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Re: Mnemonic post# 43563

Tuesday, 11/16/2021 1:30:51 PM

Tuesday, November 16, 2021 1:30:51 PM

Post# of 45971

Idk about that. Seems to me that you can only assert breach of contract claims if you own the contract and can prove damages. Both seem to be satisfied here for current shareholders whose dividend/liquidation rights have been stripped.



You will see the arrangement in actually filing a lawsuit and remedies to previously owned shareholders in securities class actions. It is actually quite common.


If you don't own the contract, then you wouldn't be part of the class plaintiffs, so you couldn't be awarded damages. Someone correct me if I'm wrong there.



It depends upon the timing of when you owned the contract and the dates the violations occurred.

Not that companies who mislead investors don't regularly pay damages to shareholders who owned on particular dates. But in this case it's not about a drop in share price but instead anticipatory breach of liquidation preference and dividend rights.



I don't see the difference. Not sure what anticipatory breach of liquidation preference means but dividend rights also could be attributable to those shareholders who owned at specified times. It will depend on how the parties and the judge define the class and the dates/times involved.