Bankr. Ct. Dec. 216
The Subordinated Notes holders argue that the Fourth Proviso carves out the Second-Lien
Notes from the Baseline Definition, i.e., that the Second-Lien Notes ... argument, and concluded that the Second-Lien Notes
unambiguously constitute Senior Indebtedness despite the Fourth Proviso. They did so in
reliance on a distinction between "lien subordination" and "payment ... debt)
subordination," concluding that the Fourth Proviso unambiguously carves out from the
Baseline Definition only the latter and not the former.° Because the Second-Lien Notes are
not subordinate
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01358962.pdf
given that the term
appears nowhere else in the indenture other than in the Fourth Proviso.
Moreover, the Debtors' interpretation renders language in the indenture superfluous, which
is a common ... contract superfluous is "unsupportable: under standard principles of contract
interpretation). Specifically, if the Fourth Proviso only excepts debt subordinate in right of
payment, there is no purpose ... distinction between "expressly" (in the Baseline Definition) and "by its
terms" (in the Fourth Proviso). We see no meaningful distinction between those terms.
Nevertheless, we also conclude that the Subordinated
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01358963.pdf
EFTA00958747Set 9
2013-04-1423p14,389w
under Stalin.
• ➢ The rate of incarceration of prisoners in China is one-fourth the rate for prisoners in state or
federal facilities in the US.
If the rest ... week the US Senate agreed to
hold a debate on Gun Control, with the proviso that it would be restricted to limited background
checks and not include on banning assault ... their part, Republicans could propose closing
tax loopholes to increase revenue, with the proviso that half of any new revenue obtained be dedicated
to lowering income tax rates, as economist
https://www.justice.gov/epstein/files/DataSet%209/EFTA00958747.pdf
EFTA00310572Set 9
2002-03-0146p22,726w
date such Primary Capital Account Sub-Account was
established and end on the fourth December 31st thereafter; provided, however, that the
initial Lock-Up Period with respect to any such ... Account. The balance remaining in a Loss Recovery Account
for purposes of the foregoing proviso shall be the amount existing immediately prior to
reduction for any Net Increase with respect ... below); third, reduced by 50%
of the then remaining balance of such Account; and fourth, increased by 66 2/3% of the
difference between the Incentive Allocation made with respect
https://www.justice.gov/epstein/files/DataSet%209/EFTA00310572.pdf
EFTA01870721Set 10
2012-03-3036p8,272w
Ahmedinejad in February announced that Iran had
perfected a far more efficient centrifuge — a "fourth-
generation" machine, three levels beyond its original
centrifuges, made from designs purchased from
Pakistan ... process rejects the use and encouragement of
more direct violence. Without this key proviso,
however, Nasrallah will likely find himself in the
distasteful position of going to battle ... markets known as the BRICS--Brazil,
Russia, India, China, and South Africa--held their
fourth annual summit this past week in New Delhi.
The leaders of thefive nations agreed
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01870721.pdf
EFTA00080160Set 9
2019-08-2786p22,123w
originally provided for automatic dismissal upon the motion of
21 the government.
22 This proviso, in my judgment, is clearly directed
23 toward an independent judicial assessment of the public ... family, another thing I was desperately searching
for.
4 But on my third or fourth time meeting them, they
5 brought me to Jeffrey's island for the first time
https://www.justice.gov/epstein/files/DataSet%209/EFTA00080160.pdf
EFTA02404867Set 11
2012-04-0125p6,016w
Ahmedinejad in February
announced that Iran had =erfected a far more efficient centrifuge — a "fourth-generation" mac=ine, three levels beyond
its original centrifuges, made from designs purch=sed from ... process
rej=cts the use and encouragement of more direct violence. Without this key proviso, however, Nasrallah will likely find
hi=self in the distasteful position of going to battle ... known as the BRICS--Brazil, R=ssia, India, China, and
South Africa--held their fourth annual summit this=past week in New Delhi. The leaders of the five nations agreed
https://www.justice.gov/epstein/files/DataSet%2011/EFTA02404867.pdf
EFTA00718929Set 9
2012-04-0125p7,533w
Ahmedinejad
in February announced that Iran had perfected a far more efficient
centrifuge — a "fourth-generation" machine, three levels beyond its
original centrifuges, made from designs purchased from Pakistan ... process rejects the use and
encouragement of more direct violence. Without this key proviso,
however, Nasrallah will likely find himself in the distasteful position of
going to battle ... markets known as
the BRICS=-Brazil, Russia, India, China, and South Africa--held their
fourth annual summit this past week in New Delhi. The leaders of thefive
nations agreed
https://www.justice.gov/epstein/files/DataSet%209/EFTA00718929.pdf
EFTA00019994Set 8
2019-08-2786p22,260w
originally provided for automatic dismissal upon the motion of
21 the government.
22 This proviso, in my judgment, is clearly directed
23 toward an independent judicial assessment of the public ... family, another thing I was desperately searching
for.
4 But on my third or fourth time meeting them, they
5 brought me to Jeffrey's island for the first time
https://www.justice.gov/epstein/files/DataSet%208/EFTA00019994.pdf
EFTA00106085Set 9
2019-08-2786p22,250w
originally provided for automatic dismissal upon the motion of
21 the government.
22 This proviso, in my judgment, is clearly directed
23 toward an independent judicial assessment of the public ... family, another thing I was desperately searching
for.
4 But on my third or fourth time meeting them, they
5 brought me to Jeffrey's island for the first time
https://www.justice.gov/epstein/files/DataSet%209/EFTA00106085.pdf
EFTA00103908Set 9
2019-08-2786p22,356w
originally provided for automatic dismissal upon the motion of
21 the government.
22 This proviso, in my judgment, is clearly directed
23 toward an independent judicial assessment of the public ... family, another thing I was desperately searching
for.
4 But on my third or fourth time meeting them, they
5 brought me to Jeffrey's island for the first time
https://www.justice.gov/epstein/files/DataSet%209/EFTA00103908.pdf
EFTA00077412Set 9
2019-08-2786p22,248w
originally provided for automatic dismissal upon the motion of
21 the government.
22 This proviso, in my judgment, is clearly directed
23 toward an independent judicial assessment of the public ... family, another thing I was desperately searching
for.
4 But on my third or fourth time meeting them, they
5 brought me to Jeffrey's island for the first time
https://www.justice.gov/epstein/files/DataSet%209/EFTA00077412.pdf
EFTA00076185Set 9
2019-08-2786p22,064w
originally provided for automatic dismissal upon the motion of
21 the government.
22 This proviso, in my judgment, is clearly directed
23 toward an independent judicial assessment of the public ... family, another thing I was desperately searching
for.
4 But on my third or fourth time meeting them, they
5 brought me to Jeffrey's island for the first time
https://www.justice.gov/epstein/files/DataSet%209/EFTA00076185.pdf