Gesamtzahl der Seitenaufrufe

2,269,380

Donnerstag, 2. April 2015

Ecuador 10,5 percent 24-03-2020 XS1199929826....nichts für "Bondboard"-Kinder // aber fiktive Quellensteuer 20% (DBA D-ECU)

Ecuador 10,5 percent 24-03-2020  XS1199929826


The Notes are and will be issued in registered form and, in limited circumstances, definitive form in minimum denominations of U.S.$200,000 and integral multiples of U.S.$1,000 in excess thereof.

Cleary kommt wohl erst bei der Restrukturierung mit an Bord

ISSUER The Republic of Ecuador Ministry of Finance Ave. 10 de Agosto 1661 y Jorge Washington Quito, Ecuador LEAD MANAGER Citigroup Global Markets Limited Citigroup Centre 33 Canada Square Canary Wharf London E14 5LB United Kingdom LEGAL ADVISORS TO THE REPUBLIC OF ECUADOR As to United States and English Law Hogan Lovells US LLP 875 Third Ave. New York, New York 10022 United States As to Ecuadorian Law Coordinación General Jurídica Ministerio de Finanzas Av. 10 de Agosto 1661 y J. Washington Quito, Ecuador LEGAL ADVISORS TO THE LEAD MANAGER As to United States and English Law Clifford Chance US LLP 31 W. 52nd St. New York, New York 10019 United States As to Ecuadorian Law Pérez Bustamante & Ponce Av. República del Salvador No.1082 Quito, Ecuador TRUSTEE AND REGISTRAR The Bank of New York Mellon 101 Barclay Street, Floor 7E New York, New York 10286 United States Attention: Corporate Trust – Global Americas LONDON PAYING AGENT The Bank of New York Mellon, London Branch One Canada Square, 40th Floor London E14 5AL United Kingdom LUXEMBOURG TRANSFER, LISTING, AND PAYING AGENT The Bank of New York Mellon (Luxembourg) S.A. Vertigo Building – Polaris 2-4 rue Eugène Ruppert L-2453


Governing Law: 

The Notes will be governed by the laws of the State of New York, except for the terms concerning submissions to arbitration which will be governed by English law.

Submission to Arbitration: Any dispute, controversy or claim of any nature arising out of, relating to or having any connection with the Indenture, including any dispute as to the existence, validity, interpretation, performance, breach, termination or consequences of the nullity of the Indenture (a "Dispute") where the Republic is either a party, claimant, respondent or otherwise is necessary thereto, will not be referred to a court of any jurisdiction and will instead be referred to and finally resolved by arbitration under the Rules of the LCIA ("LCIA Rules") as at present in force as modified by the Indenture which LCIA Rules are deemed to be incorporated by reference. In particular: (a) There will be three arbitrators. (i) Each arbitrator will be an English or New York qualified lawyer of at least 15 years’ standing with experience in relation to 23 international banking or capital markets disputes. At least one of those arbitrators will be a lawyer qualified in New York. (ii) If there are two parties to the Dispute, each party will be entitled to nominate one arbitrator. If there are multiple claimants and/or multiple respondents, all claimants and/or all respondents will attempt to agree upon their respective nomination(s) such that the claimants will together be entitled to nominate one arbitrator and the respondents will together be entitled to nominate one arbitrator. If any such party or multiple parties fail to nominate an arbitrator within thirty (30) days from and including the date of receipt of the relevant request for arbitration, an arbitrator will be appointed on their behalf by the LCIA Court in accordance with the LCIA Rules and applying the criteria at clause (ii) above. In such circumstances, any existing nomination or confirmation of the arbitrator chosen by the party or parties on the other side of the proposed arbitration will be unaffected, and the remaining arbitrator(s) will be appointed in accordance with the LCIA Rules.

Specifically, payments of principal or interest on the Notes may be attached, enjoined or otherwise challenged by holders of other debt instruments of Ecuador, including outstanding holders of the 2012 and 2030 Bonds. Some creditors have, in recent years, used litigation tactics against several sovereign debtors that have defaulted on their sovereign bonds including Peru, Nicaragua and Argentina, to attach or interrupt payments made by these sovereign debtors to, among others, holders of the relevant defaulted bonds who agreed to a debt restructuring and accepted new securities in an exchange offer. Ecuador may also become subject to suits to collect on defaulted indebtedness. Ecuador cannot guarantee that a creditor will not be able to interfere, through an attachment of assets, injunction, temporary restraining order or otherwise, with payments made under the Notes. As of the date of this Offering Circular, the Republic is aware of claims that have been made by two holders of the 2030 Bonds. For more information see "Public Debt – Debt Obligations – 2012 and 2030 Bonds and tender offer."

Claims under the 2030 Bonds 

On December 12, 2014, GMO Trust issued proceedings against the Republic in respect of an alleged U.S.$15,876,000 holding of 2030 Bonds. GMO voluntarily withdrew its complaint pursuant to a settlement agreement between the parties. A stipulation dismissing the complaint was filed on March 16, 2015; under that stipulation, the case cannot be re-filed.

wie ihr seht....man kann Sovereigns erfolgreich verklagen.....hier hat man sich geeinigt....mit Sicherheit auch um die BondEmission zu erleichtern...

On January 30, 2015, Daniel Penades issued proceedings against the Republic in respect of an alleged U.S.$455,000 holding of 2030 Bonds. Daniel Penades has not yet served the Republic with his summons and complaint, and therefore the Republic as yet has no obligation to make any response to the suit.

Ich habe es schon immer geblogt.....Teile des Emissionserlöses können gepfändet werden....

Part of the offering proceeds could be attached by creditors to satisfy outstanding arbitral awards and judgments (if applicable) against Ecuador. Creditors holding outstanding arbitral awards or court judgments present a risk of disruption to the offering. This could involve any type of creditor, including trade, supply, investor and finance creditors who obtain arbitral awards and possibly seek to enforce these awards or judgments. The risk with respect to the offering includes that the Lead Manager in the offering could be said to have an obligation to pay the offering proceeds to Ecuador, and that Ecuador’s creditors may attempt to enforce their rights against Ecuador’s interest in any such obligation. Further, Ecuador’s creditors could attempt to attach the proceeds of the offering or the payment of principal and/or interest on the Notes. Payments to holders of the Notes could be attached by creditors, including holders of other debt instruments of Ecuador, to satisfy awards against Ecuador. As a result, Ecuador may not be able to make payments to holders of the Notes.



2 Kommentare:

  1. Die von dir respektlos als "bondboardkinder" titulierten alois und wally und andere sind allerdings im Gegensatz zu dir allesamt erfolgreiche Anleger und müssen nicht wie du Bankrotteur laufend den Offenbarungseid leisten.

    AntwortenLöschen
  2. du meinst wohl despektierlich....

    zu erfolgreichen Spekulationen.....einfach mal obersten Blogeintrag angucken....Greece

    AntwortenLöschen