- 12 - opportunity for petitioner in Mexico (i.e., as a reduction in or elimination of restrictions that otherwise would have prohibited petitioner's investment in Mexico). Viewed in this light, the 1,736,694,000 bargained-for Mexican pesos received in this transaction may be regarded, in some respects, as more valuable to petitioner than pesos that petitioner could have obtained on the open market because there were attached to these pesos special, pre-approved business opportunities for petitioner in Mexico and because the pesos carried with them an interest rate that protected petitioner from risks associated with inflation in Mexico and with fluctuations in the US$/Mex$ exchange rate. The so-called "restrictions" attached to the pesos involved in this transaction, therefore, in this respect served as enhancements to the value of the pesos. Ownership of US$1,200,000 Mexican Government Debt Petitioner and the amici curiae argue that only banks could legally own the US$1,200,000 Mexican Government debt and that petitioner, therefore, should not be treated as having acquired the debt and as having transferred the debt to petitioner. Petitioner and the amici curiae also argue that if petitioner is to be regarded as having acquired the debt, petitioner's interest therein should be treated as so fleeting and momentary that it should be disregarded. Respondent acknowledges provisions of the Restructure Agreement that place some limitations on assignment of Mexican Government debt, but respondent notes that none of thesePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011