AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP (Motion #009) - Affirmation of Eric N. Whitney in Support of Order to Show Cause - One William Street Capital Management L.P., One William Street Capital Master Fund, Ltd., Ows Abs Master Fund Ii, L.P. v. U.S. Education Loan Trust Iv, Llc, U.S. Education Servicing Llc, Dr. Henry Howard, Bank Of New York, Kildare Capital, Inc.

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On June 28, 2012 a commercial division case was filed by One William Street Capital Management L.P., One William Street Capital Master Fund, Ltd., and Ows Abs Master Fund Ii, L.P., represented by Boccanfuso, Anthony D., Hanin, Michael A., and Kalivas, Tanya Eleni, against Bank Of New York, Dr. Henry Howard, Kildare Capital, Inc., U.S. Education Loan Trust Iv, Llc, and U.S. Education Servicing Llc, represented by Blank, Lisa Robyn, Chery, Stephanie Paola, Cole, Adam David et al. in the jurisdiction of New York County. Judge Eileen Bransten presiding.

                        
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                             FILED:         NEW     YORK       COUNTY        CLERK        10/17/2014             03:13        PM                 INDEX    NO.   652274/2012
   NYSCEF     DOC.   NO.   211                                                                                RECEIVED      NYSCEF:     10/17/2014



                 SUPREME COURT OF THE STATE OF NEW YORK
                 COUNTY OF NEW YORK
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                 ONE WILLIAM STREET CAPITAL MANAGEMENT                                   :
                 L.P.,                                                                   :   Index No.    652274/2012
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                                                     Petitioner,                         :   IAS Part 3
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