Deutsche Bank Trust Company Americas v. Elliot International, L.P. et al

Filing 91

AMENDED DECISION INTERPLEADER ORDER: that this Court still has jurisdiction over the subject matter of this action; and it is further ORDERED, that Credit Suisse Securities (USA) LLC shall continue as a Defendant by virtue of its appearance in this a ction as a beneficial owner of certain Class C Notes, by which ownership it would be one of the Does 1-100 previously named as Defendants; and it is further ORDERED, that the Interpleader Escrow is deemed dissolved, because the Trustee has within fiv e business days following the entry of the Post-Decision Interpleader Order, and as directed by that Order, paid the funds in the Interpleader Escrow, net of attorneys' fees and expenses of the Trustee in connection with this action at that time , in the manner that is set forth in this Order. ORDERED, the Trustee shall pay from amounts ($1,844,107.81 as of October 4, 2011, with more currently expected to be received in the future) on deposit in the Collection Account as defined in Sec tion 1.1 of the Indenture, net of attorneys' fees and expenses of the Trustee that have been or will be incurred in connection with this action (to the extent not already fully paid), the following attorneys' fees and expenses of the Class A Noteholders (which shall constitute full and complete satisfaction of any claim for attorneys' fees by any Noteholder or holder of Preferred Shares in this action), in the following priority as agreed by the Class A Noteholders and the Class C Noteholder appearing in this action (and not objected to by the Class B Noteholder appearing in this action). ORDERED, that, if no further person or entity appears, intervenes, joins, or pleads as prescribed in Paragraph 8 by the date of the filing set therein, that, upon submission by the Trustee of an affidavit to such effect, the Clerk enter judgment forthwith on this Order. Additional relief as set forth in this Order. (Signed by Judge William H. Pauley, III on 10/12/2011) (pl)