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Sunday, May 10, 2020 9:54:11 PM
Given all the malfeasance by the UST, Hollihan and the advisors for FNMA are just as likely to negotiate and coordinate a settlement with the plaintiff classes including common shareholders prior to the capital raise.
If all interested parties spend all the effort to negotiate the settlement there is no reason that the terms of the settlement would be recommended by a Special Committee of the BOD and ratified by a shareholder vote under Delaware law.
It does not make sense to me why UST would just settle with the preferred and negotiate the terms of a conversion without negotiating with common plaintiffs and common shareholders. If terms are negotiated it would be perfunctory to achieve the legal certainty that comes with a proxy statement and shareholder vote under Delaware law.
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