Free MEMORANDUM in Support - District Court of Delaware - Delaware

Case 1 :05-cv—OO561-SLR Document 15-2 Filed O1/O9/2007 Page 1 013
ATTACHMENT A

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ATTACHMENT A - CLAIM SUMMARY
The Direct Claims of the PDH Foreign Entities against the Exide Foreign Entities (all nondebtors)6:
Claim asserted Claim Sales Causes of action asserted Principal Amounts 0f
by: asserted Agreement (all are within the First claim, per complaint:
against7: between the Complaint):
parties:
Pacific Dunlop Exide The UK (i) Breach of contract (refusal to 2,262,213 Pounds
Holdings Holding Agreement tum over cash held at time of Sterling
(Europe) Limitedg Europe, a (stock sale) closing);
French (ii) Conversion (wrongful taking of
company cash from bank accounts);
(iii) Unjust enrichment,(quasi-
contract) from unplamied windfall
` to defendant in retaining cash
P.D. Exide The European (i) Breach of contract; 126,158,3 52 Belgian
International Pty Holding Agreement (ii) Conversion; Francs;
Limitedg Europe, a (stock sale) (iii) Unjust enrichment 294,693 FNN;
and French 13,409,947 French
Pacific Dunlop company (as above) Francs;
Holdings 186,060 German
(Europe) Limited Marks;
1,023,778,743 Italian
Lire
Pacific Dunlop Exide The Hong (i) Breach of contract; 791,524 US dollars
Holdings (Hong Holding Asia Kong/PRC (ii) Conversion;
Kong) Limited Pte. Limited, Agreement (iii) Unjust enrichment
a Singapore (stock sale)
co oration (as above)
Pacific Dunlop Exide The India (i) Breach of contract; 396,817 US dollars
Holdings Holding Asia Agreement (ii) Conversion;
(Singapore) PTE. Pte. Limited, (iii) Unjust enrichment
Ltd. a Singapore
co yoration (as above)
Pacific Dunlop Exide The Singapore (i) Breach of contract; 278,446 US dollars
Holdings Singapore Agreement (ii) Conversion;
(Singapore) PTE. Pte. Limited, (asset sale) (iii) Unjust enrichment
Ltd. a Singapore
corporation (as above)
6 Source: Complaint, No. 01 L 008460 (Cook Co., Ill. Cir. Ct), Appendix ("A-") pp. A-0138 — A-0149.
7 Names of the Exide Foreign Entities are shown as they were at time of Complaint. As described in the Disclosure
Statement (A-0489), new Dutch entities were to be created to hold the interests of Exide Holding Europe and Exide
Holding Asia. However per the Bankruptcy Court’s Confirmation Order, "any claims of the Pacific Dunlop
Holdings Entities against non-Debtor subsidiaries of the Debtors are not affected hereby" (i..e., not affected by
confirmation and the vesting of the estate’s property back in the Debtor, subject only to the Plan). A-0570.
8 In US dollars, the total claim of PDH Europe against Exide Holding Europe, under the UK Agreement and the
European Agreement, was $6,665,051.
9 In US dollars, the total claim of P.D. lnt’l Pty Limited against Exide Holding Europe, under the European
Agreement, was $1,788,054.
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Case 1 :05-cv-00561-SLR Document 15-2 Filed 01/O9/2007 Page 3 of 3
ATTACHMENT A - CLAIM SUMMARY
All the PDH entity Direct Claims against the Debtor, in both Complaintsw:
Claim asserted Claim Sales Causes of action asserted and in Principal Amount of
by: asserted Agreement: which Complaint: claim, per complaint:
a ainst:
Pacific Dunlop Exide Corp. The USA First Complaint-- 818,630 Canadian
Holdings (USA), (debtor) Agreement (i) Breach of contract; dollars;
Inc. (n/k/a Exide (stock sale) (refusal to turn over cash held at 1,330,800 US dollars;
Technologies, time of closing); 91,000 US dollars;
I Inc.) (ii) Conversion (wrongful taking of 3,843,501 US dollars;
cash from bank accounts); 949,516, US dollars
(iii) Unjust enrichment (quasi-
contract)
Pacific Dunlop Exide Corp. The USA Second Complaint-- 3,144,418.24 US dollars
Holdings (USA), (debtor) Agreement Breach of contract (failure to
Inc. (n/k/a Exide (stock sale) obtain replacement letters of credit
Technologies, to secure certain obligations to
Inc.) insurer
10 Source: Complaint, No. 01 L 008460 (Cook Co., Ill. Cir. Ct), App. pp. A-0138 — A-0149; Source: Complaint, No.
01 L 015589 (Cook Co., Ill. Cir. Ct). A-0151— A-0155.
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