re: "Given what we know, i don't know who would want to take the chance of being on the outside looking in. [...]"
I looked on the court site for an "Investors Application for Loss Reimbursement Due to Court Clerical Error Induced Market Panic" form to fill out. Alas, there doesn't seem to be one.
The combination of uncertainty and waiting puts people on edge. The recent, um, incident, inspires pessimism. If all pessimism were expelled, we'd be to the moon already. So, some focus back on risk.
One thing we know is that there is a huge spread between us'ns and them'ns valuation.
Summary Judgement
A grant of summary judgement would result in liquidation. The obvious thing holding back the motion for summary judgement is the big question of liquidation value being a question of material fact. Hence upholding the motion for more comprehensive (extended) discovery is only prudent.
We could conceivebly win here even by losing if discovery yields a decent number. Theoretically, up to the $1.2 B...
It's quite the coincidence that the defendants just happen to come up with a value slightly above zero. A little too convenient if you ask me. Strikes me as a combination of low-balling the reserves estimate and inflating costs....
Unitholder Liability
Anybody else read that section? It is the same as in the 10k for tidewater but it still creeps me out a little.
If it wasn't boilerplate, would almost sound like some kind of veiled threat. One implication would be, if they can adjust their figures anywhere they want, what would stop them from piling on more charges to make it come out negative? Are they just being "nice"? How likely is that?
Oh, well, got all weekend to figure out how this would fit into a risk assessment if need be...
