Lehman Brothers Financial SA (LEHNQ)

[SwissCheeseAccount]

ECAPS 4-5 class 10A proof in black and white:

https://www.wilmingtontrust.com/content/dam/wtb-web/wtb-migration/lehman-bondholders/plans-and-disclosure-statements/debtors/Disclosure_Statement_Debtors_Third_Amended_Plan_083011.pdf

LBHI Subordinated Class 10A Notes
a. The Eighth Supplemental Indenture
The Indenture, dated as of February 1, 1996, as amended by the First
Supplemental Indenture, dated as of February 1, 1996 (together, the "Indenture") provides that:
The Company agrees, and each Holder of the Securities and related coupons by his acceptance thereof likewise agrees, that the payment of the principal of (and premium, if any) and interest, if any, on the Securities and related coupons is subordinated, to the extent and in the manner provided in this Article, to the prior payment in full when due of the principal of (and premium, if any) and interest, if any, on all Senior Debt.
See Indenture at §1401.
The Eighth Supplemental Indenture, dated as of August 19, 2005, provides that
"Senior Debt" means:
(1) the principal, premium, if any, and interest in respect of (A) indebtedness for money borrowed by the Company and (B) indebtedness evidenced by securities, notes, debentures, bonds or other similar instruments issued by the Company;
(2) all of the Company's capitalized lease obligations;
(3) all of the Company's obligations representing the deferred purchase price of property; and
(4) all deferrals, renewals, extensions and refundings of obligations of the type referred to in clauses (1) through (3);
but Senior Debt does not include:
(a) any indebtedness that by its terms is subordinated to, or ranks on an equal basis with, subordinated debt securities; and
10-5
(b) indebtedness for goods or materials purchased in the ordinary course of business or for services obtained in the ordinary course of business or indebtedness consisting of trade payables.
See Eighth Supplemental Indenture at §1.7 (amending §1401 of the Indenture by replacing only the second paragraph in its entirety).
b. Series 5065, Series 6222, Series EB 17 and Series EB 18
The (1) Fixed/Floating Rate Subordinated Notes due 2016 Series 5065, issued
pursuant to a final term sheet, dated as of September 26, 2006, under the EuroMedium-Term Note Program; (2) Floating Rate Subordinated Notes due 2037 Series EB 17, issued pursuant to a final term sheet, dated as of January 23, 2007, under the Euro Medium-Term Note Program;
(3) Fixed/Floating Rate Subordinated Notes due 2019 Series 6222, issued pursuant to the final term sheet, dated as of February 14, 2007, under the Euro Medium-Term Note Program; and (4) Fixed Rate Subordinated Notes Series EB 18, issued by LBHI on June 1, 2007, as described in the Lehman Brothers UK Capital Funding V LP Prospectus, dated as of May 30, 2007, are all subject to the provisions of the Amended and Restated Fiscal Agency Agreement, dated August 9, 2006 (the "Fiscal Agency Agreement"). The Fiscal Agency Agreement provides, in part, that:

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