Scusate se mi intrometto, ma nella monotonia dei docket di questi giorni, questo è carino
:
"
STIPULATION AND ORDER WITH RESPECT TO RETURN
OF FUNDS OF MKP OPPORTUNITY MASTER FUND, LTD.
This Stipulation is dated as of the 8th
day of January, 2009, and is by and among
MKP Opportunity Master Fund, Ltd. (“MKP”), JPMorgan Chase Bank, N.A. (“JPM”),
and Lehman Brothers Special Financing, Inc. (“LBSF”).
...
B. MKP represents and warrants that:
1. Since 2001, MKP has maintained a prime brokerage relationship
with Bear Stearns, now owned by JPM (“JPMorgan (Bear)”). MKP was not and
is not a counterparty with or indebted to LBSF.
2. On September 18, 2008,
MKP instructed Bank of America
(“BoA”) to
transfer $4 million (the “Funds”) from MKP’s account at BoA to
MKP’s account at JPMorgan (Bear).
3.
BoA personnel misconstrued the MKP instructions and the Funds
were mistakenly wired by BoA to JPM for the benefit of LBSF (federal reference
number 0080918B6B7HU4R006953). "
A questo punto è seguita una serie di comunicazioni sull'errore di trasferimento (dalla frequenza delle stesse si può capire che ci fosse un po' di agitazione
), ma i soldi restano bloccati alla JPM:
"C. JPM represents, to the best of its knowledge and belief, that:
1. On
September 18, 2008, the Funds were credited to LBSF account
number 066-143-543 at JPM (the “Account”). On
September 22, 2008, BoA
notified JPM that the Funds had been sent in error and requested that they be
returned.
2. On
September 23, 24, 29 and October 2, 2008, JPM notified LBSF
that it had received notification from BoA that the Funds had been credited to the
Account in error and requested authority to return the Funds.
3. On
October 1, 2008, JPM was served with an order to show cause
filed by BoA in the Supreme Court for the State of New York which temporarily
restrained JPM from transferring, assigning, pledging or otherwise disposing of
funds in, inter alia, the Account. As a result, the Account was placed on hold.
4. On
October 2, 2008, LBSF sent an instruction to JPM to pay $4
million to BoA for MKP’s account. As a result of the hold on the Account, no
payment was made.
5. On
October 3, 2008,
JPM notified LBSF that it was exercising its
right to set off the funds in the Account against the obligations of LBSF to JPM
pursuant to certain ISDA Master Agreements. The funds in the Account were
thereafter placed in a segregated JPM house account pending the issuance of a
final calculation statement of the amount due from LBSF to JPM.
6. On
various dates in October, 2008, JPM delivered calculation
statements to the Debtors which, inter alia, calculated the amounts due to JPM
from LBSF under the ISDA Master Agreements and applied the funds that had
been in the Account against the amounts due from LBSF. "
Ora, finalmente, la MKP potrà riavere i suoi 4 milioni:
"1. Within two business days of the Bankruptcy Court’s approval of this
Stipulation,
JPM shall credit the Account with the sum of $4 million, and LBSF shall
transfer the sum of $4 million from the Account to MKP, pursuant to the following
instructions:
2. JPM will reverse the setoff and application of funds in the Account to its
claims against LBSF, but only to the extent of $4 million, thereby increasing the amount
of its outstanding claims against LBSF by $4 million, as to which the obligations of
LBSF to JPM, and all claims, interests and rights of JPM in respect of the $4 million,
including any liens, rights of setoff and claims against guarantees issued by Lehman
Brothers Holdings Inc., if any, shall be reinstated as if the $4 million setoff had never
occurred. "
Della serie: siccome non c'è abbastanza confusione con i quattrini della LB, ci pensa anche la BoA...
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