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February 4, 2013
17:22 EDTJCPJ.C. Penney says notice of default from bondholders is invalid, without merit
J. C. Penney Company announced that it received a letter dated January 29, 2013 from Brown Rudnick LLP claiming to represent holders of more than 50% of the company's 7.4% debentures due 2037. The letter purports to be a notice of default under the indenture for these debentures dated April 1, 1994 between J. C. Penney and U. S. Bank National Association as trustee. The company strongly believes the notice of default is invalid and utterly without merit. The company today filed an action for injunctive and declaratory relief in support of its position in the Court of Chancery of the State of Delaware. The action seeks an order enjoining the trustee from declaring an event of default as well as an order declaring that the company is not in default of the Indenture governing the debentures. Ken Hannah, CFO, said, "We believe this notice of default is invalid, completely without merit and is intended to create self-interested trading opportunities in the market, and we will therefore vigorously defend the interests of jcpenney and all of our constituencies in all appropriate forums."
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