Free Reply to Response to Motion - District Court of Federal Claims - federal

Case 1:05-cv-00231-EJD

Document 72-4

Filed 11/29/2006

Page 1 of 7

J enkens &CORPORATION Gilchrist A PROFESSIONAL
225 WEST WASHINGTON

AUSTI, TEXA

DAL, TEXA
HOUSTON. TEXAS

SUITE 2600

FROM THE DESK OF:

CHICAGO, ILLINOIS 606
rELECOPlR (312) 425.3909

LOS ANGEl. CALIFRNIA
SAN ANTONiO. TEX
WASHIGTON. D.C.
FAX

Donna M. Guerin (312) 425-3939
RECIPIENT

(312) 425-3900

ww.Jenkens.com
COMPANY

No.

PHONE No.

James G. Boyd

843.768.9430

. MESSAGE.
Please execute the atthed documents (note that the Assignent Agreement requires two signatures) and send

me a copy by fax (312-425-3909) and mail or overnght the origials to me as soon as possible. Please contact
me if you have any questions. Than you.

NQTK.'E OF CONFJDENTITY
The inomition ootained in and tranmitted with ths facsime is
1. SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE; 2. ATTORNEY WORK PRODUCT; OR

= GOVERNMENT

3. CONFIENTIAL.

I ~im

Ii is intended only for the individual or entity designated above. You are hereby notifed tht any dissemiation, distnbution, copying,

or use of or reliance upon the inoimtion contained in and ttanmitt with this facsimle by or to anyone other than the recipient designated above by the sender is unautMrized and strictly prohibited. If you have reeived this facsimile in error, please notify Jenkens & Gilchrst, a professional corporation by telephone at (312) 425-3900 imately. Any facsimile eroneously trnsmitted to you should be imdiately retued to the sender by U.S. Mail, or jf authorition is grnted by the sender, destroyed.

Time: l~Mi66¡hti: Novembe 26, i 999 Employee No.:

Billing #:

Total Pages (+ tover): 10

App 009
JG-CL0147892

Case 1:05-cv-00231-EJD

Document 72-4

Filed 11/29/2006

Page 2 of 7

JGB Bohicket Iuvestmenfs LLC

November -- 1999

Deutsche Bane Alex Brown Attn: Mr. David Parse 222 West Adams Street Suite 1900
Chicago, 1L 60606

To Whom It May Concern:

Please use this letter as your authorization to wire tranfer $______ from my
account JGB Borucket Investments LLC, Account No. 222-10154-11, to the following entity:

Deutsche Ban AG NY Branch ABA #: 026-003-780 For Acct Of: DBAB-NY
Acct #: 100450210032
Ref: FX Options

Than you for your attention to ths matter.

Sincerely,

James G. Boyd, Member

CHlCAGO 16902,1,46149.~~1

JG.CL0147893

App 0010

Case 1:05-cv-00231-EJD

Document 72-4

Filed 11/29/2006

Page 3 of 7

JGB Bobicket Investments LLC

November~, 1999

VIA TELECOPY (312) 424-6012
Mr. David Pare Deutsche Bane Alex. Brown 222 West Adams Street Suite 1900 Chicago, IL 60606

Re: JGB Bomeket Investments LLC
Aecoi.t No. 222-10154-11

Dear Mr. Parse:
Please note from the attached assigment that the option positions in the above-

referenced account have been assigned to JBJZ P~ersi Account No. 222-10155-10
effective as of

November ~, 1999. Please reflect such assignent in your record.

Than you.
Very trly yours,

James G. Boyd, Member

CHJCAGO 1690i v 1.46149.~~1

JG-CL0147BQ.t

App 0011

Case 1:05-cv-00231-EJD

Document 72-4

Filed 11/29/2006

Page 4 of 7

JGB Bohicket Investments LLC

November n, 1999

VIA TELECOPY (312) 424-6019
Mr. Davìd Parse

Deutsche Bane Alex. Brown 222 West Adams Street Suite 1900 Chicago, IL 60606
Re; JGB Bohicket Investments LLC
Account No. 222-10154-11

Dear Mr. Par:

This Jetter constitutes your authoriation to tranfer all remainig cash from the above-referenced account, JGB Bohícket Investments LLC to JBJZ Parner, Account No.
222-10155 -1 0 effective inuediately_

TIian you.
Very trly yours,

James G. Boyd, Member

CHICAGO 16902 v I. 46i4~.ooooi

JG-CL014789S

App 0012

Case 1:05-cv-00231-EJD

Document 72-4

Filed 11/29/2006

Page 5 of 7

ASSIGNMENT AGREEMENT

mis AGREEMENT is made the 241b day of

November, 1999

BETWEEN:

(1) JGB BOmCKET INVESTMENTS LLC whose offce is at 3520 Bohicket Road, Jobns Island, South
Carolina 29455 (tbe "OriiInal Party").

(2) DEUTSCHE BANK AG acting througb its CbicagoBranch with an offce at 222 West Adams Street,
Suite 1900, Chicago, I1Unois 60606 (the "CoUßierpartylt).

(3) JBZ PARTNERS whose offce is at 16 Buckingham Drive, Charleston, South Carolina 29407 (the
"New Part").

WHEREAS: (A) By the transaction(s) made by telephone and evidenced by exchangei ofleter, Telex or SWIFT confnntions,
brief detils of which ar set out in the Scbedule tl? thi Agreement (the "Original Traactions") the

Counterparty and the Original Par assumed the rights and potential futu contrctual duties set out therein.
(B) It is the desire of the parties, tht subject to the term of

ths Agreement the New Pary shaU be assigned the

financial position of the Origil Part and shall assume the rights end potential futue contrctual duties

equivaleni to thse of the Orginal Party under the Original Transactions (such resulting transactions shall be the "New Tranactions").

IN CONSIDERATION OF TIE COVENANTS, ASSUMPTIONS AND ACKNOWLEDGEMENTS RECORDED HEREIN THE PARTIES HEREBY AGREE TIlA T:

IT is HEREBY AGREED as follows:
i. The partes hereto agree tht with efTect on and from November 24, 1999 (the "Effective Date");

1. i The Original Par hereby assigns, trfers and conveys to the New Part the finacial positions described as

the Original Transactions set out in the Schedule to ths Agreement.

1.2 The New Par undertes to the Counterpar to perfonn the potential futue contracnil duties and be bound
by the tenn of the New Traaction(s) in favor of the

Counterpart in ever way as ¡fthe New Par were and

had been a pany to the Originl Transaction( s) as the Original Par on identical term to the tenn of the

Original Transactions.

i.3 As of the Effective Date the Countcrary undertes to the New Par to peifonn the potential future
contractual duties and be bound by the ler of

the New Traaction(s) in favor of the New Par in every way

as if the New Part were and had been a pa to the Orginl Transaction(s) as the Origial Par on identical
tcnn to the tenu of the Original Tranaction(s).

2. Each part wil bear its own costs and expenses (includig without limtation, all legal costs and expenses) incured

by it in coriection with the negotiation, prepartion and execution of this Agreement.

3. Ths Agreement may be executed in counterpars, each of which will be deemed an original.
4. This Agreent shall be governed by and constred in accordace with the laws of the St4te of N ew York.

CHlCAGO 16902, I, 46149.oot

JG-CL0147R!lh

App 0013

Case 1:05-cv-00231-EJD

Document 72-4

Filed 11/29/2006

Page 6 of 7

IN WITNESS whereof

the pares hereto have caused this Agreemet to be duly executed the day and yea first wrtten.

SIGNED for and on behalf of JGB BOHICKET INVESTMENTS LLC

'!es G. Boyd, Mem~r
SIGNED for and on behaf of

DEUTSCHE BANK AG acting through its Chicago Bram:h

1--

SIGNED for and on behalf of JBJZ PARTNERS

James G. Boyd, Genera Parr

CHlCAGO 16902 y 1,46149.00001

JG-CL0147897

App 0014

Case 1:05-cv-00231-EJD

Document 72-4

Filed 11/29/2006

Page 7 of 7

SCHEDULE

DESCRIPTION OF ORIGINAL TRASACTIONS

Original FX Dil6ta1 Ootion Trasacions:

Tranaction

Trade Date

Tennation
Date
22 Dee 99
22 Dee 99

Premum Amount Reference Number

1.

23 Nov 99

$5,000,000 ex27921A

2.

23 Nav 99

$4,750,000 ex27921A

CHICAGO 16902 v L. 46149.0()l

JG-CL0147898

App 0015