That is just what Rozen argues in an

That is just what Rozen argues in an attempt to justify what the LT did. It does not excuse the LT from following the terms of the POR in regard to what claims could be included in the definition of "preferred equity interests". The LT violated the governing instrument which is against the law in the State of Delaware. If that was truly the intent, it should have been mentioned in the disclosure statement at a minimum, and the POR reformed to reflect that intent. Instead the LT chose to hide the matter and do what they were not suppose to do. Yet you defend them.