page 1 Unofficial translation List of provisionally acknowledged and provisionally disputed claims in the matter of: De Indonesische Overzeese Bank N .V . (Indover) / bankruptcy Emergency regulation : 6 October 2008 Application no . HA-RK 08.666 Bankruptcy date : 1 December 2008 Bankruptcy no .: 08 .0579-F Bankruptcy judge : mr M .L .D . Akkaya Trustees : mr . A . van Hees and H .P . de Haan RA ESTATE CLAIMS i Claim EUR Current liabilities are paid immediately TOTAL ESTATE CLAIMS 11 - PREFERENTIAL CLAIMS None TOTAL PREFERENTIAL CLAIMS
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claims/media/07 online services/indover...Jalan Pemuda 142 SEMARANG INDONESIA PT Bank Pembangunan Daerah Jawa Timur Bank Jatim (abbreviated name) Jalan Basuki Rakhmad 98-104 SURABAYA
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page 1 Unofficial translation
List of provisionally acknowledged and provisionally disputed claims
in the matter of:
De Indonesische Overzeese Bank N.V . (Indover) / bankruptcy
Emergency regulation : 6 October 2008 Application no . HA-RK 08.666
Bankruptcy date : 1 December 2008 Bankruptcy no . : 08.0579-F
Bankruptcy judge : mr M.L.D . Akkaya Trustees : mr . A . van Hees and H.P . de Haan RA
3 PT Bank Antardaerah 802.184,98 Jalan Bongkaran 28-30 SURABAYA 60161 INDONESIA
4 Bank Artha Graha Internasional, Tbk 108.252,28 Artha Graha Building Sudirman Central Business District (SCBD) Jalan Jend . Sudirman Kav . 52-53 JAKARTA 12190 INDONESIA
5 PT Bank Bukopin Tbk 11 .886 .524,06 p/a mr C . Hamm (Borsboorn & Hamm) Postbus 293 3000 AG ROTTERDAM
6 PT Bank Bumi Arta Tbk 5.876,71 Jalan Wahid Hasyim No . 234-236 JAKARTA 10250 INDONESIA
7 PT Bank Century Tbk . 251 .054,05 Gedung Sentral Senayan 11 Lt . 22 Jalan Asia Afrika No . 8 JAKARTA 10270 INDONESIA
page 3 Unofficial translation
PT Bank CIMB Niaga Tbk 3.955 .665,12 (formerly PT Bank Lippo TbK) p/a mr J . Hoff (Spigthoff Advocaten) Postbus 75546 1070 AM AMSTERDAM
PT Bank Ekonomi Raharja Tbk 19.227, 57 Graha Ekonomi Jalan Setiabudi Selatan Kav . 7-8 JAKARTA 12920 INDONESIA
PT Bank ICBC Indonesia 1 .463,76 JI . MH Thamrin No . 81 (Head Office) JAKARTA 10310 INDONESIA
PT Bank IFI 7.259,21 Plaza ABDA Office Park Jalan Jenderal Sudirman, Kav. 59 JAKARTA 12190 INDONESIA
PT Bank Internasional Indonesia Tbk 51 .034, 39 Plaza BII Jalan MH Thamrin no . 51 JAKARTA 10350 INDONESIA
PT Bank Kesawan 1 .027 .692, 36 1 .086 .901,86 Gedung Bank Kesawan 59.209,50 Jalan Hayam Wuruk No 33 JAKARTA PUSAT 10120 INDONESIA
PT Bank Mandiri (Persero) Tbk 15.832.413,26 17.308 .170,61 p/a Simmons & Simmons to Amsterdam 363.746,13 mr Maaike Heijink 802.567,13 Postbus 79023 132,095,64 1070 NB AMSTERDAM 66.836,63
124 A.A .J . ter Wal 1 .680,59 (hodn . Amsterdamse Hoveniersbedrijf) Postbus 75688 1070 AR AMSTERDAM
125 Wurfbain - Nordmann 22.815,11 Mahoniehout 24 1507 ED ZAANDAM
126 Zuiderduijn Art Productions B.V . 277,27 h .o .d .n . Season Cards Postbus 2071 3440 D13 WOERDEN
Claim EUR TOTAL PROVISIONALLY ACKNOWLEDGED ORDINARY CLAIMS OTHER 7.169 .955,62
Claim EUR
TOTAL PROVISIONALLY ACKNOWLEDGED ORDINARY 330 .746,184,47
CLAIMS BANKS + OTHER
11 PROVISIONALLY DISPUTED CLAIMS claim EuR
1 PT Alumindo Light Metal Industry Tbk 62.858,49 Wa Ery Y"ash & Partners The Energy Building 17th Floor Sudirman Centraal Business District Lot 11 A Jl . Jend . Sudiman Kav . 52-53 JAKARTA 12190 INDONESIA
disputed because : Facility fee is being reclaimed because no facility has been made available due to the Emergency Regulation . The trustees hold that the fee was payable without question .
2 de heer 0 . E . Bakker 2 .667,08 Citadel 67 5301 JH ZALTBOMMEL
disputed because :
no basis for claim . Directors Indover have no knowledge of the alleged agreement .
Bank Indonesia Mr Rasmo Samiun and Mr Farid Harianto Jalan M.H . Thamrin No. 2 JAKARTA 10350 INDONESIA ~5-4-2079 attachment Credit Europe r 5.500 .000,--
Bayerische Landesbank BLB als agent inz . USD 117.500.000,--p/a Lovells LLP mr K. Breken Postbus 545 1000 AM AMSTERDAM
Canon Nederland N .V. Dhr . D . Uttie n Postbus 1500 2130 JA HOOFDDORP
Getronics Nederland B.V . Dhr. H . Butte r Postbus 2850 1000 CW AMSTERDAM
disputed because : Claim ensues from an agreement that was cancelled prior to the Emergency Scheme.
Mr S . Cravan (werknemer kantoor Hamburg) p/a Luther Rechtsanwaltsgesellschaft mbH Dr . Volker Schneider Gansemarkt 45 20354 HAMBURG GERMANY
ank NV against BI
disputed because : Claim offset by trustees with counterclaim against BI (thus extinguished) based on support letter(s) issued by BI and based on tort claim
disputed because :
Pertains to costs claimed by BLB which, according to the trustees, are not owed/not verifiable .
disputed because :
No basis for this claim ; insufficiently substantiated
disputed because : No basis for the claim due to premature termination costs
The Government of the Republic of Indonesia c.q .
Ministry of Finance of the Republic of Indonesia
as legal successor to 12 IBRA banks : Bank Dagang Industri, Bank Umum Nasional, Bank Persona Kridayana, Bank Mashill Utama, Bank Dharmala, Bank Ficorinvest, Bank Central Dagan, Bank Dagang Negara Indonesia, Bank Uppindo, Bank Sahid Gajah Perkasa, Bank Tata, Bank Bahari Mrs . Indra Surya Djuanda Building 15th Floor Jalan Dr . Wahidin No.1 P.O . Box 21 10710 JAKARTA INDONESIA
disputed because: Claims insufficiently substantiated . Also set-off with counterclaims invoked and time bar invoked .
GSG Metal Ltd . (Estonia) Advocatenkantoor Mens & Wisselink T.a .v. mr Ph.H .J .G . van Huizen postbus 2700 3000 CS ROTTERDAM
disputed because : GSG miscalculated the claim . Also, a total settlement has
been concluded with GSG that leaves no room for this claim .
De heer W.F . Kayser Maggemast 30 1034 PS AMSTERDAM
disputed because : Trustees have made a settlement with Mr . Kayser in return for full and final discharge .
(als Agent) Facility agreement 16-7-2008 USD 80.000 .000,-- Lovells LLP mr K . Breken Postbus 545 1000 AM AMSTERDAM
disputed because :
Pertains to costs claimed by RZB which, according to the
trustees, are not owed/not verifiable .
Raiffeisen Zentralbank dsterreich Aktiengesellschaft 3.492 .612, 08 Global Master Repurchase (Repo) Agreement 11-2-2000 ¬ 3.380 .220.99 Facility agreement 21-7-2006 Euro 63.665.000,-- Intercreditor aareement 21-7-2006 CJSC Locko Bank agreement 14-12-2007 Facility agreement CJSC Locko Bank Standard Commerical Bank 3-12-2007 Baker & McKenzie Amsterdam N.V . T.a .v. mr F.L. Tanke Postbus 2720 1000 CS AMSTERDAM
disputed because : The trustees challenge the accuracy of the value stated by RZB of the bonds RZB had as collateral under the GMRA.
Mr Andreas Schmidt-Siegfried 32.359,01 p/a Luther Rechtsanwaltsgesellschaft mbH Dr Volker Schneider Gansemarkt 45 20354 HAMBURG GERMANY
disputed because : No basis for this claim ; insufficiently substantiated .
Standard Chartered Bank Ltd . 777.866,33 Baker & McKenzie Amsterdam N.V. Ta .v . mr F.L. Tanke Postbus 2720 1000 CS AMSTERDAM
PROVISIONALLY DISPUTED CLAIMS TO BE CONDITIONALLY ACKNOWLEDGED PURSUANT TO ART . 125 Fw
Settlement amount was calculated based on incorrect prices . Specification of legal fees missing and/or legal fees post-date the bankruntcv date .
Thomson Financial Ltd Mrs . J . Skoulikas and mrs . R. Emerson
Aldgate House 33 Aldgate High Street LONDON, EC3N 1 DL UNITED KINGDOM
sputed because : Non-verifiable claim . Pertains to costs after bankruptcy date .
H . Wijnands Muiderkring 4 2026 SZ HAARLEM
disputed because : Claim pertains to non-indexed pension claims .
According to the trustees, pertains to claim against Aegon, not against Indover Amsterdam
Zetacom B.V. Dhr./mevr . L . van Dorp
Rontgenlaan 35 2719DX ZOETERMEER
disputed because : Claim ensues from an agreement that was cancelled prior to the Emergency Regulation . Claimed preference is disputed .
Bayerische Landesbank BLB
(USD 117.500 .000,--)
Bayerische Landesbank (Lender) p/a Lovells LLP mr K. Breken Postbus 545 1000 AM AMSTERDAM
condition :
This claim cannot be acknowledged until BLB has waived s appeal to set-off .
current account - conditional Postbus 98 1000 AB AMSTERDAM
page 20 Unofficial translation
condition : This claim cannot be acknowledged until DNB pays the revenues of the coupons into the estate .
Indover Asia Ltd G . P.O . Box 24 Hong Kong HONG KONG
condition :
This claim cannot be acknowledged until it is established that the Euroclear sub-account is part of the assets of Indover Amsterdam .
TOTAL PROVISIONALLY DISPUTED CLAIMS
48.916 .600,91
Claim EUR 103 .611 .989,72
page 2 1 Unofficial translation
Stichting Private Pension Scheme
The receivers have provisionally acknowledged ("voorlopig erkend") this claim, but expressly state as follows . This is a claim filed by all employees who worked at Indover's office in Amsterdam when Indover was declared bankrupt . The claim relates to the costs of a reasonable redundancy scheme . According to Dutch bankruptcy law, employees can be dismissed by the receiver with due observance of a notice period of (only) six weeks without being entitled to any redundancy scheme. Indover had many (older) employees in Amsterdam who had been employed with Indover for a long time . Pursuant to the law, even those employees could be dismissed by the receivers within a notice period of six weeks and without any compensation . The receivers did not just do so, but consulted the employees, represented by the Works Council, about a possible solution within the framework of the consultation process of the Works Council during the emergency regulation and prior to the bankruptcy . This was not only desirable from a social point of view, but also because the employees' cooperation and loyalty was extremely important in order to wind up Indover's estate as properly and as orderly as possible . The receivers were of the opinion that they did not have the For the time being, the receivers have acknowledged this claim, but emphatically state as follows . freedom to promise the employees any kind of redundancy scheme . After all, they would then be creating costs for the creditors that are not theirs according to the law . In the opinion of the receivers, the creditors would have to take that decision . That is why the receivers agreed with the Works Council that they would allow a claim for the costs of a proper redundancy scheme in the list of creditors and provisionally acknowledge such claim . Each creditor who does not want to agree to such a redundancy scheme will thus be given the opportunity to file an objection . However, the receivers emphatically recommend that the creditors agree to the redundancy scheme and do not object to the claim filed in this respect . To put it briefly, the receivers' arguments are as follows :
a .
From a social point of view, it is hard to accept that employees with a (mostly) long to very long employment period would be dismissed without any redundancy payment within only six weeks;
b .
This applies all the more since, in this case, the ordinary, unsecured creditors in Indover's bankruptcy are likely to receive payment of a large part of their claim ;
C .
These creditors have the Indover employees to thank for this, at least partly, because of the loner's loyalty and commitment during the winding up of the bankruptcy; Indover's employees in Germany, however, are entitled to damages according to applicable German law, so that this would entail an undesirable inequality if no redundancy settlement was awarded to the Dutch employees .