Email to Argentina’s officials and to Mediator Pollack
Subject: according to Argentina’s MSA my bonds DE0001308609 and DE0001300200 should be eligible for the “Standard Offer”.
Dear Finance Minister Caputo,
Dear Finance Secretary Bausili,
Dear Coordinator Colazo,
Dear Mediator Pollack,
Fact is that according to Argentina’s "Master Settlement Agreement" (MSA) as of February 8, 2016, only the avoidance of the "contractual prescription" (that means the timely presentation of my bonds DE0001308609 and DE0001300200 to the paying agent within the 10 years’ "contractual prescription period” after maturity) was preconditioned for the participation in the "Standard Offer".
Quotation from the MSA->
"Prescribed Claims” means claims (whether for principal or
interest) arising under defaulted Republic of Argentina bonds as to
which the contractual prescription period set out in the relevant
instrument evidencing those bonds has expired.
Please see also ->
“Republic of Argentina Master Settlement Agreement.pdf” ->
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My bonds DE0001308609 and DE0001300200 are according to the MSA not “Prescribed Claims” because they were presented on time in 2006, far within the 10 years’ contractual prescription period. As a proof, I have already sent to you also the original "certification of presentment".
Please see also the confirmation by Clearstream Banking ->
“certificate of presentment.pdf”->
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The avoidance of the "statute of limitations" (12 years after maturity) was
NOT preconditioned for the participation in the "Standard Offer", so it should be obsolete.
Nevertheless, Argentina’s moratorium declaration in 2001 repealed the 12 years “statute of limitations” for those like me who agreed tacitly Argentina’s moratorium and did not remind or sue Argentina for full repayment. (tacit agreement)
Please see->
BGH (Highest German Court) Judgment regarding paragraph 212 of the German Civil Code (BGB) to the Interruption of the statute of limitations by acknowledgment. BGH, judgment as of 20 June 2002 - IX ZR 444/00:
"According to the case-law of the Federal Supreme Court, it is sufficient for an interruption of the statute of limitations by acknowledging any - even purely actual - behavior of the debtor against the creditor from which the awareness of the existence of the claim is - at least in principle - unambiguous...”
If a creditor tacitly (tacitly means that the creditor neither reminds nor sues) accepts the debtor's moratorium (moratorium means debt acknowledgement with only payment deferral) then a so-called “tacit agreement” between the debtor and the creditor ensues. In this case, the “statute of limitations” is repealed. That was my case. I did not need to sue Argentina to repeal the “statute of limitations”.
For more details please see the documents below->
“why my bonds should be eligible for the standard offer despite not suing the republic.pdf”->
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why my bonds should be eligible to the Standard Offer.pdf ->
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eMail to Argentina's officials_1.pdf ->
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eMail to Argentina's officials_2.pdf ->
https://files.acrobat.com/a/preview/16aadf54-2395-4509-b0a9-b602ef4bf2d0
email to Argentina's officials_3.pdf ->
https://files.acrobat.com/a/preview/a913e0d4-33f7-4de7-933e-56c20bcabbdf
Law N° 27249.pdf ->
https://files.acrobat.com/a/preview/5d0905e3-7f95-41e9-bbdc-df35dfbd59b3
bond terms for DE0001308609_.pdf ->
https://files.acrobat.com/a/preview/14b3b1a9-8504-4344-8dd0-4e9e6aad63e4
Please help to find a good-faith solution for me and other affected bondholders without a full expropriation.
Kind Regards