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Monday, February 24, 2020 5:11:38 PM
I am not sure if you are right about that:
Since FnF never had the option to pay down the seniors while the funding commitment exists, a court cannot order an extinguishing of the seniors (it would violate the SPSPAs). It could only order the other remedy (which conforms with the original agreement).
If you ask me, the SPS contract certificate (and the SPSPAs) looks like an Unconscionable Contract:
"An unconscionable contract is one that is so one-sided that it is unfair to one party and therefore unenforceable under law. It is a type of contract that leaves one party with no real, meaningful choice, usually due to major differences in bargaining power between the parties.
In a lawsuit, if the court finds a contract to be unconscionable, they will typically declare the contract to be void."
https://www.legalmatch.com/law-library/article/what-is-an-unconscionable-contract.html
Please take into account the documents disclosed, which prove that the intention was to take FnF down along with its shareholders.
Perhaps this is indeed an oppressive contract. Obiterdictum knows that for sure, I don't. His help would be very much appreciated here.
It is also a fact that nobody knows yet how the court cases will develop. If other wrongdoings are discovered in the main trial, the whole thing could quickly take a completely different direction. Do not underestimate the power of the courts!
GLTY
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