AMPLIACION DE EMBARGOUNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SOUTHERN DISTRICT OF NEW YORK
[12 de Enero de 2010]
AURELIUS CAPITAL PARTNERS, LP
and AURELIUS CAPITAL MASTER, LTD.,
Plaintiffs
-against-
THE REPUBLIC OF ARGENTINA,
Defendant. [1]
------------------------------------------------x
WRIT OF EXECUTION
BY ORDER ON WRIT OF EXECUTION issued by the Court dated January 12, 2010, Final Judgment having been entered in the above-captioned action in the Southem District of New York on June 13, 2008 in favor of Plaintiffs Aurelius Capital Master, Ltd. and Aurelius Capital Partners, LP and against Defendant The Republic of Argentina ("Argentina" , the U.S. Marshals Service for the Southem District of New York (the "U.S. Marshal") is hereby diredited to levy upon certain Property (as defined below), in satisfaction of the Final Judgment amount of $58,084,131 in favor of Plaintiff Aurelius Capital Master, Ltd. and the Final Judgment amount of $70,456,464 in favor of Plaintiff Aurelius Capital Partners, LP, plus post-judgm nt interest from June 13, 2008 on any unpaid portion thereof at the ratees) specified in 28 U.S.C. § 1~61 (which, as of January 11, 2010, had accrued in the amount $1,980,412 on the judgment in favor of Plaintiff Aurelius Capital Master, Ltd. and had accrued in the amount $2,402,254 on the judgment in favor of Plaintiff Aurelius Capital Partners, LP), until the Final Judgment and post-judgment interest are satisfied in full. Upon information and belief, Defer dant's last known address is that of its authorized service agent, Banco de la Nación Argentina, 299 Park Avenue, New York, New York 10171, as appointed in the Fiscal Agency Agreement underlying the Final Judgment.[2]
"Property" refers to any property in the United States (whether real or personal, tangible or intangible presently existing or hereafter arising), which could be assigned or transferred as provided in N.Y. C.P.L.R. § 5201, including but not limited to cash, gold, special drawing rights, deposits, real property, instruments, securities, security entitlements, security accounts, equity interests, claims and contractual rights, and interests of any kind in the foregoing (collectively, the "Property"), directly or indirectly held or maintained in the name of, in a trust held by, or for the use or benefit of Banco Central de la Republica Argentina ("BCRA"), whether for its own account or for the benefit of Argentina, EXCLUDING: (a) property belonging to the embassy, consulate, or permanent mission to the United Nations of Argentina; and (b) any property that is, or is intended to be, used in connection with a military activity, and is of a military character or is under the control of a military or defense agency.
The U.S. Marshal is further directed to defer seizure ofany Property from any gamishee located within the jurisdiction of this Court until further order of this Court.
Pursuant to N.Y. C.P.L.R. § 5230(c), the time for the U.S. Marshal to serve this Writ of Execution and to retum said execution to the Clerk of the Court is extended an additional 60 days.
Pursuant to N.Y. C.P.L.R. § 5232, the levy effected pursuant to service of this Writ of Execution on any garnishee located within the jurisdiction of this Court is extended until 30 days following final resolution of Plaintiff's application with respect to this Writ of Execution, including any related appeals, proceedings on remand, and any subsequent appeals.
Pursuant to N.Y. C.P.L.R. § 5205(1), $2,500.00 of an account containing direct deposit or electronic payments reasonably identifiable as statutorily exempt payments, as defined in paragraph two of subdivision to N.Y. C.P.L.R. § 5205(1), is exempt from execution and that the gamishee cannot levy upon or restrain two thousand five hundred dollars in such an account.
Pursuant to N.Y. C.P.L.R. § 5222(i), an execution shall not apply to an amount equal to or less than 90% of the greater of 240 times the federal minimum hourly wage prescribed in the Fair Labor Standard s Act of 1938 or 240 times the state minimum hourly wage prescribed in § 652 of the labor law as in effect at the time the earnings are payable, except such part as a court determines to be unnecessary for the reasonable requirements of the judgment debtor and his or her dependents.
It is SO ORDERED on this 12 day of January 2010.
Tomas P. Griesa
[1] No. 07 Civ. 11327 (TPG)
[2] The Fiscal Agency Agreement identifies the former address of Banco de la Nación Argentina as 299 Park Avenue, New York, New York 10171.
and AURELIUS CAPITAL MASTER, LTD.,
Plaintiffs
-against-
THE REPUBLIC OF ARGENTINA,
Defendant. [1]
------------------------------------------------x
WRIT OF EXECUTION
BY ORDER ON WRIT OF EXECUTION issued by the Court dated January 12, 2010, Final Judgment having been entered in the above-captioned action in the Southem District of New York on June 13, 2008 in favor of Plaintiffs Aurelius Capital Master, Ltd. and Aurelius Capital Partners, LP and against Defendant The Republic of Argentina ("Argentina" , the U.S. Marshals Service for the Southem District of New York (the "U.S. Marshal") is hereby diredited to levy upon certain Property (as defined below), in satisfaction of the Final Judgment amount of $58,084,131 in favor of Plaintiff Aurelius Capital Master, Ltd. and the Final Judgment amount of $70,456,464 in favor of Plaintiff Aurelius Capital Partners, LP, plus post-judgm nt interest from June 13, 2008 on any unpaid portion thereof at the ratees) specified in 28 U.S.C. § 1~61 (which, as of January 11, 2010, had accrued in the amount $1,980,412 on the judgment in favor of Plaintiff Aurelius Capital Master, Ltd. and had accrued in the amount $2,402,254 on the judgment in favor of Plaintiff Aurelius Capital Partners, LP), until the Final Judgment and post-judgment interest are satisfied in full. Upon information and belief, Defer dant's last known address is that of its authorized service agent, Banco de la Nación Argentina, 299 Park Avenue, New York, New York 10171, as appointed in the Fiscal Agency Agreement underlying the Final Judgment.[2]
"Property" refers to any property in the United States (whether real or personal, tangible or intangible presently existing or hereafter arising), which could be assigned or transferred as provided in N.Y. C.P.L.R. § 5201, including but not limited to cash, gold, special drawing rights, deposits, real property, instruments, securities, security entitlements, security accounts, equity interests, claims and contractual rights, and interests of any kind in the foregoing (collectively, the "Property"), directly or indirectly held or maintained in the name of, in a trust held by, or for the use or benefit of Banco Central de la Republica Argentina ("BCRA"), whether for its own account or for the benefit of Argentina, EXCLUDING: (a) property belonging to the embassy, consulate, or permanent mission to the United Nations of Argentina; and (b) any property that is, or is intended to be, used in connection with a military activity, and is of a military character or is under the control of a military or defense agency.
The U.S. Marshal is further directed to defer seizure ofany Property from any gamishee located within the jurisdiction of this Court until further order of this Court.
Pursuant to N.Y. C.P.L.R. § 5230(c), the time for the U.S. Marshal to serve this Writ of Execution and to retum said execution to the Clerk of the Court is extended an additional 60 days.
Pursuant to N.Y. C.P.L.R. § 5232, the levy effected pursuant to service of this Writ of Execution on any garnishee located within the jurisdiction of this Court is extended until 30 days following final resolution of Plaintiff's application with respect to this Writ of Execution, including any related appeals, proceedings on remand, and any subsequent appeals.
Pursuant to N.Y. C.P.L.R. § 5205(1), $2,500.00 of an account containing direct deposit or electronic payments reasonably identifiable as statutorily exempt payments, as defined in paragraph two of subdivision to N.Y. C.P.L.R. § 5205(1), is exempt from execution and that the gamishee cannot levy upon or restrain two thousand five hundred dollars in such an account.
Pursuant to N.Y. C.P.L.R. § 5222(i), an execution shall not apply to an amount equal to or less than 90% of the greater of 240 times the federal minimum hourly wage prescribed in the Fair Labor Standard s Act of 1938 or 240 times the state minimum hourly wage prescribed in § 652 of the labor law as in effect at the time the earnings are payable, except such part as a court determines to be unnecessary for the reasonable requirements of the judgment debtor and his or her dependents.
It is SO ORDERED on this 12 day of January 2010.
Tomas P. Griesa
[1] No. 07 Civ. 11327 (TPG)
[2] The Fiscal Agency Agreement identifies the former address of Banco de la Nación Argentina as 299 Park Avenue, New York, New York 10171.
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