Wednesday, May 19, 2021 8:59:17 PM
Then why aren't the plaintiffs trying to overturn that?
Then why aren't the plaintiffs trying to overturn that?
False. The Safety and Soundness Act of 1992, which established and governed OHFEO, had a similar anti-injunction clause even though OHFEO was a non-independent, executive agency.
Oh, and also, why aren't the plaintiffs trying to overturn that?
This is something the Supreme Court will have to rule on. But the plaintiffs didn't bring this up as something that needs to be overturned. Why not?
False again, as proved by the GSE Act of 1992 that included a similar succession clause even though the OHFEO was not an independent agency.
A fiduciary duty to shareholders that FHFA does not have, regardless of its independence.
No. Only the companies, not the shareholders. Those two things are not nearly the same thing.
Not the shareholders, only the companies. All talk of FHFA having fiduciary duty to the shareholders is invented by you, and is not implied by or included in any part of HERA. Three different judges have said so.
Look at the bolded part. MAY. Not "shall". You are talking about a voluntary decision that Treasury would have to make, not what a court can or will order.
False. The companies got the funding commitment, which allowed them to avoid mandatory receivership both at that point and in the future (unless all $200B per company of the funding commitment was drawn upon), in return for both the seniors and the warrants. The companies absolutely did receive return consideration for the warrants (and the seniors). You cannot separate the two.
The redactions don't matter. The warrants are valid.
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