Monday, September 21, 2020 11:53:08 PM
The SPSPA is an agreement (neither loan nor equity), in which Treasury got both the seniors and warrants in return for the funding commitment. But the seniors and warrants are not tied to each other. Treasury has its warrants no matter what happens to the seniors.
None of the above, actually. The seniors are not a loan (so the ideas of "principal" and "interest" do not apply to them), and FnF never had the ability to pay down the seniors any time they wanted while the funding commitment was in place, which it has been since 2008.
Again, FnF didn't have the ability to pay down the seniors even if they had a trillion dollars on the books. I find that aspect of the seniors odious, but nobody challenged it in court in such a way as to have it overturned so it's going to stand.
It's even worse. The only way FnF could have paid down the seniors while the funding commitment existed, either prior or subsequent to the NWS, was to issue stock, the proceeds of which would go to Treasury and pay the seniors down. But who would buy stock in a company when the first $193B of that money would go down the drain and not even recap the companies so they could be released?
The NWS is an agreement, not something that can be "paid off".
I do think the NWS is blatantly illegal, but there was no use in me filing my own lawsuit over it because by the time I found out about it in 2016 several other lawsuits had been filed; mine would have been merely a duplicate.
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