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Re: jhdf51 post# 509973

Monday, 02/19/2018 3:04:14 AM

Monday, February 19, 2018 3:04:14 AM

Post# of 727646
Sorry, I deleted my post, I cited the WRONG Chapter "COVENANTS OF THE COMPANY" (which is Nationstar), but there is also another chapter "COVENANTS OF PARENT AND MERGER SUB", which is WMIH, and IMO clearly prohibits a R/S of WMIH or any of its subs...

https://www.sec.gov/Archives/edgar/data/933136/000119312518045940/d539539dex21.htm

COVENANTS OF PARENT AND MERGER SUB

Section 6.1 Conduct of Parent.
[...]
Without limiting the generality of the foregoing, from the date of this Agreement until the earlier to occur of the Effective Time and the date of termination of this Agreement in accordance with Article IX, except as expressly permitted or contemplated by this Agreement, as set forth in Section 6.1 of the Parent Disclosure Letter, as consented to in writing by the Company (such consent not to be unreasonably withheld, conditioned or delayed) or as required by applicable Law, none of Parent and Merger Sub shall, nor shall Parent permit any of its Subsidiaries to:

(a) (i) other than dividends and other distributions by a direct or indirect Subsidiary of Parent to Parent or any direct or indirect wholly-owned Subsidiary of Parent, declare, set aside or pay any dividends on, or make any other distributions in respect of, any of its capital stock or other equity securities, (ii) split, recapitalize, subdivide, combine or reclassify any shares of Parent Common Stock, Parent Preferred Stock, Parent Common Stock or issue or authorize the issuance of any other securities in respect of, convertible into or in substitution for, outstanding shares of Parent Common Stock, Parent Preferred Stock or Parent Common Stock, or
[...]



So I think mordicai is right!

Sorry for the CONFUSION I caused!


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