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Replies to post #109264 on Lehman Brothers Financial SA (LEHNQ)
12/16/23 9:18 AM
12/16/23 10:02 AM
12/17/23 2:42 AM
vii. LBHI may publish the final agreed term sheet, and final
settlement documentation (including the Framework
Agreement and relevant consent orders), on the
Bankruptcy Court docket and report and refer to the
settlement terms in its quarterly reporting and discuss its
terms with LBHI’s creditors and investors.
WITHOUT PREJUDICE
SUBJECT TO CONTRACT
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ii. the final agreed term sheet may be sent by DB to ECAPS
Account Holders and Beneficial ECAPS Interest Holders
with a view to obtaining Letters of Support;
iii. to the Parties' respective auditors, insurers (and their
insurers/reinsurers), firm (in the case of the JLs and PLC
Administrators), and their respective advisors, and
lawyers on terms which preserve confidentiality;
iv. pursuant to an order of a court of competent jurisdiction,
or pursuant to any proper order or demand made by any
competent authority or body where they are under a
legal or regulatory obligation to make such a disclosure;
v. the final agreed term sheet may be disclosed by the PLC
Administrators or the JLs to the extent they reasonably
consider necessary or appropriate in the performance of
their functions as office holders;
vi. pursuant to any express requirement under the rules of
any listing authority or stock exchange on which a party's
shares are traded; or
👉️vii. LBHI may publish the final agreed term sheet, and final
settlement documentation (including the Framework
Agreement and relevant consent orders), on the
Bankruptcy Court docket and report and refer to the
settlement terms in its quarterly reporting and discuss its
terms with LBHI’s creditors and investors.👈️
Costs and expenses:
All parties will pay their own costs and expenses (including legal
fees) incurred in connection with the preparation, negotiation
and execution of the Framework Agreement, whether or not the
Framework Agreement is signed or comes into effect (and
without prejudice to the PLC Administrators’ 👉️costs and expenses
being paid from the PLC estate).👈️
Without Prejudice:
The parties agree to treat the publication or disclosure of this
term sheet to the ECAPS Account Holders, Beneficial ECAPS
Interest Holders who are not party or otherwise to any non-party
as not affecting the without prejudice status of the settlement
discussions such that without prejudice privilege is not waived
and that no party will refer to the settlement discussions or
without prejudice term sheet in court in a manner which would
otherwise be contrary to the without prejudice principle.
AI
