Case 1:08-cv-06978-TPG Document 746 Filed 02/17/15 Page 1 of 11

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
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:
NML CAPITAL, LTD.,
:
:
Plaintiff,
:
:
- against :
:
THE REPUBLIC OF ARGENTINA,
:
:
Defendant.
:
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:
AURELIUS CAPITAL MASTER, LTD. and
:
ACP MASTER, LTD.,
:
:
Plaintiffs,
:
:
- against :
:
THE REPUBLIC OF ARGENTINA,
:
:
Defendant.
:
:
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:
AURELIUS OPPORTUNITIES FUND II, LLC
:
and AURELIUS CAPITAL MASTER, LTD.,
:
:
Plaintiffs,
:
:
- against :
:
THE REPUBLIC OF ARGENTINA,
:
:
Defendant.
:
:
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08 Civ. 6978 (TPG)

09 Civ. 1707 (TPG)
09 Civ. 1708 (TPG)

09 Civ. 8757 (TPG)

09 Civ. 10620 (TPG)

10 Civ. 1602 (TPG)

10 Civ. 3507 (TPG)

(captions continue on following pages)

DECLARATION OF CHARLES E. ENLOE IN OPPOSITION TO

CITIBANK N.A.S MOTION TO MODIFY THE INJUNCTION

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AURELIUS CAPITAL MASTER, LTD. and
:
AURELIUS OPPORTUNITIES FUND II, LLC,
:
:
Plaintiffs,
:
:
- against :
:
THE REPUBLIC OF ARGENTINA,
:
:
Defendant.
:
:
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BLUE ANGEL CAPITAL I LLC,
:
:
Plaintiff,
:
:
- against :
:
THE REPUBLIC OF ARGENTINA,
:
:
Defendant.
:
:
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OLIFANT FUND, LTD.,
:
:
Plaintiff,
:
:
v.
:
:
THE REPUBLIC OF ARGENTINA,
:
:
Defendant.
:
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PABLO ALBERTO VARELA, et al.,
:
:
Plaintiff,
:
:
v.
:
:
THE REPUBLIC OF ARGENTINA,
:
:
Defendant.
:
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3029227.1

10 Civ. 3970 (TPG)

10 Civ. 8339 (TPG)

10 Civ. 4101 (TPG)

10 Civ. 4782 (TPG)

10 Civ. 9587 (TPG)

10 Civ. 5338 (TPG)

Case 1:08-cv-06978-TPG Document 746 Filed 02/17/15 Page 3 of 11

I, Charles E. Enloe, declare as follows:

1.

I am an associate at the law firm of Friedman Kaplan Seiler & Adelman

LLP, counsel to Plaintiffs Aurelius Capital Master, Ltd., ACP Master, Ltd., Aurelius
Opportunities Fund II LLC, and Blue Angel Capital I LLC (along with NML Capital, Ltd.,
Olifant Fund, Ltd., and Pablo Alberto Varela, et al., the Plaintiffs) in the above-captioned
actions, and am a resident in the firms New York office.
2.

I make this Declaration to put before this Court certain documents related

to Citibank, N.A.s (Citibank) motion seeking modification of this Courts Amended February
23, 2012 Orders. The attached documents were assembled either by me or by other persons
working at my firm.
3.

Attached hereto are true and following copies of the following documents:
Exhibit 1: a Fiscal Agency Agreement between the Republic of Argentina
and Bankers Trust Company, Fiscal Agent, dated as of October 19, 1994.
Exhibit 2: the Amended February 23, 2012 Order entered by this Court,
on November 21, 2012, as Docket No. 425 in 08-cv-6978.
Exhibit 3:

Exhibit 4: a Market directory, dated October 29, 2012, published by

Euroclear Bank SA/NV (Euroclear).
Exhibit 5: a Clearstream Banking Luxembourg Directory, dated
September 2014, published by Clearstream Banking SA.
Exhibit 6: the transcript of the hearing held in these actions on June 27,
2014.
Exhibit 7: the transcript of the hearing held in these actions on July 22,
2014.

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Exhibit 8: the transcript of the oral argument held before the U.S. Court of
Appeals for the Second Circuit, on September 18, 2014, in Aurelius
Capital Master, Ltd., et al. v. The Republic of Argentina, No. 14-2689.
Exhibit 9: the Amended Order, dated September 19, 2014, entered by the
U.S. Court of Appeals as Docket No. 170 in Aurelius Capital Master, Ltd.,
et al. v. The Republic of Argentina, No. 14-2689.
Exhibit 10: the transcript of the hearing held in these actions on
September 26, 2014.
Exhibit 11: a Prospectus Supplement, dated January 10, 2005, filed by the
Republic of Argentina (the Republic) with the U.S. Securities and
Exchange Commission (the SEC).
Exhibit 12: a Prospectus Supplement, dated April 28, 2010, filed by the
Republic with the SEC.
Exhibit 13: a Prospectus, dated April 27, 2010, approved by the
Luxembourg Commission de Surveillance du Secteur Financier.
Exhibit 14: a prospectus dated December 28, 2004, filed by the Republic
with a German regulatory agency.
Exhibit 15: an offering document filed by the Republic with an Italian
regulatory agency in connection with its 2005 Exchange Offer.
Exhibit 16: a document, entitled Informacin Complementaria al Folleto
Informativeo de Canje de Obligaciones de la Repblica Argentina, dated
January 13, 2005, filed by the Republic with a Spanish regulatory agency.
Exhibit 17: an offering document, dated April 27, 2010, filed by the
Republic with an Italian regulatory agency.
Exhibit 18: a document, entitled Bekanntmachung gem 9 Abs. 3
Wertpapier-Verkaufsprospektgesetz, dated January 12, 2005, and
produced by the Republic in these actions bearing Bates range
ARGLAWBOND_00006444 to ARGLAWBOND_00006455.
Exhibit 19: additions to an offering document filed by the Republic with
an Italian regulatory agency in connection with its 2005 Exchange Offer.
Exhibit 20: a document produced by the Republic in these actions bearing
Bates range ARGLAWBOND_00006438 to ARGLAWBOND_00006443.

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Exhibit 21: a Luxembourg Addendum, dated January 10, 2005, to the

Prospectus Supplement, dated January 10, 2005, filed by the Republic
with the SEC.
Exhibit 22: a prospectus supplement, dated December 27, 2004, issued by
the Republic.
Exhibit 23: a document, dated January 12, 2005, filed by the Republic
with a Spanish regulatory agency.
Exhibit 24: a Supplement, dated April 30, 2010, to the Prospectus, dated
April 27, 2010, filed by the Republic and approved by the Luxembourg
Commission de Surveillance du Secteur Financier.
Exhibit 25: a
produced by
Citibank in these actions bearing Bates range CITI00003568 to
CITI00003569.
Exhibit 26:
produced by Citibank in these actions bearing Bates
number CITI00003576.
Exhibit 27:
produced by Citibank in these actions bearing Bates
number CITI00003582.
Exhibit 28: a
roduced by Citibank in these actions
bearing Bates number CITI00003588.
Exhibit 29:
roduced by Citibank in these actions bearing Bates number
CITI00003590.
Exhibit 30: notices, dated April 30, 2010, published in the Swiss Official
Gazette, and produced by the Republic in these actions bearing Bates
range ARGLAWBOND_00006134 to ARGLAWBOND_00006136.
Exhibit 31: a document, entitled
, produced by the
Bank of New York Mellon (BNY) in these actions bearing Bates range
BNYM00000061 to BNYM00000062.
Exhibit 32: portions of Argentine decree No. 1735, dated December 9,
2004, translated into English and filed by the Republic with the SEC.

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Exhibit 33: portions of Argentine decree No. 536, dated April 26, 2010,
translated into English and filed by the Republic with the SEC.
Exhibit 34: Exhibit I to Argentine decree No. 1735, dated December 9,
2004.
Exhibit 35: Exhibit II to Argentine decree No. 536, dated April 26, 2010.
Exhibit 36: Exhibit II to Argentine decree No. 1735, dated December 9,
2004.
Exhibit 37: Exhibit I to Argentine decree No. 536, dated April 26, 2010.
Exhibit 38: an advertisement that appeared in the Wall Street Journal on
January 14, 2005.
Exhibit 39: an advertisement that appeared in the Financial Times on
January 14, 2005.
Exhibit 40: an advertisement that appeared in the Wall Street Journal on
April 30, 2010.
Exhibit 41: an advertisement that appeared in the Financial Times on
April 30, 2010.
Exhibit 42: an advertisement that appeared in the Luxemburger Wort on
April 30, 2010.
Exhibit 43: a document, entitled
, produced by Barclays Capital Inc.
(Barclays) in these actions bearing Bates range BCI_0006409 to
BCI_0006514.
Exhibit 44: a document produced by Barclays in these actions bearing
Bates range BCI_0013044 to BCI_0013105.
Exhibit 45: a document, entitled
produced by
Barclays in these actions bearing Bates range BCI_0006385 to
BCI_0006408.
Exhibit 46: a document, entitled
, produced by Barclays in these actions
bearing Bates range BCI_0011121 to BCI_0011141.
Exhibit 47: an email from Daniel J. Northrop to Charles E. Enloe and
others, dated November 26, 2014.
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Exhibit 48: the Republics Supplemental Responses and Objections to

Plaintiffs Interrogatories and Document Requests, dated October 31,
2014.
Exhibit 49:
of
a spreadsheet produced by Citibank in these actions bearing Bates number
CITI00003820.
Exhibit 50: a spreadsheet produced by BNY in these actions bearing
Bates number BNYM00001592.
Exhibit 51: a spreadsheet produced by Euroclear in these actions bearing
Bates number EUR00001369.
Exhibit 52: a Luxembourg Listing Supplement, dated June 10, 2005,
supplemental to the Prospectus Supplement, dated January 10, 2005, filed
by the Republic with the SEC.
Exhibit 53: a screenshot from the website of the Bourse de Luxembourg,
concerning bonds with ISIN ARARGE03E154.
Exhibit 54: a screenshot from the website of the Bourse de Luxembourg,
concerning bonds with ISIN ARARGE03E097.
Exhibit 55: a screenshot from the website of the Bourse de Luxembourg,
concerning bonds with ISIN ARARGE03G704.
Exhibit 56: a screenshot from the website of the Bourse de Luxembourg,
concerning bonds with ISIN ARARGE03E113.
Exhibit 57: a screenshot from the website of the Bourse de Luxembourg,
concerning bonds with ISIN ARARGE03G688.
Exhibit 58: a screenshot from the website of the Brse Frankfurt,
concerning bonds with ISIN ARARGE03E097.
Exhibit 59: a screenshot from the website of the Boerse Stuttgart
concerning bonds with ISIN ARARGE03E097.
Exhibit 60: a screenshot from the website of the Frankfurter Allgemeine,
concerning bonds with ISIN ARARGE03E154.
Exhibit 61: an email from Carlo Oly to Alexandra Cook, dated October 9,
2014.

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Exhibit 62: a Listing Memorandum, dated November 24, 1998, issued by

the Republic with respect to 8.75% Bonos del Tesoro of the Republic of
Argentina due May 9, 2002.
Exhibit 63: a Listing Memorandum, dated May 25, 2000, issued by the
Republic with respect to Floating Rate Bonos del Tesoro of the Republic
of Argentina due July 21, 2003.
Exhibit 64: a document, entitled
,
produced by Citibank in these actions.
Exhibit 65: a spreadsheet produced by Euroclear in these actions bearing
Bates number EUR 00000002.
Exhibit 66: a spreadsheet produced by Euroclear in these actions bearing
Bates number EUR 00000003.
Exhibit 67: a spreadsheet produced by Euroclear in these actions bearing
Bates number EUR 00000004.
Exhibit 68: a spreadsheet produced by Euroclear in these actions bearing
Bates number EUR 00000005.
Exhibit 69: a spreadsheet produced by Euroclear in these actions bearing
Bates number EUR 00000006.
Exhibit 70: a spreadsheet produced by Euroclear in these actions bearing
Bates number EUR 00000007.
Exhibit 71: a spreadsheet produced by Euroclear in these actions bearing
Bates number EUR 00000008.
Exhibit 72: a spreadsheet produced by Euroclear in these actions bearing
Bates number EUR 00000009.
Exhibit 73: a spreadsheet produced by Euroclear in these actions bearing
Bates number EUR 00000010.
Exhibit 74: a spreadsheet produced by Euroclear in these actions bearing
Bates number EUR 00000011.
Exhibit 75: a spreadsheet produced by Euroclear in these actions bearing
Bates number EUR 00000012.

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Exhibit 76: Post-Effective Amendment No. 1, filed by the Republic with

the SEC on December 23, 2004, to a Registration Statement filed by the
Republic with the SEC.
Exhibit 77: a Registration Statement filed by the Republic with the SEC
on December 16, 2009.
Exhibit 78: a chart, entitled Exhibit A, produced by the Republic in
these actions on December 23, 2014.
Exhibit 79:
of a spreadsheet
produced by BNY in these actions bearing Bates number
BNYM00001554.
Exhibit 80: a document, entitled DFCI SUBPARAGRAPH (i),
produced by the Republic on December 23, 2014 in response to Plaintiffs
Interrogatory No. 4.
Exhibit 81: a certified translation of Argentine Law No. 23982, ratified
August 21, 1991.
Exhibit 82: a certified translation of Argentine Decree No. 2140/91, dated
October 10, 1991.
Exhibit 83: a certified translation of Argentine Law No. 24411, passed by
Congress December 7, 1994.
Exhibit 84: a certified translation of Argentine Decree No. 726/97, dated
August 4, 1997.
Exhibit 85: a certified translation of Argentine Resolution No. 389/97,
dated September 4, 1997.
Exhibit 86: a certified translation of Argentine Decree No. 1319/98, dated
November 6, 1998.
Exhibit 87: a certified translation of Argentine Resolution No. 562/98,
dated December 9, 1998.
Exhibit 88: a certified translation of portions of Argentine Law No.
25,401, enacted December 12, 2000.
Exhibit 89: a certified translation of Argentine Resolution No. 111/2001,
dated May 14, 2001.
Exhibit 90: a certified translation of portions of Argentine Law No.
24,130, enacted September 2, 1992.
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Exhibit 91: a certified translation of Argentine Decree No. 684/93, dated

April 13, 1993.
Exhibit 92: the Annual Report filed by the Republic with the SEC, on
Form 18-K, with respect to the year ending December 31, 2010.
Exhibit 93: an English version of the Agreement for the Amicable
Settlement and Compromise of Expropriation, dated February 27, 2014,
entered into by the Republic, Repsol, S.A. (Repsol), and certain
affiliates of Repsol.
Exhibit 94: Argentine Resolution No. 26/2014, dated April 30, 2014.
Exhibit 95: an Official Notice, dated May 8, 2014, issued by Repsol.
Exhibit 96: an Official Notice, dated May 13, 2014, issued by Repsol.
Exhibit 97: Notice of Repsol Energy North America Corporations
Objections to Subpoena, dated November 7, 2014.
Exhibit 98: Tab A.1.11 of the Public Debt report, dated June 30, 2014,
issued by the Republic with respect to the second quarter of 2014.
Exhibit 99: A bimonthly report, covering September and October 2014,
issued by the Argentine social security agency (ANSES).
Exhibit 100: A quarterly report, covering the first quarter of 2012, issued
by ANSES.
Exhibit 101: A quarterly report, covering the second quarter of 2012,
issued by ANSES.
Exhibit 102: A quarterly report, covering the third quarter of 2012, issued
by ANSES.
Exhibit 103: A quarterly report, covering the fourth quarter of 2012,
issued by ANSES.
Exhibit 104: A quarterly report, covering the first quarter of 2013, issued
by ANSES.
Exhibit 105: A quarterly report, covering the second quarter of 2013,
issued by ANSES.
Exhibit 106: A quarterly report, covering the third quarter of 2013, issued
by ANSES.
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