Subject: RE: 650 Fifth Avenue
From: "Marc X. LoPresti" <[email-masked]>
To: "'Winter, John D. \(x2836\)'" <[email-masked]>
Cc: "'Joe Tagliaferro'" <[email-masked]>
Date: Tue, 20 Apr 2010 14:17:09 -0400

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
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or take or refrain from taking any action in response to this message.

 

-----Original Message-----
From: Winter, John D. (x2836) [mailto:[email-masked]] 
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-masked]

www.pbwt.com

-----Original Message-----

From: Marc X. LoPresti [mailto:[email-masked]] 

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-masked]] 

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-masked]

www.pbwt.com

-----Original Message-----

From: Marc X. LoPresti [mailto:[email-masked]] 

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-masked]] 

Sent: Wednesday, April 07, 2010 7:54 PM

To: [email-masked]'

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.

 

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Privileged/Confidential Information may be contained in this message.  If
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Please advise

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(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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