Free Declaration in Support - District Court of California - California

Case 5:07-cv-05069-JW

Document 15

Filed 02/06/2008

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
D ECHERT LLP
ATTORNEYS AT LAW SAN FRANCISCO

NICOLLE L. JACOBY (admitted pro hac vice) [email protected] OLIVIER P. STRAUCH (admitted pro hac vice) [email protected] DECHERT LLP 30 Rockefeller Plaza New York, NY 10112-2200 Telephone: 212.698.3500 Facsimile: 212.698.3599 H. JOSEPH ESCHER III (No. 85551) [email protected] FRANCE JAFFE (No. 217471) [email protected] DECHERT LLP One Maritime Plaza Suite 2300 San Francisco, CA 94111-3513 Telephone: 415.262.4500 Facsimile: 415.262.4555 Attorneys for Defendants AIG MATCHED FUNDING CORP., AIG FINANCIAL SECURITIES CORP., AIG FINANCIAL PRODUCTS CORP., AMERICAN INTERNATIONAL GROUP, INC., and BANQUE AIG

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

RICHARD T. THIERIOT, an individual, Plaintiff, v. AIG MATCHED FUNDING CORP., AIG FINANCIAL SECURITIES CORP., AIG FINANCIAL PRODUCTS CORP., AMERICAN INTERNATIONAL GROUP, INC., BANQUE AIG, and DOES ONE THROUGH THIRTY, inclusive, Defendants.

Case No. C-07-05069 JW RS Action Filed: October 7, 2007 DECLARATION OF OLIVIER P. STRAUCH IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS AND STRIKE Date: Time: Dep't: Judge: April 7, 2008 9:00 a.m. Courtroom 8, 4th Floor Honorable James Ware

DECL. OF OLIVIER P. STRAUCH ISO DEFS.' MOT. TO DISMISS & STRIKE

C-07-05069 JW RS

Case 5:07-cv-05069-JW

Document 15

Filed 02/06/2008

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
D ECHERT LLP
ATTORNEYS AT LAW SAN FRANCISCO

I, Olivier P. Strauch, declare as follows: 1. I am an attorney at law licensed to practice in the States of New York and

Maryland and the District of Columbia. I am an associate at the law firm of Dechert LLP, counsel of record for Defendants AIG Matched Funding Corp., AIG Financial Securities Corp., AIG Financial Products Corp., American International Group, Inc., and Banque AIG in this action, and have been admitted pro hac vice by Order of the Hon. J. Ware, dated January 31, 2008. Unless otherwise indicated, I have personal knowledge of the matters stated herein, and I could, and would, competently testify thereto if called upon as a witness. 2. Attached as Exhibit A is a true and correct copy of the ISDA Master Agreement,

dated March 14, 2000, executed by Banque AIG, London Branch and J.P. Thieriot Investment Group, LLC, including the ISDA Schedule to the Master Agreement, dated March 14, 2000, and the General Guarantee Agreement of American International Group, Inc., dated May 20, 1997. 3. Attached as Exhibit B is a true and correct copy of written confirmation of the

"Share Option Transaction I (Banque AIG Call)," dated March 14, 2000, executed by Banque AIG, London Branch and J.P. Thieriot Investment Group, LLC. 4. Attached as Exhibit C is a true and correct copy of written confirmation of the

"Share Option Transaction II (Trust Call)," dated March 14, 2000, executed by Banque AIG, London Branch and J.P. Thieriot Investment Group, LLC. 5. Attached as Exhibit D is a true and correct copy of the Note Purchase Agreement,

dated March 14, 2000, executed by AIG Matched Funding Corp. and J.P. Thieriot Investment Group, LLC. 6. Attached as Exhibit E is a true and correct copy of written Bond Power, dated

March 13, 2000, executed by J.P. Thieriot Investment Group, LLC, with attached copy of executed AIG Matched Funding Corp. Zero Coupon Notes Due June 15, 2000.

DECL. OF OLIVIER P. STRAUCH ISO DEFS.' MOT. TO DISMISS & STRIKE

C-07-05069 JW RS

-1-

Case 5:07-cv-05069-JW

Document 15

Filed 02/06/2008

Page 3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
D ECHERT LLP
ATTORNEYS AT LAW SAN FRANCISCO

7.

Attached as Exhibit F is a true and correct copy of the Pledge Agreement, dated

March 13, 2000, executed by Banque AIG, London Branch and J.P. Thieriot Investment Group, LLC. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this __ day of February 2008, at New York, New York. ___________________________________ OLIVIER P. STRAUCH

DECL. OF OLIVIER P. STRAUCH ISO DEFS.' MOT. TO DISMISS & STRIKE

C-07-05069 JW RS

-2-