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Post by Admin on May 31, 2013 7:53:44 GMT -5
A member produced another great document and had this to say: If BOD ends up screwing the shareholders, there is a very good case for securities fraud. I will prepare a document proving this, which we can use during the POR negotiation period until July 31.
Meanwhile, please find a complete list of New Loan and Roll Up Loan lenders. Kodak never openly published this. It is hidden in the March 22 filing. Please find the list as a PDF document. SBG can post this list in the website and/or Board.
The lenders in this list had material insider information from Kodak, Many of them traded secured bonds, unsecured bonds, and unsecured claims using material insider information.Here is the link where this list comes from www.wikinvest.com/stock/Eastman_Kodak_Company_%28EK%29/Filing/10-Q/2013/Ex-4.5/D17301200SBG Attachments:Kodak Lender List.pdf (67.96 KB)
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Post by gsxr1100 on May 31, 2013 8:14:36 GMT -5
Another GREAT FIND !! Thank You for all your DD....
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Post by dmdmd1 on Jun 1, 2013 8:12:55 GMT -5
Great Work! These lenders (the ones not listed on the previous list compiled by BK25's spread sheet "Trading of Kodak Debt") may have submitted a Rule 2019 disclosure document with the court. The Rule 2019 basically discloses the positions that entities have regarding Kodak's bonds and equity. www.law.cornell.edu/rules/frbp/rule_2019"(1) In a chapter 9 or 11 case, a verified statement setting forth the information specified in subdivision (c) of this rule shall be filed by every group or committee that consists of or represents, and every entity that represents, multiple creditors or equity security holders that are (A) acting in concert to advance their common interests, and (B) not composed entirely of affiliates or insiders of one another." Is there any corresponding documents submitted by the lenders that corresponds to their positions (Rule 2019 disclosure)?
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Post by logik360 on Jun 1, 2013 8:17:17 GMT -5
DMD, I have found that simply searching google using the 'filetype:pdf' command works very well for finding these documents. Here's one pertaining to rule 2019 discloure: Doc #153 www.kccllc.net/documents/1210202/1210202120130000000000058.pdfIn addition to 2018 and 2019 notes, those holding common stock: Alden Global Capital (6,000,000 shares) Archview L.P. (500,000 shares) The D. E. Shaw Group (967,693 shares)
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Post by dmdmd1 on Jun 1, 2013 8:40:33 GMT -5
Thanks Logik....I'll start looking into Docket #544. I also did a search on "Rule 2019" and these are the dockets: Docket#~~Date Filed 1) 3689~~5/10/13 (displayed on "Trading of Kodak Debt") 2) 3690~~5/10/13 3) 3654~~5/1/13 4) 3646~~4/30/13 5) 3371~~3/14/13 (displayed on "Trading of Kodak Debt") 6) 2405~~11/16/13 7) 2389~~11/15/13 (displayed on "Trading of Kodak Debt") 8) 1715~~7/20/13 (displayed on "Trading of Kodak Debt") 9) 1707~~7/19/12 10) 1696~~7/18/12 11) 1602~~7/6/12 12) 1402~~6/18/12 13) 1403~~6/18/12 14) 1390~~6/14/13 (displayed on "Trading of Kodak Debt") 15) 1369~~6/12/12 16) 0976~~4/24/12 17) 0864~~4/13/12 18) 0769~~4/2/12 19) 0701~~3/21/12 20) 0544~~3/9/12 21) 0458~~3/1/12 22) 0189~~2/2/12 23) 0153~~1/30/12 (displayed on "Trading of Kodak Debt") There are 23 listed dockets above and I'll start looking at the 17 dockets that are not displayed on the "Trading of Kodak Debt" spread sheet.
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Post by logik360 on Jun 1, 2013 8:46:26 GMT -5
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Post by dmdmd1 on Jun 1, 2013 17:06:31 GMT -5
Here is a list of findings I found on the dockets I listed earlier:
Docket#~~Date Filed
3689~~5/10/13 (displayed on "Trading of Kodak Debt")
3690~~5/10/13Affidavit of Service for Docket #3689
3654~~5/1/13 Affidavit of Service of Dockets #3642 & 3646
3646~~4/30/13 KERIP/KURIP from $400K to $2.5M
3371~~3/14/13 (displayed on "Trading of Kodak Debt")
2405~~11/16/13 Affidavit of Service for Docket #2389
2389~~11/15/13 (displayed on "Trading of Kodak Debt")
1715~~7/20/13 (displayed on "Trading of Kodak Debt")
1707~~7/19/12 Certificate of Service for Docket #1696
1696~~7/18/12 filed by Akin Gump 2nd Lien holdings Archview= $12 M of 2018 Notes, $16.025M of 2019 Notes, ZERO shares of common stock Aristeia Horzons= $6.5M of 2018 Notes, $5.5M of 2019 Notes Avenue Capital Group= $2M of 2018 Notes, $2M "DIP Credit Agreement" as of 1/20/2012) Barclays Capital= DID NOT REPORT POSITIONS Blackstone Group, GSO Capital Partners= $50.5M of 2018 Notes, $16.5M of 2019 Notes, $4.8M of "DIP Credit Agreement" Bennett Management Corp.= $41.75M of 2018 Notes, $3M of Unsec. 2013 Notes Brencourt Advisors= $1.5M of 2018 Notes, $5M of 2019 Notes (NEW DISCLOSURE) Brevan Howard Invest. Products= DID NOT REPORT POSITIONS, thus cannot determine if they sold their common shares Capital Venutres Intl.= $27.5M of 2018 Notes, $3M of 2019 Notes, $5M of 2013 Notes, $19M of Unsec. 2017 Notes Carlson Capital= DID NOT REPORT POSITIONS Chatham Capital= $4M of 2019 Notes Chicago Fundamental Investment Partners= $32.5M of 2018 Notes, $7.5M of "DIP Credit Facility" (NEW DISCLOSURE) Contrarian Capital Mgmt.= $3M of 2018 Notes, $30M of 2019 Notes (NEW DISCLOSURE) Credit Suisse= $2M of 2019 Notes Deustsche Bank= $5M of 2018 Notes, $3M of 2019 Notes,ZERO 2013 NOTES, $1.132M of 2017 Notes, ZERO of "DIP Credit Agreement" Golden Tree Asset Mgmt.= $13.5 M of 2018 Notes, $5M of 2019 Notes (NEW DISCLOSURE) Guggenheim Securities= $2M of 2018 Notes, ZERO of 2019 Notes Hudson Bay Capital Mgmt.= $10M of 2018 Notes, $3M of 2013 Notes, $6.476715M of "DIP Credit Facility" (NEW DISCLOSURE) JP Morgan Secur. LLC= $22.79M of 2018 Notes, $13.8M of 2019 Notes, $16.23M of 2017 Notes, ZERO shares of common stock, $202k OF GEN. UNSECURED CLAIMS (NEW DISCLOSURE), $82k ADMIN. CLAIMS (NEW DISCLOSURE) JP Morgan Invest. Mgmt.= $22M of 2018 Notes, ZERO of "DIP Credit Agreement" KS Mgmt. Corp= DID NOT REPORT POSITIONS Lietspeed Partners= $4M of 2018 Notes, $41M of 2019 Notes, ZERO of 2017 Notes Matlin Patterson Asset Mgmt.= $2M of 2018 Notes, $5M of 2019 Notes, $2M of 2017 Notes, $8.674 of "DIP Credit Facility" (NEW DISCLOSURE) Merrill Lynch, Pierce, Fenner & Smith Inc.= $5.49M of 2018 Notes, ZERP of 2019 Notes, $1.78M of 2013 Notes, ZERO of "DIP Credit Agreement", $1M 2017 Notes Morgan Stanley= DID NOT REPORT POSITIONS Och-Ziff Capital Mgmt. Grp.= $3M of 2018 Notes (NEW DISCLOSURE) Perry Capital Mgmt.= $1M of 2018 Notes (NEW DISCLOSURE) RBS Global= $16M of 2018 Notes, $7M of 2019 Notes, ZERO of 2013 Notes, $13M of 2017 Notes Mariner Tricadia Cred. Strat. Master Fund= $7.76 M of 2019 Notes, $6M of 2017 Notes Mariner LDC= $2.215 of 2019 Notes, $2M of 2017 Notes Serengeti Asset Mgmt.= $8M of 2018 Notes Silver Point Capital= $3M of 2018 Notes, $8.5M of 2019 Notes, $953K of "DIP Credit Facility", $15M of 2017 Notes (NEW DISCLOSURE) Stone Lion Portfolio= $5.53M of 2018 Notes, $8.28M of 2019 Notes, $2,624,788.85 of "DIP Credit Facility" (NEW DISCLOSURE) (Permal) Stone Lion Fund= $447K of 2018 Notes, $400K of 2019 Notes, $235,496.85 of "DIP Credit Facility" (NEW DISCLOSURE) The D.E. Shaw Group= $56M of 2018 Notes, $6M of 2019 Notes, $7M of "DIP", ZERO shares of common stock UBS Sec. LLC= ZERO of 2018 Notes, $15.5m OF 2019 Notes
1602~~7/6/12 Representation of Halperin Battaglia
1403~~6/18/12 Affidavit of Service for Dockets #1389 & 1390
1402~~6/18/12 Affidavit of Service for Dockets #1389 & 1390
1390~~6/14/13 (displayed on "Trading of Kodak Debt")
1369~~6/12/12 Retiree positions held as of retirement
0976~~4/24/12 Affidavit of service for Docket #864
0864~~4/13/12 filed by Keefe Bartels specifically by Stephen Grygiel Shareholders (Eric Wagoner= 61,500 shares, Christ DePierro= 35,000 shares, Andrew Gregor[Putnam Cap. Serv.]= 22,000 shares, Roman Stockhammer= 2,500 shares, Frank E. Williams, Jr.= 91,000 shares, William Stern[Wapiti Part.]= 30,000 shares, Lance Laifer[Wapiti Part.]= over 1M shares, George Karfunkel= 12M shares)
0769~~4/2/12 filed by Akin Gump 2nd Lien holdings as of 02Mar2012 Archview= $7 M of 2018 Notes, $18.025M of 2019 Notes, 500K shares of common stock Aristeia Horzons= $3M of 2019 Notes Avenue Capital Group= $25M of 2018 Notes, $2M "DIP Credit Agreement" as of 1/20/2012) Barclays Capital= $5.5M of 2019 Notes Blackstone Group, GSO Capital Partners= $2.5M of 2018 Notes, $10M of "DIP Credit Agreement" Bennett Management Corp.= $41.75M of 2018 Notes, $3M of Unsec. 2013 Notes Brevan Howard Invest. Products= $3.5M of 2019 Notes, $19M of 2013 Notes, 200K shares of common stock Capital Venutres Intl.= $18.5M of 2018 Notes, $2M of 2019 Notes, $7M of 2013 Notes, $27.267M of Unsec. 2017 Notes Carlson Capital= $5M of 2018 Notes Chatham Capital= $4M of 2019 Notes Credit Suisse= $2M of 2018 Notes Deustsche Bank= $13.1M of 2018 Notes, $1.9M of 2019 Notes, $1.8M of 2013 Notes (Short), $3.1M of 2017 Notes, $5M of "DIP Credit Agreement" Guggenheim Securities= $2.5M of 2018 Notes, $2.5M of 2019 Notes JP Morgan Secur. LLC= $36.295M of 2018 Notes, $7.8M of 2019 Notes, $9.684M of 2017 Notes, 20,031 shares of common stock (short) JP Morgan Invest. Mgmt.= $27.428M of 2018 Notes, $23.85M of "DIP Credit Agreement" KS Mgmt. Corp= $2.5M of 2018 Notes Lietspeed Partners= $27M of 2019 Notes, $21.923M of 2017 Notes Merrill Lynch, Pierce, Fenner & Smith Inc.= $1.257M of 2018 Notes, $7.5M of 2019 Notes, $1.829M of 2013 Notes, $1M of "DIP Credit Agreement" Morgan Stanley= $18.91M of 2018 Notes, $825K of 2019 Notes, $1.405M of 2013 Notes, $10.5M of 2017 Notes (Short) RBS Global= $25M of 2018 Notes, $1M of 2019 Notes, $5M of 2013 Notes, $5M of 2017 Notes Mariner Tricadia Cred. Strat. Master Fund= $7.76 M of 2019 Notes, $6M of 2017 Notes Mariner LDC= $2.215 of 2019 Notes, $2M of 2017 Notes The D.E. Shaw Group= $51M of 2018 Notes, $4M of 2019 Notes, $7M of "DIP", 967,693 shares of common stock UBS Sec. LLC= $2M of 2018 Notes
0701~~3/21/12 filed by SNR Denton US--Unsecured Claims (Sony Pict. Ent.= $16,666,667; Pension Benefit Guaranty Corp.= $775 M + Unliquidated claims)
0544~~3/9/12 filed by Brown Rudnick--Common Stock (Greywolf Cap. Partners= 3,184,400 shares; Greywolf Cap. Oversease Master Fund= 5,485,000 shares; Rich Katz= 22,000 shares; Kenneth S. Grossman= 1,735,000 shares; Paul Martin= 1,000 shares)
0458~~3/1/12 filed by Klestadt & Winters--Unsecured Claims (Strategic Procurement Grp = $556,969.22; AOF Imaginging Technology= $31,187,577)
0189~~2/2/12 Service letter for Docket#153
0153~~1/30/12 (displayed on "Trading of Kodak Debt")
IMO...CONCLUSIONS:
1)Docket#769 filed on 4/2/12; Archview, Brevan, and D.E. Shaw owned common shares; and JP Morgan Securities LLC shorted common shares.
2)Later Docket #1696 filed on 7/18/12; Archview, and D.E. Shaw did not own common shares anymore; and Brevan did not even report its positions. While JP Morgan Securities LLC did not mention what happened to their short common share positions.
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