EFTA Document EFTA01365553

exchange for its Securities, in good faith and without knowledge that the payments were avoidable. Nevertheless. since there is no judicial precedent relating to a structured transaction such as the Securities, there can be no assurance that a holder of Securities will be able to avoid recapture on this or any other basis. Lender Liability Considerations and Equitable Subordination. A number of judicial decisions in the United States and some non-U.S. jurisdictions have upheld the right of b