Replies to post #73217 on Lehman Brothers Financial SA (LEHNQ)

[wayne49]

Thank you for answering my question.

Cotton, if one CT gets paid dividends or if there is movement, all 4 CTs get paid or move together right?

"Each CT has six degrees of freedom (24 DOF)! Nothing is a sure thing in this play! So we wait for news!"


I am a bit heavier on the Ms and Ls. Overall, I am pretty spread out on all 4 CTs. In the unlikelihood there is a discrimatory payout, I am cool with it.

[inesdefilia]

Do you answer your own questions all the time? Curious actitude.

[stoxjock]

Cotton,

Given that it is clearly mentioned in the prospectuses for LB UK IV TRuPS and LB UK V TRuPS that they are JUNIOR in priority to (ie., rank lower in priority to) LBHI's TRuPS (ie., the LBHI US TruPS which are the CTs issued in the US - LEHKQ, LEHLQ, LHHMQ & LEHNQ), how can LBHI legally justify not paying the CTs IF the UK Courts 'enforce' the UK TruPS to be paid thru the "Trust Partnership Liquidation' process that the Trustee/'Liquidation Trustee' appointed by the UK courts for this matter?

Would a 'Full redemption' payment for the UK TruPS by the UK Court appointed "Liquidation Advisor/Trustee) make our case stronger to demand a similar action by JPMC (US Guarantee Trustee for CTs)?

I appreciate very much your expert opinion...

[cottonisking]

(xiii) LBHI Class 10A- Subordinated Class 10A Claims against LBHI

Subordinated Class 10A Claims in LBHI Class 10A include any Claim
against LBHI arising under any of (a) the Floating Rate Junior
Subordinated Deferrable Interest Debentures due 2035 issued pursuant
to the Eighth Supplemental Indenture, dated as of August 19, 2005,
between LBHI and JPMorgan Chase Bank, as trustee; (b)
.
.
.
(xiv) LBHI Class 10B- Subordinated Class 10B Claims against LBHI

Subordinated Class 10B Claims in LBHI Class 10B include any Claim against LBHI arising under any of (a) the 6.375% subordinated Deferrable Interest Debentures due 2052, issued pursuant to the Fourth Supplemental Indenture, dated as of March 17, 2003, between LBHI and JPMorgan Chase Bank, as trustee; (b)
.
.
.

https://www.sec.gov/Archives/edgar/data/806085/000119312511239866/dex991.htm


***

"LEHMAN BROTHERS HOLDINGS INC.



AND



JPMORGAN CHASE BANK, N.A.,



as Trustee





EIGHTH SUPPLEMENTAL INDENTURE



Dated as of August 19, 2005




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





THIS EIGHTH SUPPLEMENTAL INDENTURE, dated as of August 19, 2005, is between LEHMAN BROTHERS HOLDINGS INC., a corporation duly organized and existing under the laws of the State of Delaware (the “Company”), and JPMORGAN CHASE BANK, N.A. (as successor to The Chase Manhattan Bank (formerly known as Chemical Bank)), a national banking corporation duly organized and existing under the laws of the United States of America, acting as Trustee under the Indenture referred to below (the “Trustee”)."

https://www.lawinsider.com/contracts/6LIBdxS9VdCeaMWTRxqUlk/lehman-brothers-holdings-e-capital-llc-i/1341853/2005-10-21

***

Quote:
--------------------------------------------------------------------------------
GUARANTEE AGREEMENT


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").
.
.
.
(g) the following terms have the following meanings:

"Affiliate" has the same meaning as given to that term in Rule 405 of
the Securities Act of 1933, as amended, or any successor rule
thereunder.

.
.
.

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.
--------------------------------------------------------------------------------


http://www.sec.gov/Archives/edgar/data/806085/000104746903008869/a2105775zex-4_05.htm

[stoxjock]

"
All the talk is about paying LB UK IV TRuPS and LB UK V TRuPS and not their notes in class 10A in the June 23, 2017 Joint Liquidators notice. "


Cotton, I surmise this is because the INvestors invested in the Securities of the underlying Notes and Not in the NOtes themselves, right? The Notes wre only a mechanism for the investment so that LBHI could take advantage of dedeucting the "Interest Expense" of the notes which was paid as dividend on the CT securities...