, or indirectly through one or more
intermediaries, controls, is controlled by, or is under common control
with,” an issuer."


*********

"17 CFR § 230.405 - Definitions of terms.
CFR Table of Popular Names prev | next
§ 230.405 Definitions of terms.
Unless the context otherwise requires, all terms used in §§ 230.400 to
230.494, inclusive, or in the forms for registration have the same
meanings as in the Act and in the general rules and regulations. In
addition, the following definitions apply, unless the context
otherwise requires:

Affiliate. An affiliate of, or person affiliated with, a specified
person, is a person that directly, or indirectly through one or more
intermediaries, controls or is controlled by, or is under common
control with, the person specified."

https://www.law.cornell.edu/cfr/text/17/230.405

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Below you will see item 8 from Rex Wu's motion filed on April 8, 2019 for our CTs. (Docket #59614)

"8. LBHI and JPMCB/JPMSI are codebtors and thus affiliates in this
bankruptcy via common control. JPMCB/JPMSI guaranteed the claims of all of its affiliates with LBHI's September 9, 2008 Guarantee and
Security Agreement. Therefore, my CTs guaranteed claims are parity
with the CTs held by JPMSI or JPMCB affiliates per the CTs relevant
prospectus. (Docket #59555)"


1) Supporting basis for item 8 above:

*** LBHI's AND JPMCB's SETTLEMENT AGREEMENT DATED 2/1/2017 - Docket 54683 page 25 of 53 ***


"“Unaffected Matters” means claims filed by or on behalf of any JPMorgan Entity
or any affiliates or funds of a JPMorgan Entity, or in which any JPMorgan Entity or any
affiliates or funds of a JPMorgan Entity has an interest, that are not Settled Matters,
including without limitation 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, claims held
from time to time by a JPMorgan Entity’s distressed claims trading desk, and any other
claims that JPMorgan did not assert were covered by LBHI’s August and September
2008 guaranties and security agreements in favor of JPMCB’s subsidiaries and affiliates.

For the avoidance of doubt, claims relating to the LBSF Action are not Unaffected
Matters. Lehman reserves all objections and defenses to the Unaffected Matters."