Thursday, April 13, 2023 8:09:32 PM
Let's look at the entire paragraph and not just a snippet from it. What was stated was, "We also have in there the part (b) of what is to be retained, and that is because in negotiations that we had with all of the settling parties, with the equity committee last week, with the FDIC, we did talk a great deal about the concept of the retained assets. Now, it's my position, Your Honor, that the examiner doesn't need to do much with the retained assets other than say the assets are retained and therefore the liquidating trust can go ahead and pursue them. They will still be there; they can be carried through. But I understand that the equity committee is very interested in having a neutral third party do an investigation of those retained assets."
Now, pay attention because Robert Johnson with Akin Gump gave the definition of what the "retained assets" are during this court hearing on July 2, 2010.
"Moving on, the next step is part (b), and that would be "such other claims and causes of action which shall be retained by the Debtors, and the proceeds thereof, if any, distributed to creditors and equity interest holders pursuant to the Plan, and the claims and defenses of third parties thereto," and we've defined that as the "Retained Asset Component.""
The pleasure is not mine, it's all yours.
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