Replies to post #73179 on Lehman Brothers Financial SA (LEHNQ)

[inesdefilia]

inesdefilia Wednesday, 03/02/16 07:51:52 PM
Re: inesdefilia post# 65634
Post #
65642
of 73179 Go
"Relief Requested
1. The proofs of claim listed on Exhibit A annexed hereto relate in whole or
in part to securities identified by ISIN XS0282978666 or ISIN XS0301813522 (the “Preferred
Securities”) issued by Lehman Brothers UK Capital Funding IV L.P. (“LB UK IV”) or Lehman
Brothers UK Capital Funding V L.P. (“LB UK V” and, together with LB UK IV, the “Trusts”),
non-Debtor entities. LBHI issued guarantees in connection with the Preferred Securities
(together, the “Subordinated Guarantees”) which rank LBHI’s obligations, if any, junior to all
subordinated liabilities of LBHI and pari passu with LBHI’s preferred equity"


34457 02/06/2013
Order Signed on 2/6/2013 Granting Three Hundred Seventy-Ninth Omnibus Objection to Claims (Subordinated Guarantee Claims). (Related Doc # [32652]) (Nulty, Lynda)

Case: Lehman Brothers Holdings Inc.

Related: 32652
Document
32652 12/07/2012
Motion for Omnibus Objection to Claim(s) : Three Hundred Seventy-Ninth Omnibus Objection to Claims (Subordinated Guarantee Claims) filed by Robert J. Lemons on behalf of Lehman Brothers Holdings Inc.. with hearing to be held on 1/30/2013 at 10:00 AM at Courtroom 601 (JMP) Responses due by 1/9/2013, (Lemons, Robert)

Case: Lehman Brothers Holdings Inc.

[inesdefilia]

2.4 page 2 "..VIA STOCK EXCHANGE.."

http://www.rns-pdf.londonstockexchange.com/rns/9507I_1-2017-6-22.pdf

[cottonisking]

Perhaps making a dividend payment to ECAPs, "identified by ISIN XS0282978666 or ISIN XS0301813522," would force LBHI to make a dividend payment to its TRuPS! Thus, the reason why LBHI did not turn over the cash to the Joint Liquidator's in May of 2017. LBHI wants Judge Shelly C. Chapman to make the big decision "take Creditors cash" and LBHI "may" or "will" enter an appeal for the next three years over her decision to do the right thing (spread the cash around)!

"5.1 At the time of the Joint Liquidator's appointment they understood from LBHI that it was holding cash ("the Funds") which would be paid to the Joint Liquidator's in May of 2017."
.
.
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5.5 LBHI has not made the May 2017 payment and tells the Joint Liquidator's to file a claim (read the pdf).

https://www.rns-pdf.londonstockexchange.com/rns/9507I_1-2017-6-22.pdf

***

"However, if Holdings does defer such interest payments, it will be subject to certain restrictions relating to the payment of dividends on or purchases of its capital stock and payments on its debt securities that rank equal with or junior to the subordinated debentures."

Versus

"1. The proofs of claim listed on Exhibit A annexed hereto relate in whole or
in part to securities identified by ISIN XS0282978666 or ISIN XS0301813522 (the “Preferred
Securities”) issued by Lehman Brothers UK Capital Funding IV L.P. (“LB UK IV”) or Lehman
Brothers UK Capital Funding V L.P. (“LB UK V” and, together with LB UK IV, the “Trusts”),
non-Debtor entities. LBHI issued guarantees in connection with the Preferred Securities
(together, the “Subordinated Guarantees”) which rank LBHI’s obligations, if any, junior to all
subordinated liabilities of LBHI..."

***

"
8,000,000 Preferred Securities

LEHMAN BROTHERS HOLDINGS CAPITAL TRUST VI

6.24% Preferred Securities, Series N

(Liquidation amount $25 per preferred security)

fully and unconditionally guaranteed, to the extent set forth herein, by

LEHMAN BROTHERS HOLDINGS INC.

Maturity Date January 18, 2054
.
.
.
Deferral of Distributions

If the subordinated debentures are not in default, Holdings can, on one or more occasions, defer interest payments on the subordinated debentures for up to 20 consecutive quarterly periods. A deferral of interest payments cannot extend, however, beyond the maturity date of the subordinated debentures. If Holdings defers interest payments on the subordinated debentures, the trust will also defer quarterly distributions on the preferred securities. During a deferral period, interest on the subordinated debentures would continue to accrue, and, accordingly, distributions otherwise due to you would continue to accumulate. See "Certain Terms of the Subordinated Debentures—Option to Defer Interest Payments" for a discussion of how you will be notified of a deferral of interest by Holdings.

Once Holdings makes all deferred interest payments on the subordinated debentures, it can again defer interest payments on the subordinated debentures as discussed above.

Holdings does not currently intend to defer interest payments on the subordinated debentures. However, if Holdings does defer such interest payments, it will be subject to certain restrictions relating to the payment of dividends on or purchases of its capital stock and payments on its debt securities that rank equal with or junior to the subordinated debentures. See "Certain Terms of the Subordinated Debentures—Option to Defer Interest Payments."
.
.
.
Option to Defer Interest Payments

Holdings can defer interest payments on the subordinated debentures for up to 20 consecutive quarterly periods if the subordinated debentures are not in default. A deferral of interest payments cannot extend, however, beyond the maturity date of the subordinated debentures. During the deferral period, interest will continue to accrue on the subordinated debentures, compounded quarterly and deferred interest payments will accrue additional interest. No interest will be due and payable on the subordinated debentures until the end of the deferral period except upon a redemption of the subordinated debentures during a deferral period.

Holdings may pay at any time all or any portion of the interest accrued to that point during a deferral period. At the end of the deferral period or on any redemption date, Holdings will be obligated to pay all accrued and unpaid interest.

Once Holdings makes all interest payments on the subordinated debentures, with accrued and unpaid interest, it can again defer interest payments on the subordinated debentures as described above.

During any deferral period, neither Holdings or any of its subsidiaries will be permitted to:

•
pay a dividend or make any other payment or distribution on Holdings' capital stock;


•
redeem, purchase or make a liquidation payment on any of Holdings' capital stock;


•
make an interest, principal or premium payment, or repay, repurchase or redeem, any of Holdings'
S-13


--------------------------------------------------------------------------------


debt securities that rank equal with or junior to the subordinated debentures; or

•
"

https://www.sec.gov/Archives/edgar/data/806085/000104746905000357/a2149684z424b2.htm

*** Old Post ***

cottonisking Sunday, 05/28/17 09:18:31 AM
Re: stockmojo9 post# 72716
Post # of 73191

LBHI's Preferred Securities rank higher than the EURO Preferred Securities in LBHI's Plan Trust:

http://web3.cmvm.pt/sdi2004/emitentes/docs/fsd11583.pdf

Note: The EURO Preferred Securities subordinated notes are in LBHI's class 10A and LBHI's Capital Trust subordinated notes are in LBHI's class 10B.

*****************

See docket 32652 for more details.

"1. The proofs of claim listed on Exhibit A annexed hereto relate in whole or
in part to securities identified by ISIN XS0282978666 or ISIN XS0301813522 (the “Preferred
Securities”) issued by Lehman Brothers UK Capital Funding IV L.P. (“LB UK IV”) or Lehman
Brothers UK Capital Funding V L.P. (“LB UK V” and, together with LB UK IV, the “Trusts”),
non-Debtor entities. LBHI issued guarantees in connection with the Preferred Securities
(together, the “Subordinated Guarantees”) which rank LBHI’s obligations, if any, junior to all
subordinated liabilities of LBHI and pari passu with LBHI’s preferred equity.:

***

34457 02/06/2013
Order Signed on 2/6/2013 Granting Three Hundred Seventy-Ninth Omnibus Objection to Claims (Subordinated Guarantee Claims). (Related Doc # [32652]) (Nulty, Lynda)

Case: Lehman Brothers Holdings Inc.

Related: 32652
Document
32652 12/07/2012
Motion for Omnibus Objection to Claim(s) : Three Hundred Seventy-Ninth Omnibus Objection to Claims (Subordinated Guarantee Claims) filed by Robert J. Lemons on behalf of Lehman Brothers Holdings Inc.. with hearing to be held on 1/30/2013 at 10:00 AM at Courtroom 601 (JMP) Responses due by 1/9/2013, (Lemons, Robert)

Case: Lehman Brothers Holdings Inc.


*** Old Post ***

cottonisking Monday, 12/10/12 11:54:32 AM
Re: cottonisking post# 19067
Post # of 72716

These two non-debtor entities were looking for a payment from LBHI since they are not in bankruptcy!

*******Docket 32652*********

1. The proofs of claim listed on Exhibit A annexed hereto relate in whole or
in part to securities identified by ISIN XS0282978666 or ISIN XS0301813522 (the “Preferred
Securities”) issued by Lehman Brothers UK Capital Funding IV L.P. (“LB UK IV”) or Lehman
Brothers UK Capital Funding V L.P. (“LB UK V” and, together with LB UK IV, the “Trusts”),
non-Debtor entities. LBHI issued guarantees in connection with the Preferred Securities
(together, the “Subordinated Guarantees”) which rank LBHI’s obligations, if any, junior to all
subordinated liabilities of LBHI and pari passu with LBHI’s preferred equity. Accordingly, the
Plan Administrator files this objection, pursuant to sections 502(b) and 510(a) of title 11 of the
United States Code (the “Bankruptcy Code”), Rule 3007(d) of the Federal Rules of Bankruptcy
Procedure (the “Bankruptcy Rules”), and this Court’s order approving procedures for the filing
of omnibus objections to proofs of claim filed in these chapter 11 cases (the “Procedures Order”)
[ECF No. 6664], to classify as equity interests, all portions of the claims listed on Exhibit A
annexed hereto that relate to the Preferred Securities or the Subordinated Guarantees (such
portions the “Subordinated Guarantee Claims”).
Jurisdiction