MEMO ENDORSEMENT on re:8 Letter, filed by Dan Ianello. ENDORSEMENT: The court notes that Mr. Ianello filed his brief on September 16, 2019. Dkt 14. The court will accept it as timely filed but reminds Mr. lanello to adhere to all future deadlines. Appellee's opposition is now due by 10/16/2019 and Appellant's reply brief is due by 10/30/2019. SO ORDERED.
I agree... "it is the Holders of the Securities that have standing to enforce the subordinated guarantee."
Monitor case 19-cv-06397
***
"lEHMAN BROTHERS UK CAPITAL FUNDING lP ("lP I") EUR 225,000,000 FIXED RATE TO CMS-LiNKED GUARANTEED NON-VOTING, NON-CUMULATIVE PERPETUAL PREFERRED SECURITIES ("lP I PREFERRED SECURITIES") ISIN XS0215349357 25 September 2019 Notice to Holders Liquidation of lB GP No.1 Ltd ("the Company") and implications for holders of lP I Preferred Securities
. . . POTENTIAL CLAIMS AGAINST THIRD PARTIES (SUBORDINATED GUARANTEE) 4.11 LBH provided a subordinated guarantee to the Holders of the Securities in relation to LP I, LP II and LP III. The wording of the subordinated guarantee included in the prospectus suggests that the Holders of the Securities issued by LP I, LP II and LP III have subordinated guarantee claims against LBH, although it is unclear how those claims would be made in practice. Holders of the relevant Securities should take their own independent legal advice in relation to the subordinated guarantee and any claims they may wish to make (including whether claims could potentially be made against any other entity within the Group pursuant to any intra Group guarantees). The Joint 8 Liquidators' initial assessment is that the Company has no separate right to make a claim pursuant to the subordinated guarantee and it is the Holders of the Securities that have standing to enforce the subordinated guarantee. 4.12 LBHI also provided a subordinated guarantee to the Holders of the Preferred Securities in relation to LP IV and LP V. Please see paragraph 4.11 above as the Joint Liquidators' initial assessment is the same for LP IV and LP V and accordingly Holders of the relevant Securities should take their own independent legal advice in relation to the subordinated guarantee and any claims they may wish to make."