Paolo, da quello che si legge nel 4271:
ORDERED that each Proof of Claim must: (i) be written in the English language;
(ii) be denominated in lawful currency of the United States; (iii) conform substantially with the
Proof of Claim Form; (iv) state the name and case number of the specific Debtor against which it
is filed; (v) set forth with specificity the legal and factual basis for the alleged claim; (vi) include
supporting documentation or an explanation as to why documentation is not available; and (vii)
be signed by the claimant or by an authorized agent of the claimant; and it is further ....
e anche:
ORDERED that Proofs of Claims
may only be filed by parties that are authorized
to file such claims in accordance with Bankruptcy Code and the Bankruptcy Rules; ...
e a pag.13 e seguenti:
(c) the Debtors are authorized to, and will, translate the Securities Programs Bar
Date Notice into relevant foreign languages; it being understood that claims
submitted in respect of any Lehman Program Security must: (i) be written in
the English language; (ii) to the extent a claim amount is reflected thereon, be
denominated in lawful currency of the United States using the exchange rate
as applicable as of September 15, 2008; (iii) conform substantially with the
Securities Programs Proof of Claim Form; (iv) state the name and case
number of the specific Debtor against which it is filed; (v) identify the
International Securities Identification Number (“ISIN”) and/or Committee on
Uniform Securities Identification Procedures (“CUSIP”) number, as
applicable, for each Lehman Program Security; (vi) include either a Euroclear
electronic instruction reference number or a Clearstream blocking reference
number; (vii)
be signed by the Filing Entity or by an authorized agent of the
Filing Entity; and (viii) be submitted in hard copy form with an original
signature;
(d)
the Debtors shall publish on http://www.lehman-docket.com a proposed list
of “Lehman Programs Securities,” to include at a minimum issuances under
(i) that certain U.S.$100,000,000,000 Euro Medium Term-Note Program, (ii)
that certain U.S.$4,000,000,000 German Note Issuance Programme, as
described in a certain Base Prospectus, dated August 28, 2007, (iii) the Swiss
Certificates Programme, as described in a certain Programme Prospectus,
dated November 29, 2007 and (iv) the Italian Inflation Linked Notes, dated
December 2005 – December 2017, which list will include the ISIN and/or
CUSIP, as applicable, for each Lehman Program Security, no later than July
6, 2009 at 5:00 pm (prevailing Eastern Time), and the Debtors, the Creditors’
Committee, the account holders or holders of any Lehman Program Security
that identify themselves in writing to the Debtors, and the trustees for Lehman
Brothers Treasury Co. B.V. and other applicable foreign proceedings will
work in good faith to agree on a list of “Lehman Programs Securities” by no
later than July 13, 2009;
(i)
persons or entities that file claims based on any Lehman Program Security are
not required to attach or submit any documentation supporting any claim
based on such Lehman Program Security; provided however that, the Debtors
reserve the right to seek production of all documentation required by
Bankruptcy Rule 3001(c) as part of the claims reconciliation process;
(j)
claims based on any Lehman Program Security shall not be disallowed on the
ground that such claims were not filed by the proper party or an authorized
agent, as contemplated by Bankruptcy Rule 3001(b);
(k)
a Filing Entity that files a claim based on any Lehman Program Security, by
filing such claim, for the purposes of U.S. Bankruptcy proceedings, consents
to and hereby is deemed to be the claimant for the purpose of receiving
notices and distributions, if any, except as otherwise provided in a
confirmation order related to a plan, and responding to any objection
interposed as to such claim. For the avoidance of doubt, a Filing Entity that
files a claim on behalf of multiple account holders or holders of any Lehman
Program Security shall not be required to provide identifying information for
such account holders or holders of any Lehman Program Security; ....
Quindi, mi sembra che per i possessori di obbligazioni olandesi sia obbligatorio presentare la PoC entro il 22 settembre, anche con la compilazione del questionario "Garantite" entro il 2 novembre 2009, ma si
prevede la possibilità di delegare la presentazione ad una Entità (che nel nostro caso potrebbe essere la banca o l'ABI).
Sembra anche che venga previsto di integrare le liste delle securities anche con le EMTN e le Italian Inflation Linked Notes.
Sicuramente A&O saranno più precisi quando avranno studiato bene il documento e ci sapranno dare conferma...