- 40 - first assigning a base value of $36,758,918 to all 4 of the Fuji and Norinchukin LIBOR notes and adding to that amount the $1,500,000 private placement discount and the $535,000 amount that first appeared in Pepe's notes dated July 13, 1990. Pepe's notes dated August 17, 1990, identify the $535,000 amount as a "fee". Pepe rounded the resulting figure of $38,793,918 up to $38,794,000 and multiplied that figure by the ratio of the total NPA of the retained Norinchukin LIBOR note ($25,765,000) to the NPA of all the LIBOR notes ($102,970,000). Pursuant to these computations, Pepe valued the Norinchukin LIBOR note that Saba retained at $9,707,000 and the 3 LIBOR notes that Saba distributed to Brunswick at $29,087,000. Sodbury transferred the $24,016,789 that it received from Saba to ABN to be applied as a credit against its loan account. H. Brunswick's Sale of 3 LIBOR Notes In August 1990, concurrent with Saba's distribution of the 3 LIBOR notes to Brunswick, Merrill Lynch was making arrangements for Brunswick to sell the LIBOR notes. On August 14, 1990, a representative of the Bank of Tokyo, Ltd. (BOT) prepared a memorandum seeking approval from BOT's head office to purchase the 3 LIBOR notes from Brunswick in connection with a structured transaction to be arranged by Merrill Lynch. On August 24, 1990,Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
Last modified: May 25, 2011