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Thursday, February 12, 2015 3:08:04 PM
Fund has the upper hand and I would say their chance of winning is very substantial. If they lose, their interest in AS will be reduced from 68% to 32.35% and AS will then have the option to buy that remaining stock for .2125/sh or $406,512, which is essentially nothing. This is a fact. The outcome of the motions for summary, which each party has filed will likely decide the case. The only way the motions will not be determinative is if the court rules that neither side wins their motion, but I can assure you that the facts are not contested, making the case ripe for a decision on the motions. If the fndm's motion is granted, AS's motion will be denied and judgment will be issued in favor of fndm, meaning that AS will be required to turn over to fndm the shares representing 68% of the stock. At that point, AS will likely appeal since so much is at stake, unless AS tries to settle for a nominal amount, knowing fndm will not settle for more than a nominal amount. On appeal, if AS files one, they will lose. Then Jason will decide whether to let AS's assets under management build up further or sell the company. I truly believe that both sides are now working on a resolution before a summary judgement or trial is set.
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