Continue into January 2021, LBHI's and JPMCB's 2/1/2017 settlement agreement did not release “Unaffected Matters” or end the CTs' holders indirect (BNYM) claims against JPMCB. Our CTs are covered by “Unaffected Matters”. We put this info in the designation of records for the Dan Lanello and Rex Wu Appeal: Case 1:19-cv-06397. JPMCB is still on the hook for our CTs. Unless, LBHI and/or JPMCB has a better secret deal for the CTs' holders.
"other than the Unaffected Matters (as defined in the Settlement Agreement), except that the foregoing release, waiver and discharge shall not release, waive or discharge (i) any Unaffected Matter or (ii) the right to enforce this Settlement Agreement;"
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1) The article was updated since my previous post:
"“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"
3) The Order: Docket 54788 2/16/2017
"ORDERED that, upon receipt by LBHI of the Settlement Payment, all of the JPMorgan Parties (as defined in the Settlement Agreement) are hereby and shall be deemed to forever generally release, waive and discharge each and every of the Lehman Parties and the Committee and each of its members (in each case solely in their capacities as such), all of their parents, subsidiaries and affiliates (in each case who are debtors in the Chapter 11 Cases) and (in each case solely in their capacities as such) all of their respective property, current and former officers, directors, employees, divisions, branches, attorneys, financial advisors, accountants, investment bankers, investment advisors, actuaries, professionals, agents, successors, predecessors and representatives from and in respect of 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 (as defined in the Settlement Agreement) described in paragraphs C through H of the Background section of the Settlement Agreement, other than the Unaffected Matters (as defined in the Settlement Agreement), except that the foregoing release, waiver and discharge shall not release, waive or discharge (i) any Unaffected Matter or (ii) the right to enforce this Settlement Agreement; and it is further"