Re: Fwd: Hollinger: Proposed Amendment to Cardinal Agreement: ACTION REQUESTED BY...
yes
--- DKIESQ@aol.com wrote:
May I tell Ronit Setton that Ronit has authority to
sign the amendment on
LHW's behalf?Please advise.
Darren
Subject: Hollinger: Proposed Amendment to Cardinal
Agreement: ACTION
REQUESTED BY TODAY
To: cecilia@ellmax.com, dkiesq@aol.com
From: "Ronit Setton" Ronit.Setton@cwt.com
Date: Wed, 7 Dec 2005 12:08:36 -0500Last night, we received an email from Jim Van Horn
(attached below)
stating that Hollinger International is in
settlement talks with Torys LLP,
which represented Hollinger International, Hollinger
Inc. and Ravelston.
As a condition to the settlement, Torys is seeking a
release from the
independent directors. We had a call with Van Horn
and counsel for the
independent directors this morning to discuss the
attached draft amendment
to the Cardinal settlement agreement providing for a
Torys release. Based
on comments made during the call, Jim Van Horn is in
the process of
revising the amendment to clarify that Torys'
release of the Cardinal
Settling Directors will be at least as broad as the
Cardinal Settling
Directors' release of Torys. In addition, the
amendment will provide that
the Cardinal Settling Directors' release of Torys
will not be effective
until the Cardinal Settling Directors receive the
release from Torys.
Assuming that the language in the revised amendment
is acceptable, we
recommend that Mr. Wexner consent to having us sign
the amendment on his
behalf. Pursuant to the agreement, Mr. Wexner would
then be required to
sign the agreement within thirty days after counsel
signs. Counsel for the
other independent directors are also recommending
that their clients sign
the agreement provided that there are no issues with
the revisions.This morning, Jim Van Horn asked that we sign the
amendment by the close of
business today because he is trying to finalize the
Torys settlement today.
As soon as we have the final version, we will
forward it to you. Once you
receive it, please confirm that we are authorized to
sign it. We apologize
for the short notice, which is beyond our control.
As you can see from the
e-mail string below, this request just came up.Regards, Ronit
Ronit Setton
Cadwalader, Wickersham & Taft LLP
One World Financial Center
New York, NY 10281
(212) 504-6130
fax: (212) 504-6666----- Forwarded by Amanda Kosowsky/NY/CWT on
12/07/2005 11:25 AM -----"Van Horn, James" <jvanhorn@Hollinge To: "Van Horn, James" <jvanhorn@Hollingerintl.com>,abeaumont@fklaw.com,
rintl.com>
Amanda.Kosowsky@CWT.com, "Vollmer, Andrew"
Andrew.Vollmer@wilmerhale.com,David.Brodsky@lw.com, David.McLean@lw.com,
dparker@kkwc.com, EGrosz@kkwc.com,
Office:
emcnally@morrisjames.com, GNash@GCD.com,
hoakene@bennettjones.ca,Kate.Hooker@CWT.com, "Cohen, Louis"
Louis.Cohen@wilmerhale.com,
12/07/2005 09:17
mchepiga@stblaw.com, MFitzpatrick@AkinGump.com,
Michael.Polonsky@blplaw.com, "Eckert,
AM
Paul" Paul.Eckert@wilmerhale.com,
PFishman@fklaw.com, PSaunders@Cravath.com,"Purohit, Ravi" Ravi.Purohit@wilmerhale.com,
"Reidy, Andrew" ReidyA@howrey.com,rkravitz@paulweiss.com, Ronit.Setton@CWT.com,
Seth.Friedman@lw.com,SSendero@Winston.com, TSimek@AkinGump.com,
TWMoss@BWM-Law.com, ZFeingold@stblaw.com,"Segal, Bruce L." BSegal@honigman.com
cc: mcnew@taylormcnew.com, "Rudzin, Abby"Subject: RE: Proposed Amendment to Cardinal
AgreementCounsel:
I am sending a revised Fourth Amendment. Only one
change has been made
from the version sent a short while ago. We have
added "its partners" after
Torys LLP in the body of the amended release
language.Jim Van Horn
From: Van Horn, James
Sent: Wednesday, December 07, 2005 8:54 AM
To: Van Horn, James; 'abeaumont@fklaw.com';
'Amanda.Kosowsky@CWT.com';
'Vollmer, Andrew'; 'David.Brodsky@lw.com';
'David.McLean@lw.com';
'dparker@kkwc.com'; 'EGrosz@kkwc.com';
'emcnally@morrisjames.com';
'GNash@GCD.com'; 'hoakene@bennettjones.ca';
'Kate.Hooker@CWT.com'; 'Cohen,
Louis'; 'mchepiga@stblaw.com';
'MFitzpatrick@AkinGump.com';
'Michael.Polonsky@blplaw.com'; 'Eckert, Paul';
'PFishman@fklaw.com';
'PSaunders@Cravath.com'; 'Purohit, Ravi'; 'Reidy,
Andrew';
'rkravitz@paulweiss.com'; 'Ronit.Setton@CWT.com';
'Seth.Friedman@lw.com';
'SSendero@Winston.com'; 'TSimek@AkinGump.com';
'TWMoss@BWM-Law.com';
'ZFeingold@stblaw.com'; 'Segal, Bruce L.'
Cc: 'mcnew@taylormcnew.com'; Rudzin, Abby
Subject: RE: Proposed Amendment to Cardinal
AgreementTo Counsel:
I am attaching a proposed Fourth Amendment to the
Cardinal Settlement
Agreement. In order to facilitate the settlement
with Torys that is being
finalized, I am requesting that this amendment be
executed by the close of
business today. I understand that this is short
timing, but I am hopeful
that you will conclude that the subject matter is
not controversial.We will discuss on our call this morning at 10:00.
Jim Van Horn
From: Van Horn, James
Sent: Tuesday, December 06, 2005 5:30 PM
To: abeaumont@fklaw.com; Amanda.Kosowsky@CWT.com;
Vollmer, Andrew;
David.Brodsky@lw.com; David.McLean@lw.com;
dparker@kkwc.com;
EGrosz@kkwc.com; emcnally@morrisjames.com;
GNash@GCD.com;
hoakene@bennettjones.ca; Van Horn, James;
Kate.Hooker@CWT.com; Cohen,
Louis; mchepiga@stblaw.com;
MFitzpatrick@AkinGump.com;
Michael.Polonsky@blplaw.com; Eckert, Paul;
PFishman@fklaw.com;
PSaunders@Cravath.com; Purohit, Ravi; Reidy, Andrew;
rkravitz@paulweiss.com; Ronit.Setton@CWT.com;
Seth.Friedman@lw.com;
SSendero@Winston.com; TSimek@AkinGump.com;
TWMoss@BWM-Law.com;
ZFeingold@stblaw.com; Segal, Bruce L.
Cc: 'mcnew@taylormcnew.com'
Subject: Proposed Amendment to Cardinal AgreementTo All Counsel:
Hollinger International is in settlement discussions
with Torys LLP
relating to claims that the Special Committee could
assert
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