Catching Judge Sontchi’s “Flurry of Opinions” Part 1 of 3

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In This Issue:

- In re: Energy Future Holdings Corp., et al, 14 -10979 (CSS) (CSC Trust Company of Delaware, as Indenture Trustee, v. Energy Future Intermediate Holdings Company LLC and EFIH Finance, Inc., Adv. Pro No: 14-50363 (CSS) (Bankr. D. Del. Aug. 5, 2014)

- In re: Newstarcom Holdings, Inc. et al., 08- 10108 (CSS) (George L. Miller, as Chapter 7 Trustee of the Estates of NewStarcom Holdings, Inc., et al. v. American Capital, Ltd., et al. (Adv. No. 10-50063 (CSS)) (Bankr. D. Del. Aug. 6, 2014)

- Excerpt from In re: Energy Future Holdings Corp., et al, 14 -10979 (CSS) (CSC Trust Company of Delaware, as Indenture Trustee, v. Energy Future Intermediate Holdings Company LLC and EFIH Finance, Inc., Adv. Pro No: 14-50363 (CSS) (Bankr. D. Del. Aug. 5, 2014):

This opinion arose out of a discovery dispute in an adversary proceeding for declaratory relief filed by CSC Trust Company, as Indenture Trustee (CSC) against Energy Future Holdings Corp., et al. chapter 11 debtors and debtors in possession (the EFIH Debtors). The complaint seeks a declaration from the Court that the EFIH Debtors are obligated to pay a $665.2 million redemption premium in connection with the proposed refinancing of the 10% Notes. CSC argues that the refinancing of the notes within the bankruptcy constitutes an early redemption under the terms of the indentures, which can only be completed if the applicable makewhole premium is paid.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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