Thursday, January 12, 2017 4:18:56 AM
As with all contracts, the hidden "meaning" of the contract is not important. Only what is within the 4 corners of the document.
"Only" is not correct either. What is lacking between the 4 corners of the document is also very important.
And many cases are brought to the courts because of such.
I would love to see a single case in all of history where the court ruled along the lines that because a party didn't get a reasonable return on their investment, that they should win some sort of damages. I don't believe such a case exists.
You mention damages... seems that the court does weigh it's decision on how a decision may damage, or seriously and grievously cause suffering or harm to the parties.
Please inform me if I am wrong in the following:
One party has been made whole to the monies loaned at and above the original terms of the loan. Which arguably may have only been necessitated by false accounting methods. And so not only made whole on a potentially unnecessary loan forced on the company, but the entirety of the conservatorship may be in question. Not only such, but more importantly, the original management of said company was removed by force and so only were the warrants/loan agreed to by agents assigned to that company by the same entity as is party to the loan in question.
If there was no merit to the actions, would they not have been dismissed?
If there is merit, then the court when abiding by previous precedent will weigh potential harm to both parties in making decisions.
To what extent will the treasury be harmed in relation to the original loan/monies if the warrants are canceled?
To what extent will the company be harmed if the warrants are not canceled in relation to the original loan with loss of value to the company, all monies paid toward the end of that loan, plus swept profits following repayment of that loan in full?
If the validity of the Conservatorship is open to fight, how are all actions that followed not open to the same evaluation of validity?
The answer always depends on the question. Are the correct questions being asked and answered.
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