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Wednesday, November 09, 2022 6:31:47 PM
as explained above, Treasury did not simply take pos-
session of the enterprises’ funds. Rather, it negotiated
a change to the terms of its financing arrangement with
the enterprises, in which it exchanged the fixed divi-
dends and entitlement to commitment fees for a varia-
ble dividend based on the enterprises’ net worth. Peti-
tioner cites no case in which this Court or any other has
treated a similar financial transaction as a taking at all,
let alone a per se taking."
Funny because according to the latest trial I watched DeMarco didn't even know what his options were, much less understand and analyze them prior to the implementation of the NWS.
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