Update – Waterfall II Application – Reply Position Papers and Further Evidence – 4 November 2014

On 31 October 2014, the Respondents to the Waterfall II Application filed and served their position papers in response to the position papers filed in the Application by the Respondents on 19 September 2014 and the LBIE Administrators on 10 October 2014. This is in accordance with the procedural order made by the Court on 25 June 2014.

Copies of those position papers can be found below.

• Position Paper on behalf of the First, Second and Third Respondents.
• Position Paper on behalf of the Fourth Respondent.
• Position Paper on behalf of the Fifth Respondent.

In addition, further witness evidence was filed and served by the LBIE Administrators, the Second Respondent and the Third Respondents.

Copies of this witness evidence can be found below.

• For the Administrators, the eleventh witness statement of Anthony Victor Lomas and exhibit.
• For the Second Respondent, the first witness statement of Andrea Zambelli.
• For the Third Respondent, the first witness statement of Mary Nell Browning. Copies of the exhibits associated with this witness statement can be provided on request.

Furthermore, in paragraph 4.5 of their position paper filed on 10 October 2014, the Administrators noted that the interests of ordinary unsecured creditors who are not Respondents in the Application might not be fully represented in the positions taken by the Respondents.

The Administrators are keen to ensure that such creditors have the opportunity to identify to the Administrators any relevant positions or arguments not currently adopted by any party to the Application, so that they may consider whether those should be put before the Court.

Any creditor which considers that there are relevant positions or arguments not currently before the Court should contact the Administrators at unsecuredcreditors@lbia-eu.com.

Should you have any queries regarding this update, please contact LBIE’s Communications and Counterparty Management team at generalqueries@lbia-eu.com