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Motion Information Statement Case 16-628, Document 263-1, 03/14/2016, 1726772, Page1 of 55 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Thurgood Marshall U.S. Courthouse 40 Foley Square, New York, NY 10007 Telephone: 212-857-8500 MOTION INFORMATION STATEMENT Docket Number(s): 16-628{L) Caption [use short title] ---~~---------- Motion for: Emergency Motion to Intervene as Aurelius Capital Master, Ltd. v. The Republic of Argentina Interested Non-Party Appellants Set fortb below precise, complete statement of relief sought: To intervene in the appeal, and to submit briefing and otherwise participate in the appeals as interested non-party appellants, or in the alternative, leave to join the appeals by filing a brief as an amicus curiae MOVINRAR.TY: Foreign-law Bondholders OPPOSING PARTY: The Republic of Argentina LJPiaintiff E3 Defendant [!'.]Appellant/Petitioner Appellee/Respondent MOVINGATTORNEY: P. Sabin Willett oPPosINGATTORNEY: Michael Paskin [name of attorney, with firm, address, phone number and e-mail] Morgan, Lewis & Bockius LLP Cravath, Swain & Moore LLP -------------------- 0 ne Federal Street 825 Eighth Avenue -------------------- Boston, MA02110 New York, NY 10019 court-Judge/Agency appealed from: Southern District of New York, District Judge Thomas P. Griesa Please check appropriate boxes: FOR EMERGENCY MOTIONS, MOTIONS FOR STAYS AND INJUNCTIONS PENDING APPEAL: Has mo~ noilli&ll,opposing counsel (required by Local Rule 27. I): Has request for relief been made below? [!'.]Yes D No ~ YeslJNo (explain):___________ Has this reliefbeeopreviously sought in this Court? D Yes [!'.]No ----------------- Requested return date and explanation of emergency: _______ Opposin~unsel's position on motion: LJ Unopposedl!'.]opposed [}ion't Know March 14, 2016 --Appellant briefs are due Does opposing counsel intend to file a response: 0Yes O"o 0>on•t Know on this date and there has been a very recent change of circumstances necessitating this appeal ls oral argument on motion requested? D Yes l!'.J No (requests for oral argument will not necessarily be granted) Has argument date of appeal been set? D Yes [!'.]No Ifyes, eoterdate: ___________________ Signature of Moving Attorney: Isl Sabin Willett Date: 3/14/16 Service by: l!'.JcM/ECF Other [Attach proofofservice] ~~~~~~~---~ D Form T-1080 (rev. 12-13) Case 16-628, Document 263-1, 03/14/2016, 1726772, Page2 of 55 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT AURELIUS CAPITAL MASTER, LTD. AND ACP MASTER, LTD., Plaintiffs - Appellants, No. 16-628(L) - against - THE REPUBLIC OF ARGENTINA, Defendant - Appellee. EMERGENCY MOTION OF FOREIGN-LAW BONDHOLDERS TO INTERVENE AS INTERESTED NON-PARTY APPELLANTS Case 16-628, Document 263-1, 03/14/2016, 1726772, Page3 of 55 CORPORATE DISCLOSURE STATEMENT ARAG-A Limited is a Cayman Islands corporation. AGBPI Fund, Ltd. is the parent of ARAG-A Limited. No publicly held corporation owns 10% or more of the stock of ARAG-A Limited. ARAG-O Limited is a Cayman Islands corporation. Alden Global Opportunities Master Fund, L.P. is the parent of ARAG-O Limited. No publicly held corporation owns 10% or more of the stock of ARAG-O Limited. ARAG-T Limited is a Cayman Islands corporation. Turnpike Limited is the parent of ARAG-T Limited. No publicly held corporation owns 10% or more of the stock of ARAG-T Limited. ARAG-V Limited is a Cayman Islands corporation. Alden Global Value Recovery Master Fund, L.P. is the parent of ARAG-V Limited. No publicly held corporation owns 10% or more of the stock of ARAG-V Limited. Yellow Crane Holdings, L.L.C. is a limited liability company organized and existing under the laws of the State of Delaware. Yellow Crane Holdings L.L.C. is not a corporation and therefore Rule 26.1 does not require any disclosures with respect to it. i Case 16-628, Document 263-1, 03/14/2016, 1726772, Page4 of 55 MCHA Holdings, LLC is a limited liability company organized and existing under the laws of the State of Delaware. MCHA Holdings, LLC is not a corporation and therefore Rule 26.1 does not require any disclosures with respect to it. Honero Fund I, LLC is a limited liability company organized and existing under the laws of the State of Delaware. Honero Fund I, LLC is not a corporation and therefore Rule 26.1 does not require any disclosures with respect to it. Red Pines LLC is a limited liability company organized and existing under the laws of the State of Delaware. Red Pines LLC is not a corporation and therefore Rule 26.1 does not require any disclosures with respect to it. Trinity Investments Limited is an Irish private company limited by shares. Trinity Investments Limited has no corporate parent. No publicly held corporation owns 10% or more of the stock of Trinity Investments Limited. ii Case 16-628, Document 263-1, 03/14/2016, 1726772, Page5 of 55 Spinnaker Global Emerging Markets Fund, Ltd. is a British Virgin Islands private company limited by shares. Spinnaker Global Emerging Markets Fund, Ltd. has no corporate parent. No publicly held corporation owns 10% or more of the stock of Spinnaker Global Emerging Markets Fund, Ltd. Spinnaker Global Special Situations Fund LP is a limited partnership organized under the laws of the Cayman Islands. Spinnaker Global Special Situations Fund LP is not a corporation and therefore Rule 26.1 does not require any disclosures with respect to it. iii Case 16-628, Document 263-1, 03/14/2016, 1726772, Page6 of 55 TABLE OF CONTENTS CORPORATE DISCLOSURE STATEMENT ......................................................... i TABLE OF CONTENTS ......................................................................................... iv TABLE OF AUTHORITIES .................................................................................... v MOTION ................................................................................................................... 1 ARGUMENT ............................................................................................................ 5 CONCLUSION ......................................................................................................... 8 ADDENDUM...Brief of Interested Non-Party Appellant Foreign-Law Bondholders iv Case 16-628, Document 263-1, 03/14/2016, 1726772, Page7 of 55 TABLE OF AUTHORITIES CASES Aurelius Capital Partners, LP v. The Republic of Argentina, 584 F.3d 120 (2d Cir. 2009) ............................................................................. 1, 6 EM Ltd. v. The Republic of Argentina, 473 F.3d 463 (2d Cir. 2007) ................................................................................. 7 Kaplan v. Rand, 192 F.3d 60 (2d Cir. 1999) ................................................................................... 6 Karaha Bodas Co. v. Pertamina, 313 F.3d 70 (2d Cir. 2002) ................................................................................... 5 NML Capital, Ltd. v. The Republic of Argentina, 497 F. App’x 96 (2d Cir. 2012) ............................................................................ 6 NML Capital, Ltd. v. The Republic of Argentina, No. 12-105(L) (2d Cir. 2012) ............................................................................... 6 Official Committee Of Unsecured Creditors of WorldCom, Inc. v. Securities Exchange Commission, 467 F.3d 73 (2d Cir. 2006) ............................................................................... 1, 5 SEC v. Certain Unknown Purchasers of the Common Stock of and Call Options for the Common Stock of Santa Fe Int’l Corp., 817 F.2d 1018 (2d Cir. 1987) ............................................................................... 6 STATUTES Lock Law ................................................................................................................... 7 OTHER AUTHORITIES Rule 27 of the Federal Rules of Appellate Procedure ............................................... 1 Local Rule 27.1 .......................................................................................................... 1 Rule 10b-5 .................................................................................................................. 6 v Case 16-628, Document 263-1, 03/14/2016, 1726772, Page8 of 55 MOTION Pursuant to Rule 27 of the Federal Rules of Appellate Procedure and Local Rule 27.1, the interested non-parties ARAG-A Limited, ARAG-O Limited, ARAG-T Limited, ARAG-V Limited, Yellow Crane Holdings, L.L.C., MCHA Holdings, LLC, Honero Fund I, LLC, Red Pines LLC, Trinity Investments Limited, Spinnaker Global Emerging Markets Fund, Ltd. and Spinnaker Global Special Situations Fund LP (collectively, “Foreign-law Bondholders”) submit this Emergency Motion to Intervene as Interested Non-Party Appellants for the purpose of appealing an order entered by the United States District Court for the Southern District of New York on March 2, 2016, in case no. 08-6978 (S.D.N.Y. Mar. 2, 2016) [Dkt. No. 912] (the “Order”). See SPA-70.1 Because the Order directly affects their interests, non-party Foreign-law Bondholders seek this Court’s permission to intervene, in order to file the Brief of Interested Non-Party Appellant Foreign-Law Bondholders (the “Brief”) lodged herewith,2 and otherwise to participate as interested non-party appellants in this appeal, per the authority of Aurelius Capital Partners, LP v. The Republic of Argentina, 584 F.3d 120 (2d Cir. 2009), and Official Committee Of Unsecured 1 “JA A-###” refers to the Joint Appendix and “SPA-###” refers to the Special Appendix. 2 A copy of the Brief is attached as an addendum to this motion. 1 Case 16-628, Document 263-1, 03/14/2016,
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