Tuesday, September 27, 2022 4:17:31 PM
Technically correct. The seniors are a perpetual equity investment, but they didn't come into existence until a few days after conservatorship started.
Correct. That wording says FnF cannot pay down increases to the liquidation preference due to draws, which is what caused all the increases on the balance sheet (from the first draw in 2008 until the letter agreement in September 2019), prior to the termination of the funding commitment. It's spelled out clearly in Section 3(a) of the contract.
They only have the option to pay it down in very specific and limited circumstances, none of which have actually happened yet.
Again, read the entire contract to gain the necessary understanding. Section 3, titled "Optional Pay Down of Liquidation Preference", spells out exactly under which circumstances FnF can pay down the seniors.
Your implication seems to be that the mere existence of a section with that title means FnF can pay down any amount of senior pref liquidation preference any time they want, and that implication is entirely incorrect.
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