Re: Hedgefonds ausgezaht, Italiener ausgezahlt, und wir..???
von Franco aus Rom » Sa 30. Apr 2016, 10:08
Dear German Friends!
Unfortunately I do not understand German language. It seems to me that you have not a further new. An Italian holder, not in TFA, without any judgement, after having received the letter of acceptance with the sign of Mr. Caputo, yesterday received a further letter I report here below. It seems this is the final letter to get money. Is a bit if not complicated to understand. It is not so easy to be filled by common people.
I send it to Willi1 in the original form, may be he is able to post it as an attached file.
All the best to every one, in particular to EMB and Willi1.
COMMUNICATION TO SETTLING HOLDERS
Re: Settlement Operational Details
Ladies and Gentlemen:
We refer to the Master Settlement Agreement and the Agreement
Schedule (together, the “Agreement”) between you and the Republic of Argentina
(the “Republic”) regarding the terms on which we have mutually agreed (subject to
the conditions described in the Agreement) to settle (the “Settlement”) all claims
arising under defaulted Republic of Argentina bonds owned (or beneficially owned)
by you (the “Bonds”). We have appointed The Bank of New York Mellon to act as
settlement trustee (the “Settlement Trustee”) in respect of the funds to pay the
amount of each Settlement (the “Settlement Amounts”) and to assist with the
operational details relating to the payment of the Settlement Amounts in connection
with the Settlement.
The purpose of this letter is to confirm certain operational details
regarding the closing of the Settlement with respect to your Bonds.
It is understood and agreed that:
1. The Settlement shall be effected by means of a “Delivery versus
Payment (DvP)” process (the “DvP Process”) through the system of the clearing
agency that holds the position in the relevant Bonds (i.e., The Depository Trust
Company (DTC), Euroclear or Clearstream) (the “Clearing Agency”) as set forth
2. You shall, as promptly as possible upon receipt of this letter and no
later than May 5, 2016, furnish a letter (the “Letter to the Custodian”) in substantially
the form of Attachment 1 hereto to the direct participant (the “Clearing Agency
Participant”) of the relevant Clearing Agency that holds the position in the Bonds, or
if you do not have an account directly with a Clearing Agency Participant, to your
broker or other custodian instructing the Settlement of the Bonds against the
corresponding Settlement Amounts through the DvP Process.
The DvP Process with respect to your Bonds will take place as soon
as practicable after your instructions pursuant to the Letter to the Custodian have
been delivered.
3. The DvP Process shall result in the delivery of (i) the Settlement
Amount relating to the applicable Bonds to the relevant account of the Clearing
Agency Participant and (ii) a corresponding amount of Bonds to the Settlement
Account maintained at the Settlement Trustee.
4. Immediately upon receipt by the Clearing Agency of the
Settlement Amount, all amounts (whether of principal, interest, overdue interest, fees
or any other amounts of whatever description) due or to become due under the Bonds
shall automatically be deemed fully paid and all liabilities of the Republic under the
applicable Bonds shall thereupon be fully discharged and released.
5. In the event that a DVP Process settlement trade does not settle for
any reason whatsoever, a representative of the Republic shall contact you and so
inform you, and you shall arrange with the Clearing Agency Participant to re-submit
corrected instructions for the corresponding trade.
6. Pursuant to your undertakings under the Agreement you have
agreed to deliver to the Republic fully executed instruments reasonably acceptable to
the Republic demising (with prejudice) any pending litigation or arbitral proceedings
relating to the Bonds, or in the case of court judgments or arbitral awards rendered in
respect of the Bonds, evidencing the satisfaction in full of the relevant judgment or
award. The Republic (or its representatives) will contact you for purposes of
effecting the aforementioned undertakings.
7. As soon as possible you will receive an electronic communication
from the email account AIPclosing@mecon.gob.ar giving you access to a website
where you will find additional instructions that you need to comply with for purposes
of the DvP Process.
8. This letter agreement shall be governed by and construed in
accordance with the law of the State of New York.
[Remainder of page left intentionally blank]
* * * *
Please address any correspondence regarding this letter to Osvaldo
Colazo +5411-4349- 6259, Julian Szymañski +5411-4349- 7228 and to the email:
AIPclosing@mecon.gob.ar.
If the foregoing correctly sets forth our understanding and agreement
in respect of the matters described above, please countersign a copy of this letter and
return it to us by email at AIPclosing@mecon.gob.ar.
The Settlement Trustee may be in direct contact with you regarding
these procedures.
Very truly yours,
/s/ Santiago Bausili
Santiago Bausili
Under-Secretary of Finance
cc: ___________________
Attachment 1
Attachment 2 (with attached Schedule)
[Letterhead of Beneficial Owner of Bonds]
Note: The Beneficial Owner of the Bonds is to provide a separate letter in the form of
the following with respect to each Clearing Agency Participant.
To: [Name of the relevant Clearing Agency Participant,
or if the Beneficial Owner does not have an account directly with a Clearing Agency
Participant, to the Beneficial Owner’s broker or other custodian]
Attention_______________ From: [Name of Beneficial Owner] Re: Delivery versus payment instruction Our Account No.: ____________ and Our Account Name: __________ _______ Arrangements are being made for the Clearing Agency Participant identified on the attached Schedule to receive, on or after the date hereof, the amount of [US$ amount / € amount] as the agreed-upon purchase price for the Republic of Argentina securities listed in the attached Schedule (the “Schedule”), all of which are held in our securities account with you referenced The receipt of such funds is in connection with a Delivery versus Payment (DvP) settlement process through the system of the Clearing Agency identified on the Schedule. The Schedule contains the information necessary to effect the DvP settlement. You are authorized and requested to effect the DvP settlement in accordance with the If the recipient of this letter is not itself a Clearing Agency Participant, we request that the recipient forward this letter promptly to the relevant Clearing Agency Participant so as to minimize any delay in effecting the DvP settlement process. Regards, [Name of Beneficial Owner] [contact person and email] Attachment – Schedule for the relevant Securities and trade Attachment to form of letter to Settling Claimants Note: Each separate trade will settle pursuant to a “Delivery versus Payment (DvP)” process for the Beneficial Owner through the applicable Clearing Agency. The Beneficial Owner shall furnish the following information to the relevant Clearing Agency Participant, or if the Beneficial Owner does not have an account directly with a Clearing Agency Participant, to the Beneficial Owner’s broker or other custodian for each separate Security and trade. A. Information pertaining to the settling claimant (Beneficial Owner). 1. Name of Beneficial Owner: __________________________ 2. Contact information for Beneficial Owner: Address: _______________________ _______________________ _______________________ Telephone No.: _________________________ Facsimile No.: _________________________ E-mail address: _________________________ B. Information pertaining to the security (Security) that is beneficially owned by the Beneficial Owner (for each separate trade). 1. Title (designation or name) of Security: _________________________ 2. Identifying number(s) of the Security: a. CUSIP No. (if any): _______________________ b. ISIN No. (if any): _________________________ c. Other identifying number(s) (if any): _________________________ 3. Currency in which the Security is designated to be payable (e.g., US Dollars, euros, etc.): ________________ 4. Principal (nominal or face) amount (including currency) of Security per each separate trade (e.g., US$10,000,000): _________________________ 5. Identity (name) of the applicable clearing system (Clearing Agency) through which the beneficial owner’s beneficial ownership interest in the Security is held (e.g., The Depository Trust Company (DTC), Euroclear, Clearstream): __________________________________________________ 6. Information pertaining to the direct participant (Clearing Agency Participant) in the Clearing Agency that holds the Beneficial Owner’s beneficial ownership interest in the Security: a. Identity (name) of Clearing Agency Participant: ________ b. Clearing Agency Participant’s identification number within the Clearing Agency (e.g., “DTC Participant No. XXX”): ______________________ 7. If Security is held in an account maintained by the Beneficial Owner directly with the Clearing Agency Participant, the number or other identification of such account: ____________________________ 8. If Security is not held in an account maintained by the Beneficial Owner directly with the Clearing Agency Participant, the identity (name) of the broker or other custodian that holds the Beneficial Owner’s beneficial ownership interest in the Security and the account number and name of the Beneficial Owner’s account: a. Identity (name) of Beneficial Owner’s broker or other custodian (if other than the Clearing Agency Participant): ____________________ (if other than the Clearing Agency Participant) in which the beneficial ownership interest in the Security is held: b. Beneficial Owner’s account number and name at broker or other custodian i. Account number: _________________________ ii. Account name: ___________________________ C. Information pertaining to the Settlement Amount (funds) to be paid to Beneficial Owner and delivered to Clearing Agency Participant through the DvP process of the Clearing Agency in settlement of Beneficial Owner’s claim. Amount (US Dollars or Euros only): _________________________ [Continues on following page] D. Information pertaining to the account at the BNY Mellon entity at which the Securities are to be delivered in settlement of the DvP process. 1. Name of receiving bank and receiving bank’s Clearing Agency Participant The Bank of New York Mellon, DTC Participant No. The Bank of New York Mellon DTC Participant # 901 F/F/C to Account 886486 ROA Settlement Account ______________. b. For settlement through Euroclear -- Euroclear Participant No. The Bank of New York Mellon Account number 97816 F/F/C to Account 886486 ROA Settlement Account ______________. c. For settlement through Clearstream -- The Bank of New York Mellon Account number 55021 F/F/C to Account 886486 ROA Settlement Account E. Trade information. 1. Trade Date: April 22, 2016 2. Settlement Date: April 27, 2016 If there are any questions, please contact: Osvaldo Colazo +5411-4349- 6259, Julian Szymañski +5411-4349- 7228 and to the email: AIPclosing@mecon.gob.ar.[email ________________]
Attention_______________
From: [Name of Beneficial Owner]
Re: Delivery versus payment instruction
Our Account No.: ____________ and
Our Account Name: __________ _______
Unfortunately I do not understand German language. It seems to me that you have not a further new. An Italian holder, not in TFA, without any judgement, after having received the letter of acceptance with the sign of Mr. Caputo, yesterday received a further letter I report here below. It seems this is the final letter to get money. Is a bit if not complicated to understand. It is not so easy to be filled by common people.
I send it to Willi1 in the original form, may be he is able to post it as an attached file.
All the best to every one, in particular to EMB and Willi1.
COMMUNICATION TO SETTLING HOLDERS
Re: Settlement Operational Details
Ladies and Gentlemen:
We refer to the Master Settlement Agreement and the Agreement
Schedule (together, the “Agreement”) between you and the Republic of Argentina
(the “Republic”) regarding the terms on which we have mutually agreed (subject to
the conditions described in the Agreement) to settle (the “Settlement”) all claims
arising under defaulted Republic of Argentina bonds owned (or beneficially owned)
by you (the “Bonds”). We have appointed The Bank of New York Mellon to act as
settlement trustee (the “Settlement Trustee”) in respect of the funds to pay the
amount of each Settlement (the “Settlement Amounts”) and to assist with the
operational details relating to the payment of the Settlement Amounts in connection
with the Settlement.
The purpose of this letter is to confirm certain operational details
regarding the closing of the Settlement with respect to your Bonds.
It is understood and agreed that:
1. The Settlement shall be effected by means of a “Delivery versus
Payment (DvP)” process (the “DvP Process”) through the system of the clearing
agency that holds the position in the relevant Bonds (i.e., The Depository Trust
Company (DTC), Euroclear or Clearstream) (the “Clearing Agency”) as set forth
2. You shall, as promptly as possible upon receipt of this letter and no
later than May 5, 2016, furnish a letter (the “Letter to the Custodian”) in substantially
the form of Attachment 1 hereto to the direct participant (the “Clearing Agency
Participant”) of the relevant Clearing Agency that holds the position in the Bonds, or
if you do not have an account directly with a Clearing Agency Participant, to your
broker or other custodian instructing the Settlement of the Bonds against the
corresponding Settlement Amounts through the DvP Process.
The DvP Process with respect to your Bonds will take place as soon
as practicable after your instructions pursuant to the Letter to the Custodian have
been delivered.
3. The DvP Process shall result in the delivery of (i) the Settlement
Amount relating to the applicable Bonds to the relevant account of the Clearing
Agency Participant and (ii) a corresponding amount of Bonds to the Settlement
Account maintained at the Settlement Trustee.
4. Immediately upon receipt by the Clearing Agency of the
Settlement Amount, all amounts (whether of principal, interest, overdue interest, fees
or any other amounts of whatever description) due or to become due under the Bonds
shall automatically be deemed fully paid and all liabilities of the Republic under the
applicable Bonds shall thereupon be fully discharged and released.
5. In the event that a DVP Process settlement trade does not settle for
any reason whatsoever, a representative of the Republic shall contact you and so
inform you, and you shall arrange with the Clearing Agency Participant to re-submit
corrected instructions for the corresponding trade.
6. Pursuant to your undertakings under the Agreement you have
agreed to deliver to the Republic fully executed instruments reasonably acceptable to
the Republic demising (with prejudice) any pending litigation or arbitral proceedings
relating to the Bonds, or in the case of court judgments or arbitral awards rendered in
respect of the Bonds, evidencing the satisfaction in full of the relevant judgment or
award. The Republic (or its representatives) will contact you for purposes of
effecting the aforementioned undertakings.
7. As soon as possible you will receive an electronic communication
from the email account AIPclosing@mecon.gob.ar giving you access to a website
where you will find additional instructions that you need to comply with for purposes
of the DvP Process.
8. This letter agreement shall be governed by and construed in
accordance with the law of the State of New York.
[Remainder of page left intentionally blank]
* * * *
Please address any correspondence regarding this letter to Osvaldo
Colazo +5411-4349- 6259, Julian Szymañski +5411-4349- 7228 and to the email:
AIPclosing@mecon.gob.ar.
If the foregoing correctly sets forth our understanding and agreement
in respect of the matters described above, please countersign a copy of this letter and
return it to us by email at AIPclosing@mecon.gob.ar.
The Settlement Trustee may be in direct contact with you regarding
these procedures.
Very truly yours,
/s/ Santiago Bausili
Santiago Bausili
Under-Secretary of Finance
cc: ___________________
Attachment 1
Attachment 2 (with attached Schedule)
[Letterhead of Beneficial Owner of Bonds]
Note: The Beneficial Owner of the Bonds is to provide a separate letter in the form of
the following with respect to each Clearing Agency Participant.
To: [Name of the relevant Clearing Agency Participant,
or if the Beneficial Owner does not have an account directly with a Clearing Agency
Participant, to the Beneficial Owner’s broker or other custodian]
Attention_______________ From: [Name of Beneficial Owner] Re: Delivery versus payment instruction Our Account No.: ____________ and Our Account Name: __________ _______ Arrangements are being made for the Clearing Agency Participant identified on the attached Schedule to receive, on or after the date hereof, the amount of [US$ amount / € amount] as the agreed-upon purchase price for the Republic of Argentina securities listed in the attached Schedule (the “Schedule”), all of which are held in our securities account with you referenced The receipt of such funds is in connection with a Delivery versus Payment (DvP) settlement process through the system of the Clearing Agency identified on the Schedule. The Schedule contains the information necessary to effect the DvP settlement. You are authorized and requested to effect the DvP settlement in accordance with the If the recipient of this letter is not itself a Clearing Agency Participant, we request that the recipient forward this letter promptly to the relevant Clearing Agency Participant so as to minimize any delay in effecting the DvP settlement process. Regards, [Name of Beneficial Owner] [contact person and email] Attachment – Schedule for the relevant Securities and trade Attachment to form of letter to Settling Claimants Note: Each separate trade will settle pursuant to a “Delivery versus Payment (DvP)” process for the Beneficial Owner through the applicable Clearing Agency. The Beneficial Owner shall furnish the following information to the relevant Clearing Agency Participant, or if the Beneficial Owner does not have an account directly with a Clearing Agency Participant, to the Beneficial Owner’s broker or other custodian for each separate Security and trade. A. Information pertaining to the settling claimant (Beneficial Owner). 1. Name of Beneficial Owner: __________________________ 2. Contact information for Beneficial Owner: Address: _______________________ _______________________ _______________________ Telephone No.: _________________________ Facsimile No.: _________________________ E-mail address: _________________________ B. Information pertaining to the security (Security) that is beneficially owned by the Beneficial Owner (for each separate trade). 1. Title (designation or name) of Security: _________________________ 2. Identifying number(s) of the Security: a. CUSIP No. (if any): _______________________ b. ISIN No. (if any): _________________________ c. Other identifying number(s) (if any): _________________________ 3. Currency in which the Security is designated to be payable (e.g., US Dollars, euros, etc.): ________________ 4. Principal (nominal or face) amount (including currency) of Security per each separate trade (e.g., US$10,000,000): _________________________ 5. Identity (name) of the applicable clearing system (Clearing Agency) through which the beneficial owner’s beneficial ownership interest in the Security is held (e.g., The Depository Trust Company (DTC), Euroclear, Clearstream): __________________________________________________ 6. Information pertaining to the direct participant (Clearing Agency Participant) in the Clearing Agency that holds the Beneficial Owner’s beneficial ownership interest in the Security: a. Identity (name) of Clearing Agency Participant: ________ b. Clearing Agency Participant’s identification number within the Clearing Agency (e.g., “DTC Participant No. XXX”): ______________________ 7. If Security is held in an account maintained by the Beneficial Owner directly with the Clearing Agency Participant, the number or other identification of such account: ____________________________ 8. If Security is not held in an account maintained by the Beneficial Owner directly with the Clearing Agency Participant, the identity (name) of the broker or other custodian that holds the Beneficial Owner’s beneficial ownership interest in the Security and the account number and name of the Beneficial Owner’s account: a. Identity (name) of Beneficial Owner’s broker or other custodian (if other than the Clearing Agency Participant): ____________________ (if other than the Clearing Agency Participant) in which the beneficial ownership interest in the Security is held: b. Beneficial Owner’s account number and name at broker or other custodian i. Account number: _________________________ ii. Account name: ___________________________ C. Information pertaining to the Settlement Amount (funds) to be paid to Beneficial Owner and delivered to Clearing Agency Participant through the DvP process of the Clearing Agency in settlement of Beneficial Owner’s claim. Amount (US Dollars or Euros only): _________________________ [Continues on following page] D. Information pertaining to the account at the BNY Mellon entity at which the Securities are to be delivered in settlement of the DvP process. 1. Name of receiving bank and receiving bank’s Clearing Agency Participant The Bank of New York Mellon, DTC Participant No. The Bank of New York Mellon DTC Participant # 901 F/F/C to Account 886486 ROA Settlement Account ______________. b. For settlement through Euroclear -- Euroclear Participant No. The Bank of New York Mellon Account number 97816 F/F/C to Account 886486 ROA Settlement Account ______________. c. For settlement through Clearstream -- The Bank of New York Mellon Account number 55021 F/F/C to Account 886486 ROA Settlement Account E. Trade information. 1. Trade Date: April 22, 2016 2. Settlement Date: April 27, 2016 If there are any questions, please contact: Osvaldo Colazo +5411-4349- 6259, Julian Szymañski +5411-4349- 7228 and to the email: AIPclosing@mecon.gob.ar.[email ________________]
Attention_______________
From: [Name of Beneficial Owner]
Re: Delivery versus payment instruction
Our Account No.: ____________ and
Our Account Name: __________ _______
Mit freundlichen Grüssen,
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