“Unaffected Matters” will pave a new highway leading to the Debtors cash and assets. We will name the new highway "justice" and adopt it and pick up all the trash free!
You would think that the Debtors and JPMCB would let an arbitrator assist them with resolving “Unaffected Matters” below for the sake of saving time. It worked with the Citibank settlement! Perhaps an arbitrator is currently working on this case.
"Arbitrator | Define Arbitrator at Dictionary.com www.dictionary.com/browse/arbitrator - Cached Arbitrator definition, a person chosen to decide a dispute or settle differences, especially one formally empowered to examine the facts and decide the issue"
"Claims Allowance and CDA. JPMorgan’s Claim No. 66462 against LBHI will be reduced, allowed in an amount consistent with the Settlement Payment and the settlement of the LBSF Action, and the 492nd Omnibus Objection, as set forth in an instruction letter (the “Instruction Letter”) to be submitted to the claims agent retained in the Chapter 11 Cases: Epiq Systems Inc. (the “Claims Agent”), and deemed fully satisfied because it had been previously fully satisfied pursuant to the Collateral Disposition Agreement dated March 16, 2010 [ECF No. 7619] (as amended and supplemented from time to time, the “CDA”). Claim Nos. 66474, 66452, 66455, 66465, 66466, 66468, 66469, and 66473 will be assigned to certain of the Lehman Parties on a final basis and reconciled in amounts not to exceed $200 million, as set forth in the Instruction Letter. All true-up and other remaining obligations of the parties under the CDA will be terminated and discharged. . . .
“Settled Matters” means any and all Actions between the parties, including without limitation, any and all Actions relating to the matters, facts and circumstances described in, or arising from, or related in any way to any of the matters, facts and circumstances underlying or related to the Actions and CDA Obligations described in paragraphs C through H of the Background section of this Settlement Agreement, other than the Unaffected Matters. For the avoidance of doubt, the Settled Matters include, without limitation, the Tassimo Action, the LBSF Action, the 492nd Omnibus Objection, the Securities Lending Objection, and the CDA Obligations, but exclude the Unaffected Matters.
“Unaffected Matters” means claims filed by or on behalf of any JPMorgan Entity or any affiliates or funds of a JPMorgan Entity, or in which any JPMorgan Entity or any affiliates or funds of a JPMorgan Entity has an interest, that are not Settled Matters, including without limitation 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, claims held from time to time by a JPMorgan Entity’s distressed claims trading desk, and any other claims that JPMorgan did not assert were covered by LBHI’s August and September 2008 guaranties and security agreements in favor of JPMCB’s subsidiaries and affiliates.
For the avoidance of doubt, claims relating to the LBSF Action are not Unaffected Matters. Lehman reserves all objections and defenses to the Unaffected Matters."
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. -------------------------------------------------------------------------------- http://www.sec.gov/Archives/edgar/data/806085/000104746903008869/a2105775zex-4_05.htm
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