Gastar Exploration Inc. (fka GSTCQ)

[56Chevy]

From the 8-k released this morning;

On October 26, 2018, the Company entered into a Restructuring Support Agreement (the “ RSA ”) with [....] (iii) certain holders of Gastar’s outstanding common shares (the “ Existing Common Equity ”) that are affiliated with Ares.

But in the Prospectus, also released this morning but an hour after the 8-k, it reads;

• subject to certain conditions, including that such holders not seek official committee status or the appointment of a trustee or examiner, or object to or otherwise oppose the consummation of the Plan, holders of the Existing Common Equity will receive their pro rata share of warrants to purchase 2.5% of the New Common Equity (together with the warrants listed in the previous bullet, the “ New Warrants ”).

Perhaps this is just legalese and doesn't really mean what it appears to be saying..??.. but the 8-k identifies who the "certain holders" of the existing common equity are that are included in the RSA i.e. those being affiliated with ARES. Period. Then in the Prospectus it says holders of the Existing Common Equity will recieve their pro rata share of warrants to purchase 2.5% of the New Common Equity.

If this is actually the plan [to include some legacy shareholders in the restructuring but not all] how does this not fly in the face of unequal treatment for the entire class?

And todays action seems to suggest that there may be alot of people (who are not affiliated with ARES but because of the wording in the Prospectus) are under the impression they too as legacy shareholders will be included in the RSA. ??

Which is it??

Marker:
Gastar Exploration I (GSTC)
0.0228 up 0.0176 (338.46%)
Volume: 16,459,224