"G. The FDIC Did Not Reject Vested Equity Interests Under the WaMu Equity Incentive Plan
Holders of vested equity interests are entitled to receive a distribution, pursuant to the Chapter 11 Plan. Equity holders were not required to submit Proofs of Claim.
The FDIC did not opine that “vested” equity interests were subject to Part 359. In fact, the FDIC determined that only the payments based on the Equity Incentive Plan where “the vesting of those share is accelerated based on WMI’s liquidation or WMB’s failure” would be subject to Part 359, in the opinion of the FDIC. [Second FDIC Determination, Exh. 6 hereto at p. 9.] Accordingly, to the extent that any of the Claimants are holders of vested equity interests, such equity claims should be excluded from any order on the Dismissal Motion, since vested equity claims were neither considered, nor rejected, by the FDIC. "
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IMO...my conclusions as of January 07, 2019:
1) The Ex-employee Claimants don't think the WMI Escrow Markers are worthless. They are fighting hard to keep their "Vested Equity Interests". Just to be clear, "Vested Equity Interests" = WMI Escrow Markers.
2) The Ex-employee Claimants are the people that would know the exact amount of recovery the WMI Escrow Markers would produce.