Gesamtzahl der Seitenaufrufe

Mittwoch, 28. November 2012

Mitteilung der BoNY Mellon an die Bondholder der Umtauschbonds....verbreitet über die schläfrige dwp Bank ( mit fast 14täglicher Verspätung)


BNY MELLON
CORPORATE TRUST
Noticc to Holders of
The Republic of Argentina Debt Securities
Issued in 2005 anil 2010

CUS IP Nos.: 040114GL8, 040114GM6, 040114GK0


1S1IN Nos.; XS0501195480, XSOSOl 194756, XS0501195050, XS0501195134, XS0501195308,
XS0501197262. XS0209139244, XS050119S647, XS0501195720, XS0501195993,
XS0501196025, XS025545840, XS0205S37581
Nyte. This notice contains important Information that Is of Interest to the registered and beneficial owners of the
subject Notes Each registered holder of the Notes shouldforward a copy o f this Notice Immediately to any
beneficial owners(s) of the Notes for whom the holder acts as nominee or in any other capacity
The Bank of New York Mellon (die “Trustee” ) is indenture trustee under the Indenture
(the "indenture” ), dated as of June 2, 2005 and supplemented as of April 30, 2010, between
The Republic of Argentina (the “ Republic” ) and The Bank of New York (n/k/a The Bank of
New York Mellon), pursuant to which the Republic issued certain Debt Securities (the
“Exchange Bonds”). Except as otherwise expressly provided, all terms used in this Notice which
arc defined in the Indenture have the meanings assigned to them in the Indenture,
The Bonds were issued in exchange for certain securities previously issued by the
Republic. At the time the Exchange Bonds were issued, the Republic anticipated that: holders of
securities not exchanged for Exchange Bonds would pursue litigation against the Republic. See
Prospectus Supplement (to Prospectus dated December 27, 2004) at S-30, 31 (holders of
securities not exchanged for Exchange Bonds "may attempt to challenge the progress or
consummation [of] the Offer by seeking an injunction or pursuing other legal remedies” and
payments to holders of the Exchange Bonds “may be attached, enjoined or otherwise challenged
by holders that declined to participate in the Offer or by other creditors of Argentina” ).' Holders
of the non-exchanged securities subsequently brought actions against the Republic in the United
States and elsewhere. The Trustee has not been a party to any of these actions.
As more fully set forth in the subject pleadings, the Republic is a party to certain actions
Filed in the United States District Court for the Southern District of New York in which holders
of non-exchanged securities have sought to enjoin the Republic and others from making any
BNY MELLON
CORPORATE TRUST
Noticc to Holders of
The Republic of Argentina Debt Securities
Issued in 2005 anil 2010
CUS IP Nos.: 040114GL8, 040114GM6, 040114GK0
A complete copy of this document appenrs at:
liLtp://www.see.gov/Archives/ed jjar/dato/91 <1021 l2303000302="l2303000302" p="p" y04567e424b5.htm.="y04567e424b5.htm.">

payments of principal or interest on the Exchange Bonds unless the Republic makes certain
ratable payments to holders of the non-exchanged securities,2 On October 26, 2012, the United
States Court of Appeals for the Second Circuit issued an opinion affirming in part and remanding
in part the issuance of such an injunction. See NML Capital, Ltd. v. Republic of Argentina, 2012
WL 5275014 (2d Cir. Oct. 26, 2012), As more fully set forth in its opinion, the Court of Appeals
remanded the decision of the District Court for clarification with regard to, inter alia, the extent
to which the injunction may apply to non-parties, such as the Trustee. As set forth in the opinion
of the Court of Appeals, after the District Court clarifies these points, the cases will return to the
Court of Appeals for further consideration.
On November 9, 2012, the District Court held a conference at which it set a briefing
schedule to address the issues identified by the Court of Appeals. The plaintiff non-exchange
holders submitted briefs on November 13, 2012, The Republic and any non-parties who wish to
be heard are to submit briefs by November 16, 2012; the Trustee intends to submit a brief on this
date. The non-exchange holders may file a reply brief by November 19, 2012.
In addition, at this conference the District Court continued to stay the effect of its original
order until, at a minimum, the Court issues a decision that addresses the issues identified by the
Court of Appeals, The Court indicated that its forthcoming decision will also resolve whether
the stay remains effective pending the Second Circuit’s review of the decision,
The next three debt service payments on the Exchange Bonds are due on December 2,
December 15, and December 31, 2012. It is unknown how the Court will resolve the remand
issues and the duration of the stay, or how the Republic will respond to the Court’s forthcoming
decision. The Trustee therefore docs not know what impact—if any—the Court’s order and
Argentina’s response will have on these scheduled payments, in all events, the Trustee will seek
to comply with any Court order by which it is bound, as well as its duties and obligations under
the Indenture.
Questions concerning this Notice may be directed to the Trustee by e-mail at
dagus@bnymellon.com,
Holders should not rely on the Trustee as their sole source of information. The Trustee
makes no recommendations and gives no investment or legal advice as to the above matters.
Holders should consult their own professionals with regard to the Exchange Bonds and the
litigation referenced herein. The Trustee reserves all rights, remedies, and immunities under the
Indenture, at law, or in equity.
Dated: November 14,2012 The Bank of New York Mellon,
as Indenture Trustee


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