The Joint Administrators of LBIE are pleased to announce the launch of a proposal known as the third LBIE admitted claims auction (the “LACA III”). The LACA III has been designed to provide a further, or new, option for certain of LBIE’s unsecured creditors (who have not already sold their admitted unsecured claims (each such claim, a “Claim”) pursuant to the first LBIE admitted claims auction (the “LACA”) or the second LBIE admitted claims auction (the “LACA II”) (or otherwise)) to conclude their relationship with LBIE by providing such creditors with the opportunity to make an offer to Lehman Brothers Nominees Limited (“LBNL”) to sell to LBNL one or more of their Claims.
The LACA III is similar in certain respects to both the LACA (see: http://www.pwc.co.uk/services/business-recovery/administrations/lehman/launch-of-lbie-admitted-claims-auction--4-april-2016.html) and the LACA II (see: http://www.pwc.co.uk/services/business-recovery/administrations/lehman/update-launch-of-the-second-lbie-admitted-claims-auction-15june2016.html). However, it differs from the previous proposals in a number of key respects, which may appeal to eligible creditors who did not or could not participate in either the LACA or the LACA II.
Detail regarding the LACA III is provided in the information available to eligible creditors on the LBIE Client Information Portal. Some of the key differences between the LACA III and both of the LACA and the LACA II are:
When specifying the price at which they are willing to sell each of their Claim(s), eligible creditors are expected to carefully consider and balance their desire to obtain the best value for their Claim(s) and their wish to ensure that their Claim(s) have the best chance of being sold. The Joint Administrators note that the LACA III is a new process and there can be no certainty that any or all Claims participating in the LACA III will be sold pursuant to the LACA III.
None of LBIE, the Joint Administrators or LBNL are able to assist an eligible creditor with setting a price at which they would be prepared to sell each of their Claim(s) and eligible creditors should read the information available on the LBIE Client Information Portal carefully, and seek any necessary independent professional advice, before setting the price at which they are prepared to sell their Claim(s). For ease of reference only, the Joint Administrators note that the results of the LACA and of the LACA II are available at:
Consistent with the LACA and the LACA II, pursuant to the LACA III, any Claims participating in the LACA III and sold pursuant to the auction will be sold to LBNL who will immediately on-sell the Claims to successful third party purchaser(s). This will enable such eligible creditors to achieve a complete exit from the LBIE administration in relation to such Claims (subject to the terms and conditions governing the LACA III). LBIE continues to work in conjunction with LBNL to ensure that the LACA III is structured appropriately.
The Joint Administrators consider that the LACA III is appropriate for LBIE for the following reasons:
The relevant documentation for participation in the LACA III is available for eligible creditors to view on the LBIE Client Information Portal. If the LACA III related information does not appear for a creditor on the LBIE Client Information Portal, such creditor is not considered to be eligible to participate in the LACA III. A sample copy of the Participation and Sale Agreement is available below for information only.
Participation in the LACA III is open to all eligible creditors and is entirely voluntary. In order to participate in the LACA III, the relevant eligible creditor must review all of the LACA III documentation available on the LBIE Client Information Portal and make an offer to LBNL regarding the sale of their Claim(s) by following the instructions as set out on the LBIE Client Information Portal.
The deadline for making an offer to LBNL is 5:00 p.m. (London time) on 14 November 2016 (or such later date as is notified to eligible creditors by LBNL by email and announced on PwC’s LBIE website). Eligible creditors who choose not to participate in the LACA III or whose Claims are not sold pursuant to the LACA III, and creditors whose Claims are not eligible to participate in the LACA III, will continue to hold such Claims and can choose to (i) await the final outcome of the issues being determined in the Proceedings, which it is expected will inform how the Surplus should be distributed in due course, or (ii) otherwise deal with such Claims as permitted by applicable law and any instrument by which their Claim has been admitted.
Eligible creditors should seek independent advice (including, without limitation, financial, legal and tax advice) when considering whether or not to participate in the LACA III.
None of: (i) LBIE, the Joint Administrators or their firm, or LBNL; (ii) the members, partners, directors, officers and employees of those persons identified in (i) (as applicable); and (iii) the agents, advisers or representatives of those persons identified in (i) and (ii), make any representation as to whether:
Participating creditors will agree and acknowledge that by participating in the LACA III and having the right to receive payment of the purchase price pursuant to the LACA III in return for the sale of their Claim, they will transfer to the purchaser any and all rights in respect of such Claim, including (without limitation) any rights to payment of statutory interest or amounts in respect of any currency conversion claims. Additionally, pursuant to the LACA III, they will provide a full release of all claims against LBIE, LBNL and other relevant parties in relation to any Claim sold pursuant to the LACA III or in relation to the LACA III.
All current (and previous) unsecured creditors of LBIE are hereby notified that:
The Joint Administrators will continue to monitor developments closely and may make further proposals in the future.
For the avoidance of doubt, nothing in this announcement constitutes an offer by LBIE, the Joint Administrators or LBNL to any creditor in relation to the LACA III.
Restructuring and Insolvency Partner, UK Head of Insolvency, PwC United Kingdom
Tel: +44 (0)7974 332659