This notice addresses the delivery of Lamington Road DAC’s (the “Company”) Annual Financial Statements for the year ended November 30, 2020 (the “2020 Financials”). As a result of the significant demands of the Company’s restructuring transaction completed in April 2021 and due to delays caused by the COVID-19 pandemic, the Company has required additional time to complete its financial closing procedures and reports, and was unable, without unreasonable effort or expense, to deliver such reports within 120 days after fiscal year end as required by Section 4.05 of the Indenture dated as of April 7, 2021 (the “Indenture”). The additional time required to finalize the Company’s 2020 Annual Financials is due, in part, because the Company was unable to engage its auditor until the Indenture was entered into by the relevant parties and the U.S. bankruptcy plan of reorganization in In re Emergent Capital, Inc., Case No. 20-12602 (BLS), filed in the U.S. Bankruptcy Court for the District of Delaware, became effective, with both occurring on April 7, 2021. The Company will post its 2020 Financials as soon as practicable.
For similar reasons and the focus on the 2020 Financials, the Company was unable to deliver and post its interim financial statement for the six month period ended May 31, 2021 within 90 days after such period end as also required by Section 4.05 of the Indenture. The Company intends to deliver and post its interim financial statements as soon as practicable.
Although the Company is unable to post its 2020 Financials and interim financial statements at this time, the Company has not redeemed any Notes through the Payment Priority Waterfall or in any other manner, each as defined in the Indenture.