Friday, April 12, 2019 6:48:10 PM
the problem with Moelis lays in the fact they do recognize the lawsuits
That's a problem?!
it is important that in the next crisis not all their funds can be confiscated
That can never be guaranteed, no matter what handouts the government gives to current shareholders.
in the Moelis 1 plan they did not talk about lawsuits
Wrong. The lawsuits are mentioned at least five times, just search for the word "litigation". The updated plan mentions the outstanding litigations twice. In both papers, they acknowledge that the lawsuits must be settled before anything can go forward.
although they meanwhile figured out an IPO is not possible
Okay, technically it's a secondary offering. It still results in dilution because those who provide the money for a recap will want something for it, namely common shares.
So while looking thru above you will notice all are talking about, unjust, irrational, unlawful and when considering The warrant is bought for $0.00001, and not for the then market price ~$0.78, this is probably correct, as the government cannot confiscate something without return, unless they compensate of course.
The Moelis plan, Bill Ackman, the Collins plaintiffs. What do these things have in common? All of them encourage Treasury to exercise the warrants. None of them think the warrants are illegal. In fact, no outstanding litigation seeks to have the warrants struck down.
MC says "Whatever the policy issue, my first question will always be “what does the statute say?”
So that is a slam dunk for us
There is nothing in HERA that invalidates the warrants.
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