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Re: tanjazielman post# 611439

Tuesday, 02/11/2020 12:08:32 AM

Tuesday, February 11, 2020 12:08:32 AM

Post# of 749756
Notice that the language in POR 7 puts no limits whatsoever on merger/consolidation between All reorganized WMI entities:

"On or as of the Effective Date or as soon as practicable thereafter, and without the need for any consent or approval, Reorganized WMI may, in its sole and absolute discretion, (i) cause any of the Reorganized WMI Entities to be merged, dissolved, or otherwise consolidated, (ii) cause the transfer of assets between or among the Reorganized WMI Entities, or (iii) engage in any other transaction in furtherance of the Plan. As soon as practicable after initial distributions are made pursuant to Section 31.1 of the Plan, and without the need for any consent or approval, Reorganized WMI shall complete, or shall cause the completion of, the administrative dissolution of the Washington Mutual Capital Trust 2001.
"

Just to be clear, Reorganized WMI entities are WMI, WMIIC, WMIH, Wamu 1031 exchange etc.

According to POR 7 WMI did not need any consent or approval to merge or consolidate with WMIH. Also there are no limits or rules set how to merge. Reverse triangular merger can still be an option. And also POR 7 allowed to transfer and reallocate assets freely between these entities.

Also interesting:

(b) Allowance of Disputed Claims . At such time as a Disputed Claim becomes, in whole or in part, an Allowed Claim, the Liquidating Trustee shall distribute to the holder thereof the distributions, if any, to which such holder is then entitled under the Plan, together with any earnings that has accrued on the amount of Creditor Cash, Liquidating Trust Interests, Runoff Notes and Reorganized Common Stock so retained (net of any expenses, including any taxes, relating thereto), but only to the extent that such earnings are attributable to the amount of the Allowed Claim. Such distribution, if any, shall be made as soon as practicable after the date that the order or judgment of the Bankruptcy Court allowing such Disputed Claim becomes a Final Order, but in no event more than ninety (90) days thereafter. The balance of any Creditor Cash, Liquidating Trust Interests, Runoff Notes and Reorganized Common Stock previously retained but not distributed to a Disputed Claim holder shall be included in future calculations of Cash, Liquidating Trust Interests, Runoff Notes and Reorganized Common Stock, respectively, to holders of Allowed Claims.

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