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Saturday, June 01, 2024 1:30:31 PM
And, since our bankruptcy judge has kept us in a CH11 proceeding, he should be equally informed about Humanigen's prospects and strategy as it relates to shareholder value.
Existing equity holders were excluded from voting on the Combined Plan and Disclosure Statement. However, it was the Combined Plan and Disclosure Statement that vested sole discretion into the Liquidating Trustee to declare a Record Date for a Distribution to Existing Equity Holders. The Declaration of a Record Date would not adversely affect the superior claim holders in any way. In fact, it could add value to their claims, if certain Causes of Action are implemented.
Existing equity holders should be permitted to Object to an arbitrary denial of our Preservation of Rights. I see no reason why the judge, rather than the Liquidating Trustee, should not retain the authority to Declare a Record Date, if requested by the Debtor.
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