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EFTA01386026

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August 2. 2001. (Id. Ex. D.) In connection with the Amended 1999 Note, Epstein and FTC also signed an agreement entitled "First Amendment to Note and Affirmation of Hypothecation Agreement and Certain Documents Referred to Therein" [the "first Extension Agreement") in which they reaffirmed the Amended 1999 Note in its entirety, the Hypothecation Agreement, and each document and term thereunder. (Id. Ex. E.) Each of these documents—the original 1999 Note, the 1999 hypothecation agreement, the Amended 1999 Note, and the first Extension Agreement—contains clauses stating that New York law would govern the "construction, validity, and performance" of the 1999 Note and the Amended 1999 Note. (Id. Ex. A at 8-9; Ex. B at 7-8; Ex. D at 10; Ex. Eat 2-3.) Sometime in the spring of 2001, Epstein and FTC discovered that the AIG Investment was "suddenly and rapidly deteriorating." (Pls.' Mem. Of Law in Opp'n to Mot. To Dismiss, Epstein Decl.1120.) According to the plaintiffs, FTC's advisors contacted Davison and other employees of Citibank. and requested Citibank's help in coordinating the replacement of the AIG fund's manager. (Id. 121; Schantz Declif 5.) In May 2001, Davison informed the plaintiffs that, in order to remove AIG as the fund manager, FTC would need sixty-six and two-thirds percent (662/3%) of the votes of income note holders. Because the plaintiffs did not know the identities or respective percentages of ownership of the other income note holders, they requested that Davison provide them with that information. The plaintiffs claim that Davison initially assured them that she would provide such information promptly, but later informed them that she was having difficulty obtaining the information from SSB. and recommended that they seek the information from Chase Manhattan. the Trustee of the fund. (Pls' Mem. Of Law in Opp'n to Mot, To Dismiss, Schantz Dec11[1 6-8. ) Chase Manhattan, however, referred the plaintiffs back to Citigroup. In June. the

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