This GUARANTEE AGREEMENT (the "Guarantee"), dated as of March 17, 2003, is executed and delivered by Lehman Brothers Holdings Inc., a Delaware corporation (the "Guarantor"), and JPMorgan Chase Bank, as trustee (the "Guarantee Trustee"), for the benefit of the Holders (as defined herein) from time to time of the Securities (as defined herein) of Lehman Brothers Holdings Capital Trust III, a Delaware statutory trust (the "Trust"). . . . 2.10. Guarantee Trustee May File Proofs of Claim. Upon the occurrence of a Guarantee Event of Default, the Guarantee Trustee is hereby authorized to (a) recover judgment, in its own name and as trustee of an express trust, against the Guarantor for the whole amount of any Guarantee Payments remaining unpaid and (b) file such proofs of claim and other papers or documents as may be necessary or advisable in order to have its claims and those of the Holders of the Securities allowed in any judicial proceedings relative to the Guarantor, its creditors or its property. --------------------------------------------------------------------------------
LBHI's TRuPS as affiliate to their JPMCB Guarantee Trustee is still on the table for settlement = "and any other filed claims that JPMorgan did not assert were covered by LBHI’s August and September 2008 guaranties and security agreements."
*** Docket 54683 ***
"- Unaffected Matters. Unaffected by the Settlement are remaining claims not the subject of the objections enumerated above, including claims filed by or on behalf of a JPMorgan Entity as agent, for a customer or for a fund that it manages, claims relating to Canary Wharf and claims held from time to time by a JPMorgan entity’s distressed claims trading desk, and any other filed claims that JPMorgan did not assert were covered by LBHI’s August and September 2008 guaranties and security agreements."
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