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Re: VivaLasVegas post# 174

Tuesday, 07/05/2011 11:20:28 AM

Tuesday, July 05, 2011 11:20:28 AM

Post# of 301
I would of course like full payment, but nothing wrong with a settlment so long as I am put into a class expecting recovery, and allowed to vote. Remember what makes my claim different and not duplicative of the indenture trustees claim is that "Unconditional Guarantee". Only the CT's have it, and the other subordinate bonds do not have that guarantee. This, I believe makes the CT's special, and I bought them because of that guarantee in the prospectus!
If no money, I will happily accept LAMCO equity:

The Debtors are reviewing each of the Guarantee Claims and considering the
circumstances surrounding the entry into the underlying contract or obligation, including
whether: (i) the guarantees are valid and enforceable contracts; (ii) the guarantees were properly
executed by the appropriate parties; (iii) the claimant was an express or intended beneficiary; (iv)
the claimant actually relied upon the guarantee at the time that it transacted business with the
primary obligor; and (v) the guarantee is avoidable under chapter 5 of the Bankruptcy Code.
With respect to Guarantee Claims based on the Guarantee Resolutions, the Debtors also
considered, among other things, whether (a) the Guarantee Resolutions constitute guarantees or
contracts between LBHI and the Guaranteed Subsidiaries; (b) the claimant had actual knowledge
of the Guarantee Resolutions at the time it transacted with the Guaranteed Subsidiary and (c)
additional documentation was required to create an enforceable guarantee.
The Debtors have significant defenses to the enforceability of many of the
asserted Guarantee Claims. Evaluation of each Guarantee Claim requires extensive fact-intensive
investigation and analysis and could result in substantial discovery among the parties and likely
active litigation.

Pages 49-50
IX. LAMCO
During the Chapter 11 Cases, LBHI developed, by necessity, an infrastructure for
the long-term management of the Debtors’ long-term investments and assets and LBHI’s asset
management teams developed the skills required, and an expertise and knowledge base
specifically geared to, the management of such long-term investments and distressed assets. The
capabilities of LBHI’s asset management team are scalable and transferable to the management
of other long-term investment assets for third parties as well. In order to maximize the value of
the asset management business, LBHI organized new separate but wholly owned subsidiaries to
provide management services to the Debtors and, potentially, to third parties. LAMCO Holdings
LLC, and its wholly owned subsidiaries, including LAMCO LLC (collectively, “LAMCO”)
currently provide asset management and administration services to the Debtors and, subject to
certain restrictions and approvals, may provide services to third parties. The Debtors transferred
to LAMCO a majority of LBHI’s asset management employees and certain infrastructure and
entered into an asset management agreement with LAMCO.
LAMCO is permitted, under certain circumstances, including upon the agreement
of the Creditors Committee, to enter into agreements to manage assets of third parties for a profit
that would inure to the benefit of LAMCO’s equity holder(s), and ultimately to the benefit of all
of the stakeholders in the Debtors. Although LBHI is not currently pursuing a strategic
relationship with a third party with respect to LAMCO, including the possibility of selling an
equity stake in LAMCO to a potential partner, or otherwise entering into mutually beneficial
ventures and arrangements with third parties, it has reserved the option to be able to do so in the
future.
At the discretion of the board of directors of LBHI following the Effective Date
and subject to existing agreements, LAMCO may serve as asset manager for certain assets of
each of the Debtors under the Plan. Ownership and ultimate decision making authority with
respect to each of the Debtor’s assets after the Effective Date will be vested in the applicable
Debtor as provided in section 13.1 of the Plan.


All the above is my opinion, after all who would believe me anyway since I drive a 1975 Vega!




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