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Re: phinhead1972 post# 469030

Wednesday, 12/21/2016 1:25:49 PM

Wednesday, December 21, 2016 1:25:49 PM

Post# of 728015
I myself like to read & read & read:

So I read the following:

SECTION 5.2 Limitations on Participation Rights. The participation rights set forth in Section 5.1 shall be limited by the foregoing:
(a) The Shareholder Parties shall not be permitted to exercise the participation rights set forth in Section 5.1 to the extent that the aggregate gross amount of Proposed Securities offered and sold by the Company from and after the date of the Investment Agreement (including the aggregate amount paid by Shareholder Parties for Equity Securities pursuant to such participation rights) exceeds $1 billion.
(b) The Shareholder Parties shall not be permitted to exercise the participation rights set forth in Section 5.1, without the prior written consent of the Company, to the extent that, after giving effect to any issuances of Equity Securities (on a pro forma basis after taking into account any issuances of Equity Securities related to any acquisitions or investments by the Company), the Percentage Stock Ownership of the Equity Securities of the Company by the Shareholder Parties would exceed 42.5%.

This is an excerpt from Exhibit 4.2 of WMIH 8-K, Filing Date 2014-31-01:

https://www.sec.gov/Archives/edgar/data/933136/000119312514030869/d666285dex42.htm

I think it's much easier to begin an educated discussion if we know what we are talking of !
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