Free Reply Brief - District Court of Delaware - Delaware

Case 1:04-cv-01543-SLR Document 18-3 Filed 05/06/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: Chapter ll
ONCO Investment Company, et al.,
Jointly Administered under
Debtcrs. Case No.: 04-10558 (DDS)
MW Post Portfolio Fund Ltd., etal., Adversary Proceeding
Appellants,
' against ' Case No.: 04-54122 (DDS)
Norwest Bank Minnesota, National
Association (n/k/a Wells Fargo Bank, MN, Civil Action NO; 044543 (SLR) _ Lead
National Association), et ul.
Appellees.
AFFIDAVIT OF SUSAN GEIGEL
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
SUSAN GEIGEL, being duly sworn, deposes and says as follows:
1. I am Director, Legal and Regulatory, of The Depository Trust Company
("DTC"), one of the defendants herein. I submit this affidavit in support of defendant-
appel1ees’ motion to dismiss consolidated appeals and in response to plaintiffs’ reply brief to
the motion to dismiss the appeals. I have personal knowledge of the facts set forth herein.

Case 1 :04-cv-01543-SLR Document 18-3 Filed 05/06/2005 Page 2 of 2
2. DTC’s books and records reflect that, on February 2, 2005, DTC allocated
2,928,571 shares of New Common Stock] (CUSIP #677007-20-5) to those of its participants
whose DTC accounts reflected positions in Old Subordinated Notes (CUSIP #677007-BU-9).
On or about the same time, the Old Subordinated Notes (CUSIP #677007-BU-9) were debited
from Participants’ DTC accounts.
3. DTC’s books and records further reflect that since February 2, there has
been movement of New Common Stock (CUSH° #677007-20-5) among DTC participants,
indicative of trading in the marketplace.
l _..e (l /`/<
Susan Geigel
Swom to before me this
5th day of May, 2005
.2 . V
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No Pu 'c
LINDA mn
Notary Public. State of New York
No o1i Qualified in Richmond County
Commission Exoires Saptomb&r7, 20 Q 5
1 Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Plan.
2