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SUBJECT:
RE: 650 Fifth Avenue
PRI: NORMAL
RECIPIENTS:
TO:
J
'Winter, John D. (x2836)'
<[email protected]>
CC:
J
'Joe Tagliaferro'
<[email protected]>
CONTENT:
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PROCESSED
John: See attached. Let me know if you need anything else in this regard. Best regards, Marc X. LoPresti, Esq. Tagliaferro & LoPresti, LLP New York Office: 45 Broadway, Suite 2200 New York, New York 10006 (212) 732-4029 (212) 232-2398 (fax) Los Angeles Office: 12400 Wilshire Boulevard, Suite 820 Los Angeles, California 90025 (310) 312-1860 (310) 445-1866 CONFIDENTIALITY NOTICE: The information contained in this electronic mail message is private and confidential and may contain Attorney-Client privileged information. It is intended only for the use of the individual or entity to whom it is addressed. The information may be privileged, proprietary and exempt from disclosure under applicable federal, state or other law. Any recipient of this electronic mail message other than the intended recipient is hereby notified not to disclose, distribute or copy this electronic mail message, or take or refrain from taking any action in response to this message. -----Original Message----- From: Winter, John D. (x2836) [mailto:[email protected]] Sent: Monday, April 19, 2010 6:41 PM To: Marc X. LoPresti Subject: RE: 650 Fifth Avenue Marc You indicated to me that your client has experienced financial distress and gave the impression that your client is liquidating or dramatically downsizing. I need support for your client's current condition. In addition, I need somewhat detailed information on how much your client has been receiving from its subletting of the space. John D. Winter Patterson Belknap Webb & Tyler LLP 1133 Avenue of the Americas New York, NY 10036 Tel: 212.336.2836 E-mail: [email protected] www.pbwt.com -----Original Message----- From: Marc X. LoPresti [mailto:[email protected]] Sent: Monday, April 19, 2010 11:41 AM To: Winter, John D. (x2836) Subject: RE: 650 Fifth Avenue John: I can provide you with information immediately. Can you give me some guidance as to what type of documentation you think they are looking for? Marc X. LoPresti, Esq. Tagliaferro & LoPresti, LLP New York Office: 45 Broadway, Suite 2200 New York, New York 10006 (212) 732-4029 (212) 232-2398 (fax) Los Angeles Office: 12400 Wilshire Boulevard, Suite 820 Los Angeles, California 90025 (310) 312-1860 (310) 445-1866 CONFIDENTIALITY NOTICE: The information contained in this electronic mail message is private and confidential and may contain Attorney-Client privileged information. It is intended only for the use of the individual or entity to whom it is addressed. The information may be privileged, proprietary and exempt from disclosure under applicable federal, state or other law. Any recipient of this electronic mail message other than the intended recipient is hereby notified not to disclose, distribute or copy this electronic mail message, or take or refrain from taking any action in response to this message. -----Original Message----- From: Winter, John D. (x2836) [mailto:[email protected]] Sent: Sunday, April 18, 2010 2:05 PM To: Marc X. LoPresti Subject: RE: 650 Fifth Avenue For Settlement Purposes Only Marc An Order is being entered by the federal judge overseeing the litigation involving 650 Fifth and the Alavi Foundation appointing a special monitor to review and approve, among other things, lease amendments. The Special Monitor is former Mag. J. Kathleen Roberts. We have generally advised her of our negotiations with you and based on these conversations, we are going to need documentation of your client's financial distress to obtain approval of any lease modification. Please let us know when you can provide this information which we will agree to treat as confidential. John D. Winter Patterson Belknap Webb & Tyler LLP 1133 Avenue of the Americas New York, NY 10036 Tel: 212.336.2836 E-mail: [email protected] www.pbwt.com -----Original Message----- From: Marc X. LoPresti [mailto:[email protected]] Sent: Thursday, April 08, 2010 10:17 AM To: Winter, John D. (x2836) Subject: FW: 650 Fifth Avenue See below. John -- I reversed the "b" and the "w" in your email when sending last night. My apologies. Please let me know that you received this email. Marc X. LoPresti, Esq. Tagliaferro & LoPresti, LLP New York Office: 45 Broadway, Suite 2200 New York, New York 10006 (212) 732-4029 (212) 232-2398 (fax) Los Angeles Office: 12400 Wilshire Boulevard, Suite 820 Los Angeles, California 90025 (310) 312-1860 (310) 445-1866 CONFIDENTIALITY NOTICE: The information contained in this electronic mail message is private and confidential and may contain Attorney-Client privileged information. It is intended only for the use of the individual or entity to whom it is addressed. The information may be privileged, proprietary and exempt from disclosure under applicable federal, state or other law. Any recipient of this electronic mail message other than the intended recipient is hereby notified not to disclose, distribute or copy this electronic mail message, or take or refrain from taking any action in response to this message. -----Original Message----- From: Marc X. LoPresti [mailto:[email protected]] Sent: Wednesday, April 07, 2010 7:54 PM To: '[email protected]' Subject: 650 Fifth Avenue John: My clients have asked me to convey the following offer to you in full settlement of their obligations under the lease at 650 Fifth Avenue, 17th Floor: 1) Your client's retention of the lease deposit of $192,000; 2) A "lump sum" payment of $35,000; 3) Assignment of Sublessees currently occupying the premises; and 4) Assignment of fixtures remaining on premises (conference table, chairs, furniture, etc.) to enable subtenants to continue in occupancy without further effort from 650. This shall not be deemed to be a complete statement of our Client's position, nor to waive any of our Client's rights and remedies, all of which are expressly reserved. Nothing herein may be deemed an admission or declaration against interest, or used as a prior inconsistent statement or for impeachment purposes, in any litigation, legal action or proceeding. I look forward to resolving this matter swiftly and amicably. Best regards, Marc X. LoPresti, Esq. Tagliaferro & LoPresti, LLP New York Office: 45 Broadway, Suite 2200 New York, New York 10006 (212) 732-4029 (212) 232-2398 (fax) Los Angeles Office: 12400 Wilshire Boulevard, Suite 820 Los Angeles, California 90025 (310) 312-1860 (310) 445-1866 CONFIDENTIALITY NOTICE: The information contained in this electronic mail message is private and confidential and may contain Attorney-Client privileged information. It is intended only for the use of the individual or entity to whom it is addressed. The information may be privileged, proprietary and exempt from disclosure under applicable federal, state or other law. Any recipient of this electronic mail message other than the intended recipient is hereby notified not to disclose, distribute or copy this electronic mail message, or take or refrain from taking any action in response to this message. ---------------------------------------------- Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or deliver this message to anyone. In such case, you should destroy this message and kindly notify the sender by reply email. Please advise immediately if you or your employer do not consent to Internet email for messages of this kind. ---------------------------------------------- IRS Circular 230 disclosure: Any tax advice contained in this communication (including any attachments or enclosures) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. (The foregoing disclaimer has been affixed pursuant to U.S. Treasury regulations governing tax practitioners.) ======================================================================== ==== == ---------------------------------------------- Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or deliver this message to anyone. In such case, you should destroy this message and kindly notify the sender by reply email. Please advise immediately if you or your employer do not consent to Internet email for messages of this kind. ---------------------------------------------- IRS Circular 230 disclosure: Any tax advice contained in this communication (including any attachments or enclosures) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. (The foregoing disclaimer has been affixed pursuant to U.S. Treasury regulations governing tax practitioners.) ============================================================================ ==
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