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Re: hotmeat post# 438124

Monday, 10/12/2015 12:12:29 PM

Monday, October 12, 2015 12:12:29 PM

Post# of 729912
It's a board misconception that has been addressed by the so-called naysayers of escrows back when the 6/30/15 8K was released (regarding D&O litigation). It's not likely the pro-billions escrow proponents will believe this info this time around either.

WMIH Corp(reorganized WMI) received around 22.49% of litigation proceeds. This was due to some Senior Note claim holders opting for common shares instead of 100% of litigation proceeds. You can do the math using the numbers from the 8k; Trust received $37 million from litigation, of which WMIH Corp (reorganized WMI) received $8,321,624.59

WMIH Corp (reorganized WMI) retained up to 50% economic interest in the litigation proceeds (minus fees). A number we now know to be 22.49% due to a number of note holders electing to receive some common shares rather than retain 100% economic interest in litigation proceeds. 22.49% > 2.5%

To the extent that a holder of an Allowed Senior Subordinated Notes Claim receives Reorganized Common Stock pursuant to the foregoing election, such holder’s share of the Runoff Notes to which the election was effective shall not be issued and Reorganized WMI shall retain an economic interest in the Litigation Proceeds (and such interest shall not constitute a component of the Liquidating Trust Assets) equal to fifty percent (50%) of the Litigation Proceeds such holder otherwise would have received (solely in its capacity as a holder of an Allowed Senior Subordinated Notes Claim) (and the holder’s rights in respect of distributions from the Liquidating Trust shall be adjusted to the extent such proceeds are received by Reorganized WMI).



http://www.kccllc.net/documents/0812229/0812229111212000000000003.pdf

http://www.sec.gov/Archives/edgar/data/933136/000119312515239575/d948466d8k.htm
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