WITHOUT PREJUDICE SAVE AS TO COSTS SUBJECT TO CONTRACT LEGAL02/44871304v9 Reserve and Reimbursement Agreement and 7(f) Application Settlement shall remain in full force and effect without amendment or variation. Clause 8 of the Framework Agreement shall be amended to record that the Effective Date occurred on 8 October 2023. Binding terms: Confidentiality: All drafts of and the substance of all negotiations in connection with this Term Sheet are confidential to the Parties and their advisers, who shall not disclose or otherwise communicate them to any third party without the written consent of the other Parties other than: a) the final agreed term sheet may be sent to ECAPS Account Holders and Beneficial ECAPS Interest Holders who are not party thereto and in that process may also be circulated by the JLs via RNS; b) the final agreed term sheet may be sent by DB or Whitefort to ECAPS Account Holders and Beneficial ECAPS Interest Holders with a view to obtaining Letters of Support; c) 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; d) 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; e) 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; f) pursuant to any express requirement under the rules of any listing authority or stock exchange on which a Party's shares are traded; or g) LBHI may publish the final agreed term sheet, and final settlement documentation (including the Amendment and Restatement 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 Amendment and Restatement Agreement, and the settlement agreement in respect of the Partial Discharge Issue, whether or not those agreements are signed or come into effect (and without prejudice to (i) the PLC Administrators’ costs and expenses being paid from the PLC estate; or (ii) the JLs’ costs and expenses being paid from GP1 and/or the ECAPS Issuers; or (iii) the Reserve and Reimbursement Agreement). Without Prejudice:
EUR 200,000,000 EURO FIXED RATE ENHANCED CAPITAL ADVANTAGED PREFERRED SECURITIES ("LP IV ECAPS")
ISSUER: LEHMAN BROTHERS UK CAPITAL FUNDING IV LP ("LP IV")
ISIN: XS0282978666
LIQUIDATION OF LB GP NO.1 LTD ("the Company") AND IMPLICATIONS FOR HOLDERS OF LP IV ECAPS
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