5/17/2010 3761 First Supplemental Verified Statement of Fried, Frank, Harris, Shriver & Jacobson LLP Pursuant to Rule 2019 of the Federal Rules of Bankruptcy Procedure 84 k
http://www.kccllc.net/documents/0812229/0812229100517000000000026.pdf

2019 filing

UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF DELAWARE

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In re: WASHINGTON MUTUAL, INC., et al.

Debtors.

Chapter 11

Case No. 08-12229 (MFW)

(Jointly Administered)

——————————————————————————— x FIRST SUPPLEMENTAL VERIFIED STATEMENT OF FRIED, FRANK,

HARRIS, SHRIVER & JACOBSON LLP PURSUANT TO RULE 2019 OF THE

FEDERAL RULES OF BANKRUPTCY PROCEDURE

_

Fried, Frank, Harris, Shriver & Jacobson LLP (“Fried Frank”), in accordance with Rule 2019 of the Federal Rules of Bankruptcy Procedure and in connection with its representation of certain holders of securities issued by Washington Mutual, Inc. (“WMI,” and together with WMI Investment Corp., the “Debtors”), submits this first supplemental verified statement (the “Verified Statement”) and respectfully states as follows:

1. Fried Frank has represented each of Appaloosa Management, L.P., 51 John F. Kennedy Parkway, Short Hills, New Jersey 07078, and various funds1 represented by Appaloosa Management, L.P. (collectively referred to herein as “Appaloosa”), and Centerbridge Partners, L.P., 375 Park Avenue, 12th Floor New York, NY 10152-0002, and various funds2 represented by Centerbridge Partners, L.P. (collectively referred to herein as “Centerbridge”) since the inception of the above-captioned chapter 11 cases (the “Chapter 11 Cases”). In late October

1 Appaloosa Management L.P. represents the following funds: (1) Appaloosa Investment L. P. I; (2)
Palomino Fund Ltd.; (3) Thoroughbred Fund L.P.; and (4) Thoroughbred Master Ltd.

2 Centerbridge Partners, L.P. represents the following funds: (1) Centerbridge Credit Partners, L.P. and (2)
Centerbridge Credit Partners Master, L.P.

2009, Owl Creek Asset Management, L.P., 640 Fifth Avenue 20th Floor, New York, NY 10019- 6102, and various funds3 represented by Owl Creek Management, L.P. (collectively referred to herein as “Owl Creek”) contacted Fried Frank to ask that Fried Frank represent it in connection with the Chapter 11 Cases. Subsequently, Aurelius Capital Management, LP, 535 Madison Ave, 22nd Floor, New York, NY 10022, on behalf of itself and its managed fund entities4 (collectively referred to herein as “Aurelius”) contacted Fried Frank to ask that Fried Frank represent it in connection with the Chapter 11 Cases. Fried Frank received the consent of each Appaloosa, Aurelius, Centerbridge and Owl Creek to act separately on behalf of each of the aforementioned in connection with the Chapter 11 Cases. Fried Frank takes instruction from each of Appaloosa, Aurelius, Centerbridge and Owl Creek on a separate basis. There are no instruments under which Fried Frank is empowered to act on behalf of Appaloosa, Aurelius, Centerbridge and Owl Creek except for their respective engagement agreements. Fried Frank may represent additional creditors or equity security holders of the Debtors from time to time and will update this statement accordingly.

2. As of May 14, 2010, based on information provided to Fried Frank from each of Appaloosa, Aurelius, Centerbridge and Owl Creek, the aforementioned, in the aggregate, are the beneficial owners of, or have investment authority with respect to

(i) $453,813,700 in face amount of WMI’s senior indebtedness,

(ii) $1,291,124,000 in face amount of WMI’s senior subordinated indebtedness,

(iii) $792,268,700 (at $50 face, 15,845,374 total securities) in face amount of WMI’s junior subordinated indebtedness, and

(iv) approximately 955,665 shares of preferred stock issued by WMI.

3 Owl Creek Asset Management, L.P. represents the following funds: (1) Owl Creek I, L.P.; (2) Owl Creek
II, L.P.; (3) Owl Creek Overseas Fund, Ltd.; (4) Owl Creek Socially Responsible Investment Fund, Ltd.;
(5) Owl Creek Asia I, L.P.; (6) Owl Creek Asia II, L.P.; and (7) Owl Creek Asia Master Fund, Ltd.
4 Aurelius Capital Management, LP manages the following funds: (1) Aurelius Capital Master, Ltd.; (2)
Aurelius Convergence Master, Ltd.; and (3) ACP Master, Ltd.

Each of Appaloosa, Aurelius, Centerbridge and Owl Creek acquired their respective claims against WMI at the price ranges and date ranges set forth on Exhibits A, B, C and D, respectively, annexed hereto.

3. Fried Frank does not presently own, nor has it previously owned, any claims against, or interests in, the Debtors.

4. If the Court, the Office of the United States Trustee, the Debtors, or the official committee of unsecured creditors requests any additional information concerning Fried Frank’s representation of Appaloosa, Aurelius, Centerbridge and/or Owl Creek, Fried Frank will work with those entities to facilitate responding to those requests.

EXHIBIT A

EXHIBIT B

EXHIBIT C

EXHIBIT D

7692989

131127.01600/40188551v.1

CERTIFICATE OF SERVICE

I, Michael D. DeBaecke, hereby certify that on the 17th day of May, 2010, I caused service of the attached First Supplemental Verified Statement of Fried, Frank, Harris, Shriver & Jacobson LLP Pursuant to Rule 2019 of the Federal Rules of Bankruptcy Procedure to be made on the parties listed below in the manner indicated.

VIA HAND DELIVERY Ashby & Geddes, P.A. 500 Delaware Avenue, 8th Floor Wilmington, DE 19801 Attn: William P. Bowden, Esquire

VIA FIRST CLASS MAIL Weil, Gotshal & Manges LL 767 Fifth Avenue New York, NY 10153 Attn: Brian S. Rosen, Esquire

Akin Gump Strauss Hauer & Feld LLP One Bryant Park New York, NY 10036 Attn: Fred S. Hodara, Esquire

/s/ Michael D. DeBaecke

MICHAEL D. DEBAECKE