Saturday, November 14, 2020 1:39:38 PM
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1) Bankruptcy Code 510(a) is in the "Plan and relevant to the CTs:"
"Section 510(a) makes a valid contractual subordination agreement enforceable in a bankruptcy case to the same extent that it would be enforceable outside bankruptcy."
" rel·e·vant
/'rel?v?nt/
adjective
closely connected or appropriate to what is being done or considered."
The CTs' "guarantee" is a valid contractual subordination agreement. Did the Debtors violate or breach the CTs' valid "guarantee?" Yes, the Plan Administrator has told the court that there was no need for the Indenture Trustee to file the CTs' allowed claims under the CTs' valid "guarantee." LBHI has no obligation to pay the CTs' holders, however, LBHI can choose to paid the CTs'holders now instead of later. Why? Too remove the CTs' subsidiaries dividend stopper and among other rights that limit LBHI's securities transactions outlined in the CTs' prospectuses.
" vi·o·late
/'vi??lat/
verb
break or fail to comply with (a rule or formal agreement).
"they violated the terms of a ceasefire"
synonyms: contravene, breach, commit a breach of, infringe, infract, break, transgress, overstep, not comply with, disobey, defy, flout, fly in the face of, rebel against, disregard, ignore, pay no heed to, take no notice of, set at naught"
Note: The name of the game in this bankruptcy is to hold other creditors money as long as you can and use the court to assist with a delay in making rightful payments to creditors or debtors. There has been no price to pay for all the monkey business going on in this bankruptcy!
What is your basis when you guess? Loose lips can lose in court!
Guess:
"verb (used with object) to arrive at or commit oneself to an opinion about (something) without having sufficient evidence to support the opinion fully: to guess a person's weight. to estimate or conjecture about correctly: to guess what a word means. to think, believe, or suppose: I guess I can get there in time."
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"7.1. Termination.
This Guarantee shall terminate upon (i) full payment of the Redemption Price of all Securities, (ii) distribution of the Debentures to the Holders of all the Securities or (iii) full payment of the amounts payable in accordance with the Declaration upon liquidation of the Trust. Notwithstanding the foregoing, this Guarantee will continue to be effective or will be reinstated, as the case may be, if at any time any Holder of Securities must restore payment of any sums paid under the Securities or under this Guarantee."
https://www.sec.gov/Archives/edgar/data/806085/000104746903008869/a2105775zex-4_05.htm
Lehman Brothers' bankruptcy has been a very long trip. Investors are starting to trip out over their dreams! Lets see if this rocket can take off and land on underground water on Mars!
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Major Point:
The CTs' "Successors and Assigns" rights make the ranking of the CTs LBHI class 10B junior subordinate notes claims' a moot point as it relates to cash payments to the CTs' holders.
"A moot point is an expression meaning that something doesn't matter so there is no point for debate because of certain circumstances."
Basis:
"SECTION 9
MISCELLANEOUS
9.1. Successors and Assigns.
All guarantees and agreements contained in this Guarantee shall bind
the successors, assigns, receivers, trustees and representatives of
the Guarantor and shall inure to the benefit of the Holders of the
Securities then outstanding.,"
Status Codes:
P = Pennies
D = Dollars
F = Fraud dollars+
" ver·i·fi·ca·tion
/?ver?f?'kaSH(?)n/
noun
the process of establishing the truth, accuracy, or validity of something."
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" ba·sis
/'bas?s/
noun
the underlying support or foundation for an idea, argument, or process.
"trust is the only basis for a good working relationship"
Basis for post: My words alone are not worth two cents! So read the CTs' guarantee below, written by LBHI.
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"Judicial economy refers to efficiency in the operation of the courts and the judicial system. It is the efficient management of litigation so as to minimize duplication of effort. ... For example, a court may consolidate two cases for trial to save the court and parties from having two trials"
I) The CTs' "Successors and Assigns" rights make the ranking of the CTs LBHI class 10B junior subordinate notes claims' a moot point as it relates to cash payments to the CTs' holders.
"SECTION 9
MISCELLANEOUS
9.1. Successors and Assigns.
All guarantees and agreements contained in this Guarantee shall bind
the successors, assigns, receivers, trustees and representatives of
the Guarantor and shall inure to the benefit of the Holders of the
Securities then outstanding.,"
https://www.sec.gov/Archives/edgar/data/806085/000104746903008869/a2105775zex-4_05.htm
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