Try our Advanced Search for more refined results
CW Financial Services LLC
-
Misc | Filed: April 24, 2024 | Entered: April 24, 2024 In the Matter of the Trusts established under the Pooling and Servicing Agreements
Contract: Other | New York Southern
Sealed Document Attorney Notice to Retrieve
NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 409 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 5/24/2024. .(jus)
-
Utility | Filed: April 09, 2024 | Entered: April 09, 2024 In the Matter of the Trusts established under the Pooling and Servicing Agreements
Contract: Other | New York Southern
Terminate Transcript Deadlines
Terminate Transcript Deadlines (km)
-
Order | Filed: April 09, 2024 In the Matter of the Trusts established under the Pooling and Servicing Agreements
Contract: Other | New York Southern
Order
CLERK'S JUDGMENT re: 473 Order in favor of Appaloosa Investment L.P.I. and Palomino Master Ltd. against CWCapital Asset Management LLC in the amount of $34,573,994.14. It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stat ed in the Court's Order dated April 8, 2024, the Court having considered all of the issues raised in the Settlement Agreement, Appaloosa's Proposed Allocation, and Appaloosa's Motion for Attorneys' Fees and all objections there to, it is hereby ORDERED that: 1. The Settlement Agreement is APPROVED. 2. Appaloosa's Proposed Allocation is APPROVED. 3. Appaloosa's Motion for Attorneys' Fees is GRANTED IN PART. 4. Within 20 days of the Order being entered, CWC s hall pay the sum of $27,500,000.00 (the "Settlement Payment") to an escrow agent (the "Escrow Agent"), which may be U.S. Bank National Association or another nationally recognized financial institution acceptable to Appaloos a and CWC, to hold the Settlement Payment in an escrow account subject to a reasonable escrow agreement (the "Escrow Agreement") and appropriate compensation for the Escrow Agent to be agreed upon by the Escrow Agent, Appaloosa, and CWC , until this Order becomes final and non-appealable. Within 30 days of the Order becoming final and non-appealable, pursuant to the terms of the Escrow Agreement, the Escrow Agent shall distribute the Settlement Payment, net of any compensation pa id to the Escrow Agent (the "Net Settlement Payment"), as follows: (i) $7,073,994.14 to Appaloosa as reimbursement for attorneys' fees and expenses incurred by Appaloosa in connection with this proceeding (the "Appaloosa F ee and Expense Award"); (ii) 50% of the Net Settlement Payment, net of the Appaloosa Fee and Expense Award (the "Trust Settlement Payment"), to Computershare Trust Company, N.A. ("Computershare Trust Company"), as age nt for Wells Fargo Bank, N.A. ("Wells Fargo"), as Paying Agent for the Wachovia Bank Commercial Mortgage Trust Commercial Mortgage Pass-Through Certificates, Series 2007-C30; (iii) 8.33% of the Trust Settlement Payment to Computersh are Trust Company, as agent for Wells Fargo, as Trustee Agent for the COBALT CMBS Commercial Mortgage Trust 2007-C2 Commercial Mortgage Pass-Through Certificates, Series 2007-C2; (iv) 8.26% of the Trust Settlement Payment to Computershare Trus t Company, as agent for Wells Fargo, as Paying Agent for the Wachovia Bank Commercial Mortgage Trust Commercial Mortgage Pass-Through Certificates, Series 2007-C31; (v) 26.67% of the Trust Settlement Payment to Computershare Trust Company, as agent for Wells Fargo, as Certificate Administrator for the ML-CFC Commercial Mortgage Trust 2007-5 Commercial Mortgage Pass-Through Certificates, Series 2007-5; and (vi) 6.74% of the Trust Settlement Payment to U.S. Bank National Associatio n, as Trustee for the ML-CFC Commercial Mortgage Trust 2007-6 Commercial Mortgage Pass-Through Certificates, Series 2007-6. 6. The related Trustee, Paying Agent, Trustee Agent, and/or Certificate Administrator (and, to the extent applicable, their agents) are instructed to (a) characterize each Trusts portion of the Trust Settlement Payment as payments on account of principal, and (b) take all necessary and reasonable steps to distribute the Trust Settlement Payment, net of reasonable attor neys' fees and expenses related to the settlement and distribution of the Trust Settlement Payment and any other reasonable fees and expenses reimbursable from the Trusts of the related Trustee, Paying Agent, Trustee Agent, and/or Certificate Administrator, and to the extent applicable, their agents (the "Net Trust Settlement Payment"), in accordance with the PSA for each Trust, to registered Certificate holders of the Trusts as of the related record date for the first relat ed distribution date for each Trust after receipt of the Trust Settlement Payment; provided, however that if the related Trustee, Paying Agent, Trustee Agent, and/or Certificate Administrator (and, to the extent applicable, their agents) receive the Trust Settlement Payment after the determination date related to such first distribution date (as such terms are defined in the applicable agreements), such parties shall distribute the funds on the next occurring distribution date. To the extent that any Trust has terminated before the distribution of the Net Trust Settlement Payment, the Net Trust Settlement Payment will be distributed as of the last record date before the termination of such Trust. 7. Any actions taken (or omissions mad e) by the Trustee, Wells Fargo (or Computershare Trust Company as agent for Wells Fargo), CWC, the other parties to the PSAs, or the Escrow Agent, including through their agents, if applicable, in accordance with this Order shall be deemed to ... (truncated)
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
- Archive of over 450,000 articles
- Database of over 2.1 million cases
- 62,000+ organization-specific pages.
- Daily and real-time news and case alerts on organizations, industries, and customized search queries.
- Significant legal events involving law firms, companies, industries, and government agencies.
- Learn more
TRY LAW360 FREE FOR SEVEN DAYS
Already a subscriber? Click here to login