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Sunday, November 03, 2019 9:51:32 AM
Bite these Apples!
During the quarter, the Trust resolved all remaining disputed equity claim. Therefore, the DEE will be in a position to redistribute the remaining shares, net of any shares that are sold to pay tax obligations. The shares currently held are held on behalf of former common shareholder interests (Class 22). Therefore, any redistribution will only be made to Class 22. Furthermore, consistent with prior distributions and pursuant to the Plan, no fractional shares (nor any cash-in-lieu of fractional shares) will be distributed. Due to the minimal number shares in the DEE, and the fact that the DEE Agreement does not contemplate the issuance of fractional shares or the payment of cash-in-lieu of fractional shares, substantially fewer legacy common shareholders will receive shares in the redistribution.
Holders of equity interests who timely returned required releases and documentation were given “escrow markers” to effectuate a redistribution, if any, of shares of Reorganized WMI common stock. Such escrow markers will be canceled after the final redistribution described above.
In conjunction with the final distribution from the DEE and the pending close of the cases, the Trust performed an internal tax review of the DEE. In this review, it was determined that the DEE owed federal income taxes due to the increased value of the shares of common stock that were redistributed in August 2015. In October 2019, the DEE monetized approximately 38,000 shares of Reorganized WMI common stock in order to satisfy the related tax liability. After giving effect to the foregoing, approximately 91,000 shares of Reorganized WMI common stock remained on deposit in the escrow. The Trust has filed returns for the DEE and awaits a response as to any additional assessment and whether related share monetization is required. The Trust will then make its final redistribution, close the escrow and cancel the “escrow markers”.
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