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

Case 1:05-cv-00231-EJD

Document 72-3

Filed 11/29/2006

Page 1 of 7

J enkens &CORPORATION Gilchrist A PROFESSIONAL
225 WEST WASHINGTON SUITE 2600 CHICAGO, lLUNOlS 60606

AUSTIN, TEXA

DAlS, TEXA
HOUSTON, TEXAS

LOS ANGEl.F'). CAllFRN1A
SAN ANONIO, TEXAS

FROM TH DESK OF:

Donna M. Guerin
(3 i 2) 425-3939
RECIPIENT
Jerr Zucker

(312) 425-3900
TELECOPIER (312) 425-3909

WASHlGTON, D.C.

ww.jenkens.com
COMPANY
FAX

No.

PHONE No.

843.571.4647

. MESSAGE ·
PJeac;e execute the attached docwnents (note that the Assignent Agreeent requires two signatues) and send me a copy by fax (312-425-3909) and mail or ovemight the origials to me as soon as possible. Please contact you have any questions. Than you. me if

~

NOTICE OF.CONFIENTIALITY
The inforitíon contaed in and trmitted with this facsímile is
1. SUBJCT

~ GOVERNMENT

TO THE ATTORNY-CLIENT PRIILEGE;

2. ATTORNEY WORK PRODUCT; OR

I ~im

3. CONFIENTIAL.

It is intended only for the individua or entity desígnted above. You are hereby notified that any dissemation, distrbution, copying,
or use of or reliance upon the inforrtion contaed in and trmitted with ths facsimle by or to anyone other than the recipient

designated above by the sender is unauthorized and strctly prohibited. if you have received ths facsimile in eror, please notify Jenkens & Gilchri.st, a professional corporation by telephone at (312) 425-390 irediate1y. Any facsine erroneously transmitted to you should be imediately retued to the sroder by U.S. Mail, or if authorition is granted by the sender, destroyed.

Employee No.:
~ Time;__ldiiÓA566Iht:: November 26, 1999

BUlng #:

Totll Pages (+ cover): 16

.--_..._----_._-

JG-CL0147876

App 002

Case 1:05-cv-00231-EJD

Document 72-3

Filed 11/29/2006

Page 2 of 7

JZ Buckingham Investments LLC

November -' 1999

Deutsche Bane Alex Brown Attn: Mr. David Parse 222 West Adas Street
Sui te 1900

Chicago, IL 60606

To Whom It May Concer:

Pleas use this letter as youI authorization to wire transfer $ from my account
JZ Buckigham Investments LLC, Account No. 222~ 1 0 l53~ 12, to the following entity:

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

Than you for your attention to this matter.

Sincerely,

Jerr Zucker, Member

CHICAGO 16902, I. 461

49.00l

JG-CL0147877

App 003

Case 1:05-cv-00231-EJD

Document 72-3

Filed 11/29/2006

Page 3 of 7

JZ Buckigham Investments LLC

November ~ i 999

VIA TELECOPY (312) 4246019
Mr. David Parse Deutsche Bane Alex. Brown

222 West Adas Street
Suite 1900 Chicago, IL 60606

Re: JZ Buckingham Investments LLC

Account No. 222-10153-12
Dear Mr. Parse:
Please note frm the atthed assigrent that the option positions in the abovereferenced account have been assigned to JBJZ Parers, Account No. 222-10155-10 effective as
of

November -l, 1999. Please reflect such assignent in yourrecords.
Than you.
Very trly yours,

Jerr Zucker, Member

CHICAGO i 6902 , ).46149.00001

JG-CL0147878

App 004

Case 1:05-cv-00231-EJD

Document 72-3

Filed 11/29/2006

Page 4 of 7

JZ Buckingbam Investments LLC

November ,;~, 1999

YJA TELECOPY (312) 4246019
Mr. David Parse Deutsche Bane Alex. Brown 222 West Adam Street Suite 1900 Chicago, IL 60606
Re: JZ Buckigham Investments LLC

Account No. 222-10153-12
Dear Mr. Parse:

This letter constitutes your authorization to transfer all remaining cash from the abovereferenced account, JZ Buckingham Investments LLC to JBJZ Parers, ACcOlmt No. 222-10155-

10 effective immediately.
111ank you.

Very trly your,

Jer Zucker, Member

CHlC'.AGO 16902 y 1.46149.00001

JG-CL0147879

App 005

Case 1:05-cv-00231-EJD

Document 72-3

Filed 11/29/2006

Page 5 of 7

ASSIGNMNT AGREEMENT

TilS AGREEMENT is made the 24~' day of

Novemr, 1999

BETWEEN:

(t) JZ BUClONGHA INVESTMENTS LLC whose offce Is ai16 Buckingham Drive, Charleston, Sou th
Carolina 29407 (tbe "Original Part"),

(2) DEUTSCHE BANK AG acöng through Its CblcagoBranch with an offce at 222 West Adams Street, Suite 1900, Cbicago,lliinois 60606 (the "CouDterpart").

(3) JBJZ PARTNERS whose omce Is at 16 Bueldngbam Drive, Charleston, South Carolina 29407 (the
"New Party").

WHEREAS:

(A) By the transaction(s) mae by telephone and evidenced by exchages ofletter, Telex or SWIFT conrirtions,

brief details of which are set out in the Schedule to ths Agrment (the "Originl Trasactions") the
the pares, that subject to the terms of

Counterpary and the Original Par assumed the rights and poteti future contractual duties set out therein.

ths Agreement the New Par shall be assigned the

(B) It is the desire of

financial position of the Originl Pary and shall assume the rights and potential future contractual duties the Original Par under the Original Tranactions (such resulting transactions shall be equivalent to those of the "New Transactions").
IN CONSlDERA nON OF THE COVENANTS, ASSUMTIONS AN ACKNOWLEDGEMENTS RECORDED HEREIN TI PARTIES HEREBY AGREE TIT:

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

1.1 The Original Part

hereby assigns, trfers and conveys to the New Par the ficial positions described as

the Original Trasactions set out in the Schedule to ths Agreeent.

1.2 The New Part underes to the Counterpar to perform the potential futue contractual duties and be. bound the Counterpai in every way as ìfthe New Par were and the New Transaction(s) in favor of
by the term of

had been a par to the Original Transaction(s) as the Orgin Part on identical term to the tenn of the

Original Tiaosactons.

1.3 As of the Effective Date the Counterpar LWdertes to the New Par to performNew potential future the the Par in every way
the New Tranaction(s) in favor of contractul duties and be bOWld by the terms of

as if the New Par were and had been a par to the Original Transactìon(s) as the Original Part on identical
tenu to the tenu of

the Originl Tranactionts).
legal costs and expenses) incured

2. Each par wil bearits own costs and expenses (including withutlimtation, all

by it in connection with the negotiation, prearation and execution of this Agreement.

CHJCAGO 16902 v I. Q6149.00001

JG-CL0147880

App 006

Case 1:05-cv-00231-EJD

Document 72-3

Filed 11/29/2006

Page 6 of 7

which wil be deemed an original.
3. TIs Agreement may be executed in counterpars, each of

New York.
4. 1bis Agreement shall be governed by and constned in acoordace with the laws of the State of

IN WITNESS whereof

the pares hereto have caused this Agreement to be duly executed the day and year rust wrirten.

SIGNED for and on behalf of

JZ BUCKIGHA INVESTMENTS LLC

'b.__

Jerr Zucker, Membe

SIGNED for and on behalf of DEUTSCHE BANK AG acting

through its Chicago Branch

SIGNED for and on behalf of JBJZ PARTNERS

i

Jerr Zucker, General Parter

49.0000l CHlCAOO 16902 v I. 46 1

JG-CLOH7881

App 007

Case 1:05-cv-00231-EJD

Document 72-3

Filed 11/29/2006

Page 7 of 7

SCHEDULE

P-lg;RIPllON OF ORIGINAL 'tRASACTIONS

Ori~ìnal FX DÜÜta Option Transactions:

Transaction

Trade Date

Iermtion
Date
22 Dee 99

Premium Amount Refernce Number

1
2-

23 Nav 99 23 Nov 99

$20,000,000 ex27919A

22 Dee 99

$19,000,000 ex27919A

CHICAGO i 6902, i. 46149.00001

JG-CL0147882

App 008