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Success for LBHI2 and LBL in Supreme Court on Lehman Waterfall I
LBHI2's subordinated debt claims rank behind both statutory interest and non-provable debts
LBHI2, one of the members of LBIE, is owed a substantial amount under subordinated loan agreements. The Court found that statutory interest is "payable and owing" by LBIE and both statutory interest and non-provable claims are payable "in the insolvency" of LBIE. The terms of the agreements therefore subordinated claims under them to both statutory interest and non-provable claims. The Court had no objection to giving an effect to a creditor's contractual agreement that its claim would rank lower in the insolvency waterfall than it would have done absent the contract.
Success for LBHI2 and LBL in Supreme Court on Lehman Waterfall I - Lexology
LBHI2's subordinated debt claims rank behind both statutory interest and non-provable debts
LBHI2, one of the members of LBIE, is owed a substantial amount under subordinated loan agreements. The Court found that statutory interest is "payable and owing" by LBIE and both statutory interest and non-provable claims are payable "in the insolvency" of LBIE. The terms of the agreements therefore subordinated claims under them to both statutory interest and non-provable claims. The Court had no objection to giving an effect to a creditor's contractual agreement that its claim would rank lower in the insolvency waterfall than it would have done absent the contract.
Success for LBHI2 and LBL in Supreme Court on Lehman Waterfall I - Lexology