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Thursday, August 24, 2023 11:09:26 AM
Bryndon Fisher is bringing a Derivative Suit so the UST would recover any damages on a 80/20 basis.
Fisher's suit is basically dead at this point. The corpse just hasn't stopped twitching yet. I wouldn't count on anything of value coming out of that case.
The GSES would optimally benefit because they would help build capital and do it in a way that does not cram down existing investors.
The purpose of a derivative suit is only to help the companies. A senior-to-common cramdown helps the companies, because it increases their regulatory capital by $193B.
In the end the UST would be only out the 20% that would accrue to existing common
Even that 20% would be subject to dilution by a capital raise and a junior-to-common conversion. I wouldn't fixate on 20% too much.
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