EUR925 million x .143 = EUR132.275 million
Note: ECAPs 4 and 5 are not included in this calculation and settlements.
$$$$$
"3
WEIL:\98047175\1\58399.0011
“ECAPS Holder” means the beneficial owner of any part of ECAPS Series 1,
ECAPS Series 2 and/or ECAPS Series 3.
“ECAPS Series 1” means the EUR225,000,000 Fixed Rate to CMS-Linked
Guaranteed Non-voting Non-cumulative Perpetual Preferred
Securities issued by Lehman Brothers UK Capital Funding LP
as described in a prospectus dated 29 March 2005.
“ECAPS Series 2” means the EUR200,000,000 Euro Fixed Rate Guaranteed Non-
voting Non-cumulative Perpetual Preferred Securities initially
issued by Lehman Brothers UK Capital Funding II LP as
described in a prospectus dated 30 August 2005, together with a
further EUR50,000,000 Euro Fixed Rate Guaranteed Non-
voting Non-cumulative Perpetual Preferred Securities issued by
way of Final Terms dated 26 October 2005.
“ECAPS Series 3” means the EUR500,000,000 of Fixed/Floating Rate Enhanced
Capital Advantaged Preferred Securities issued by Lehman
Brothers UK Capital Funding III LP as described in a prospectus
dated 20 February 2006.
“Effective Date” means the date stated at the start of this Agreement.
“Encumbrance” means any:
(a) mortgage, pledge, lien, charge, hypothecation, security
interest or other encumbrance, security agreement or security
arrangement of any kind;
(b) purchase or option agreement or arrangement;
(c) subordination agreement or arrangement;
(d) participation or sub-participation;
(e) right of set-off; and/or
(d) agreements to create or effect any of the foregoing.
“EU MAR” means Regulation (EU) No 596/2014 of the European
Parliament and of the Council of 16 April 2014 on market abuse.
“EUR” means euro, being the official currency of certain member states
of the European Union.
“Exchange Act” means the U.S. Securities Exchange Act of 1934, as amended.
“Final Hearing Date” means the final date on which the Court of Appeal sits for its
substantive hearing of the Priority Proceedings, which hearing
is scheduled to begin on Monday, 4 October 2021 and is
expected to last five (5) days. For the avoidance of doubt, for
these purposes the substantive hearing does not include any
judgment hand-down hearing, any hearing to address matters
consequential upon judgment or any subsequent hearing.
08-13555-scc Doc 61176 Filed 07/14/21 Entered 07/14/21 16:00:16 Main Document
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