Wednesday, August 19, 2009 7:18:38 PM
"12. In March of 2009, certain of the Noteholders participated in negotiations with JPM, the FDIC, the Debtors, the Official Committee of Unsecured Creditors (the “Official Committee”) and other noteholders represented by Fried, Frank, Harris, Shriver & Jacobson LLP (“Fried Frank”) in hopes of reaching a global settlement of the disputed issues in these chapter 11 cases. As a condition to participation in those negotiations, the participating Noteholders were required to execute limited confidentiality agreements, which in effect precluded them from trading in WMI’s securities or required them to establish and observe internal screening procedures during the term of the confidentiality agreement. During these negotiations, JPM commenced an adversary proceeding against the Debtors; no advance notice was provided to the Debtors, the Official Committee or the Noteholders. JPMorgan Chase Bank, N.A. v. Washington Mutual, Inc., Adv. Case No. 09-50551 (Bankr. D. Del.) [Docket No. 807]. The filing of the adversary proceeding effectively ended the negotiations. Nevertheless, at no time during the negotiations did JPM express any interest in any of the information now sought through the 2019 Motion."
From OBJECTION BY THE WASHINGTON MUTUAL, INC. NOTEHOLDERS
GROUP TO THE MOTION OF JPMORGAN CHASE BANK, N.A. TO COMPEL
THE WASHINGTON MUTUAL, INC. NOTEHOLDERS GROUP TO COMPLY
WITH FEDERAL RULE OF BANKRUPTCY PROCEDURE 2019
http://www.kccllc.net/documents/0812229/0812229090819000000000007.pdf
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