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Tuesday, February 20, 2018 3:56:51 AM
https://www.sec.gov/Archives/edgar/data/933136/000119312518045940/d539539dex21.htm
I know the part you have posted, which seems to allow any acquisitions that would not harm the merger with NSM
BUT there is also "Section 7.4 No Solicitation by Parent." on page 62
The whole section is about "Parent Acquisition Proposal". I thought "Parent Acquisition Proposal" is only about "selling the parent company WMIH" which is prohibited by this section.
BUT if you look at the DEFINITION of "Parent Acquisition Proposal" in the same document, especially the first sentence...
...and then look at the referenced DEFINITION of "Acquisition" in Article VI in the "CERTIFICATE OF INCORPORATION" from the WMIH Homepage...
http://wmih-corp.com/wp-content/uploads/2015/05/AR-Charter.pdf
...then it seems to be clear that WMIH (or a sub) is not allowed to make another acquisition/merger until the NSM merger has closed.
Is he correct?
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- Just my personal opinion, no investment advice! -
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