Free Affidavit - District Court of Delaware - Delaware

Case 1:04-cv—01266—SLR Document 274 Filed 05/31/2006 Paget of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
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In re ) Chapter 11
I
TELEGLOBE COMMUNICATIONS )
CORPORATION, etal., ) Jointly Administered
) Bankr. Case No. 02—11518 (MFW)
Debtors. )
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TELEGLOBE COMMUNICATIONS )
CORPORATION, etal., )
) C.A. N0. 04-4266 (SLR)
Plaintiffs, )
)
v- )
)
BCE, INC., et al., )
)
Defendants. )
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TRANSMITTAL AFFIDAVIT OF RUSSELL C. SILBERGLIED
STATE OF DELAWARE )
) ss.
COUNTY OP NEW CASTLE )
RUSSELL C. SILBERGLIED, being duly sworn, hereby deposes and says:
1. I am a director at Richards, Layton & Finger, PA., One Rodney Square,
920 N. King Street, Wilmington, Delaware i980l, oounsei to Plaintiffs in the above-captioned
proceeding.
2. I am admitted to appear before this Court and submit this affidavit in
support of ‘“Plaintiffs’ Answering Brief in Response to Defendants’ Motion In Limine to
Exclude the Testimony ofCa1·iyn Taylor and the Related Testimony of`Paui Charnetzki",.
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Case 1:04-cv—01266—SLR Document 274 Filed 05/31/2006 Page 2 of 4
3. Attached hereto as Exhibit I is a true and correct copy of Resolution No. 7
Adopted by the BCE inc. ("BCE") Board of Directors on November 28, 2001, as produced in
this litigation by Defendants.
4. Attached hereto as Exhibit 2 is a true and correct copy of the “Notice of
Filing of Additional Exhibit" (attaching copy of Commitment Letter, dated May i5, 2002),
which was tiled with the United States Bankruptcy Court for the District of Delaware (the
"Bankruptcy Cou1t”) on May 31, 2002.
5. Attached hereto as Exhibit 3 is a true and correct copy of the "Motion of
Debtors and Debtors in Possession for Entry of interim and Final Orders Authorizing First
Priority Secured Postpetition Financing, Pursuant to Section 364(c) of the Bankruptcy Code and
Rule 400i of the Federal Rules of Bankruptcy Procedure", which was tiled with the Bankruptcy
Court on May 30, 2002.
6. Attached hereto as Exhibit 4 is a true and correct copy of the cited pages
of the Transcript from the May 9, 2006 Deposition of Carlyn Taylor.
7. Attached hereto as Exhibit 5 is a true and correct copy of the cited pages
ofthe Transcript ofthe May 24, 2002 Hearing Before The Honorable Mary F. Walrath, United
States Bankruptcy Judge for the District of Delaware.
8. Attached hereto as Exhibit 6 is a true and correct copy of the April .23,
2002 Presentation to the BCE Board of Directors titled "Addressing Teleglobe and the SBC
Put", as produced in this litigation by Defendants.
9. Attached hereto as Exhibit 7 is a true and correct copy ofthe "Notice of (I)
Transaction Notice Filed with the Canadian Court Seeking Approval of Sale of Teleglobe
Cornpanies’ Core Business to Successful Bidder, (li) Decision Concerning Need for an Auction,
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(III) Seiection of Successfui Bidder, and (IV) Sale Hearing Date", which was tiled with the
Bankruptcy Court on September 20, 2002.
I0. Attached hereto as Exhibit 8 is e true and correct copy of the "Motion of
Debtors and Debtors in Possession for an Order Pursuant to Sections IOS and 363 of the
Bankruptcy Code and Bankruptcy Rule 9019 (I) Approving a Proposed Settlement Between
Debtors and TLGB Acquisition LLC Relating to the Sale of the Telegiobe Companies’ Core
Telecom Business and (II) Authorizing the Debtors to Consummate the Sale of the Core
Telecom Business in Accordance with the Terms and Conditions of Such Settle1nent”, tiled with
the Bankruptcy Court on April 29, 2003r
ll. Attached hereto as Exhibit 9 is a true and correct copy of the cited pages
ofthe Transcript Horn the October 2i, 2005 Deposition of John Brunette.
Russell C. Si1berg1ied'(No. 3462)
Sworn to before me this _3_[§L
day of May, 2006 \
.
My Commission Expires *//17% 7
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Case 1:04-cv—01266—SLR Document 274 Filed 05/31/2006 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on May 31, 2006, I hand delivered and electronically tiled the
foregoing document with the Clerk of Court using CM/ECP, which will send notitication of such
filing(s) to the following:
Pauline K. Morgan, Esq. Joseph A. Rosenthal , Esq.
YOUNG CONAWAY STARGATT & ROSENTHAL, MON1·1AlT, GROSS &
TAYLOR, LLP GODDESS, RA.
The Brandywine Building 1401 Mellon Bank Center
1000 West Street, 17th Floor P.O. Box 1070
PO. Box 39l Wilmington, DE 19801
Wilmington, DE 19899
I hereby certify that on May 31, 2006, I have sent by Federal Express the foregoing
document to the following nomregistered participants:
John Amato, Esql George J. Wade, Esq.
Hahn & Hessen LLP Daniel Schiminel, Esq.
488 Madison Avenue SHEARMAN & STERLING LLP
New York, NY 10022 599 Lexington Avenue
New York, NY 10022
Russell C. Silltierglied (#3462)
[email protected]
Richards, Layton & Finger, P./—\.
One Rodney Square
PD. Box 551
Wilmington, Delaware 19899
(.302) 651-7700
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