Preferred B shareholders should NOT be able to vote on amendments on Preferred C shares.
Preferred C shareholders should NOT be able to vote on amendments on Preferred B shares.
Or put it another way:
Preferred B shareholders should ONLY be able to vote on Preferred B amendments.
Preferred C shareholders should ONLY be able to vote on Preferred C amendments.
If Timms wins his argument, then:
Preferred B received < 66.6% of the required votes to pass the amendments to Preferred B shares (IMPHP). The amendments would NOT have passed and would not have taken effect.
Preferred C received > 66.6% of the required votes to pass the amendments to preferred C shares (IMPHO). The amendments would pass and take effect.
If IMH wins their argument, then:
Preferred B and Preferred C are the same since they are both preferred shares of IMH stock. The overall vote of B and C shareholders combined was > 66.6% to effect the amendments. The amendment would pass and take effect.
You do the math.
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