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Re: ican70 post# 18157

Thursday, 02/19/2009 2:28:08 PM

Thursday, February 19, 2009 2:28:08 PM

Post# of 27567
Well I would like to think that all unit holders would be included. The difference between you and me is I read in-between the lines and I always try to think this way. If I were in MOSH LP’s shoes how could I get the most money for MYSELF. This may not be how they think and my thinking could be completely wrong. But in today’s world I assume everyone is greedy and selfish and I am sure if they found a way to get money only for themselves them I bet they would take the opportunity. Its not that I have a self interest but rather I (or we) need to be extremely defensive.

Please also keep in mind after I had my huge suspicions and doubts I called the trustee and posted the conversation details in post #18088. This made me feel a bit better as the Trustee did say any settlement or judgment would be for ALL unit holders and if the sale does go through any money left after paying debt would go to all unit holders...

I know this is a technicality but I do not believe the judge will be required to approve any settlement. Infact the judge specifically said this court does not need to approve any settlement agreement. All parties might prefer the judge approve the settlement and this way they limit liability. The judge has declined to approve a settlement in the past because all unit holders did not benefit enough but at the same time the court does not need to approve a settlement.

But I am relatively sure everyone will be nice to unit holders as they know if we get screwed over (or attempted to be screwed over) then MOSH LP and JPM will be held responsible. After all JPM and MOSH LP have tied up the trusts assets for about 4 years to pursue this lawsuit and if only MOSH LP were to benefit that would be at the expense of the trust!

I post here to simply point out the negatives that many don’t see. To me I am scratching my head as to why MOSH LP has known about the sale for MONTHS and JPM specifically sent a letter to stating this is our 60 day notice to you. MOSH LP should at least had the injunction already prepared so the same hour the 8K was released announcing the sale the injunction could be filed. MOSH LP’s choice so far to only seek sanctions (payable to MOSH LP) seems suspicious to me.

Plus keep in mind that selling the partnership or its assets does not get rid of the TRUST. It does however sever the relationship that the trust has with PXD (no more partnership). Which could cause an issue, I don’t know. Any comments?

-Mike

*Disclaimer: My post are possibly fictional and/or are my opinion. I assume no liability, nor do I guarantee any stock's performance. Please do your own due diligence.

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